Rajdhani Unnyan Kartripakkhya (Rajuk) in its third notice on September 21 asked the BGMEA to pay the penalty of Tk12 lakh and a fine of Tk 50,000 for having built the 15-storey building in the city's Begunbari canal area without approved design.

The BGMEA had completed construction of the 15-storey building violating some provisions of the plan it submitted to Rajuk for approval, Rajuk sources said.

Building construction without approved design is punishable under the Building Construction Act of 1952 (amended in 2006).

Following Rajuk's first notice on July 30 and second notice on August 20 in this regard, BGMEA Secretary M Fasiur Rahman in a letter on August 29 argued that Rajuk should approve the design to resolve the matter ignoring violation of building rules and penalty.

"In case the BGMEA refuses to pay the penalty in compliance with the law, Rajuk will raise the issue at its board meeting and go for next course of legal action," said Rajuk Authorised Officer Muzaffar Uddin.

BGMEA had submitted a plan for the building but Rajuk held up its approval in the face of objection by a Rajuk committee.

"We even asked BGMEA not to carry out building construction without approved design," said Muzaffar. "But the BGMEA authorities completed construction of the high-rise building in disregard to all instructions."

Asked why BGMEA is not paying the penalty for its offence, association's president SM Fazlul Hoque said, "Rajuk may exempt the penalty."

Rajuk asked BGMEA to submit any construction plan in consultation with Bangladesh University of Engineering and Technology (Buet) that has carried out a survey in the entire Bengunbari canal for a proposed development scheme of the canal by Rajuk.

But BGMEA submitted the plan without consulting with Buet.

Now, the BGMEA has to pay approval fees at penalty rate, demolish those portions of the building that are not specified in the proposed plan and do not comply with Rajuk's setback rules and sign an undertaking that they will remove the approach road with a bridge to obtain approval of the building design, Muzaffar Uddin said.

The BGMEA has to pay the penalty of Tk12 lakh as design approval fees, ten times more than the regular, and a fine of Tk 50,000 for having constructed the building without approved plan and violation of building rules.

The BGMEA has to remove the approach road built by earth filling the canal between the building and Panthapath. Instead, it has to build a beautiful bridge as per specified design at its own costs to facilitate flow of the canal.