The developer, Ena Properties, has already constructed 2 floors of the building since the issuance of the Rajuk order on September 25 last year.

Rajuk officials said the developer has violated the terms and conditions after they got permission and Rajuk can demolish such establishments anytime.

"We have declared the construction of the building illegal after finding irregularities in the project. They cannot continue with the work," said Nurul Islam, authorised officer-1, Design Approval Section, Rajuk. But Rajuk has failed to ensure compliance of its order.

The construction was going on in full swing in the last week of December. It has been alleged that the developer is continuing with the work bribing a section of officials concerned.

Before issuing the final notice to demolish the establishment, Rajuk issued an order in April last year to the Ena Properties to submit relevant documents. But the developer failed to submit the documents and continued with the work.

However, the officials of Ena Properties claimed that they have all the legal documents to construct this 12-storey building.

"We don't understand the meaning of such order from Rajuk. Our design as well as the entire project was approved by Rajuk and if they now say we are doing wrong, it's unfortunate," said Mosleh Uddin, executive director, Ena Properties Ltd.

About their failure to submit the papers to Rajuk, he said they did not receive the letter from Rajuk in time. "We are ready to go for legal fight to prove our establishment legal," he added.

About keeping lesser space than required for road in front of the building, the executive director said: "May be there is one or two inches deficiency."

In May 2005, locals submitted a memorandum to the Rajuk chairman as the developer did not stop the construction.

"This area is heavily congested where the roads are narrow and there is heavy traffic jam. The developer did not keep enough space for roads around their building, that is why we brought this matter to the Rajuk authority," said Md Kabir, a resident of the area.

"We are already facing shortage of electricity, gas and water and the situation will aggravate if 82 more families are added after construction of the new apartment building," said Mostafa Ekram, one of the 53 signatories to the memorandum.

Asked why they complained only about this structure, when there are already a number of high-rise buildings in Kalabagan area, the residents said they had also protested the construction of two or three other buildings.

"We issued three letters asking the developer to prove their right to construct the building but they failed to do so. And finally we issued the order to demolish it," said Nurul Islam.

About the ongoing construction work, he said Rajuk will soon take action against the developer.

"We will soon send letter to the home ministry and other authorities, seeking permission to demolish this illegal establishment," said Islam.

When contacted, officers at Dhanmondi Police Station said they had stopped the construction work a month back and but they have no idea about the present situation.

"When Rajuk needs our help to implement any of their decision, it sends us letter but when Rajuk declares any construction project illegal it does not inform us," said Harun-ur-Rashid, officer-in-charge, Dhanmondi Police Station.

"We will take action if they are doing the construction illegally," he added.