The Appellate Division on Tuesday adjourned for one week a hearing in the government鈥檚 plea seeking a stay on the High Court order that had halted the construction of the elevated expressway extension through Panthakunja Park and Hatirjheel in Dhaka.
Vacation Chamber Judge Md Rezaul Haque passed the order, asking the government to file a regular petition for leave to appeal against the High Court鈥檚 stay order.
Attorney general Md Asaduzzaman moved the provisional petition on behalf of the government, requesting an immediate stay on the High Court鈥檚 decision to resume construction works.
The construction work was halted following a High Court stay order on September 10, issued in response to a public interest writ petition filed by environmental activists, university professors, and members of the Bangladesh Tree Protection Movement, a platform advocating green conservation.
During Tuesday鈥檚 hearing, the chamber judge adjourned the matter after lawyer Jyotirmoy Barua, representing the petitioners, informed the court that he had only just received the High Court鈥檚 written order.
Attorney general Md Asaduzzaman argued that the Supreme Court had precedence that development works or government policy decisions should not be blocked through stay orders.
In response, Jyotirmoy Barua countered that the Supreme Court had always intervened when executive actions violated the law.
He said that the government violated the Open Space Conservation Act by approving the expressway extension through a densely populated area and destroying Panthakunja Park. He also noted that the current alignment deviates from the original expressway plan and appears aimed at preserving the aesthetic appeal of the nearby Pan Pacific Sonargaon Hotel rather than ensuring public interest.
