Railway's delay tactics frustrate government order

Unauthorised allocation of plots in the city's Begunbari canal area, a designated flood flow zone, violates the city's master plan and wetland conservation laws. PHOTO: STAR

A high official of Bangladesh Railway, seeking anonymity, said, "The allotments can be cancelled just on the ground that the leases were not made through open bidding."

Sources said the director general (DG) of railway sent separate proposals case by case to the communications ministry around two months back for cancellation of plot allotment in the Begunbari canal.

But the railway authorities did not produce all the relevant and required documents like copies of agreements along with proposals. As a result, law adviser to the communications ministry sent the file back to railway.

Joint Secretary (Rail) of the ministry Shafique Alam Mehdi said he is unaware of the case. "I have just joined the position and the matter is not in my knowledge."

Law adviser to the ministry Mujibur Rahman said, "We sent the files back to the railway authorities, as they did not send the agreements along with the proposals."

According to sources, it took around two months to reach the files to the law adviser through assistant secretary and joint secretary concerned. Evidently, it will take long time in forwarding and receiving the file.

DG of Bangladesh Railway Belayet Hossain said they sent separate proposals on allotment of eight plots including four of CNG filling stations clarifying on what terms and conditions the plots were allotted and the legal status of the lease.

"We, in the proposals, explained the content of the agreements," he said.

Replying to a question on why relevant documents were not placed, the DG said, "We will provide the copies of agreements if the ministry asks for; it's not a problem."

LGRD and Cooperatives Adviser of the caretaker government Anwarul Iqbal had categorically said earlier that all the illegal structures in the Begunbari canal area would be removed and anomalous and controversial allotment of plots would be cancelled.

Iqbal apprised an inter-ministerial meeting on April 5 that the government has decided to cancel all the recent allotment of the plots in the Begunbari and Hatirjheel areas.

When leaders of influential trade bodies met the adviser, he firmly said that any anomalous allotment of plots in the Begunbari canal would have to be cancelled.

The adviser told The Daily Star, "We requested the communications ministry to cancel the allotments and it is they who have to do the job."

The BNP government leased out four large plots in the Begunbari canal area, a designated flood flow zone, to three influential trade organisations not only in violation of the city's master plan but also bending the railway's land management rules of 2006. Another plot was allotted to International Arbitration Centre.

The allocations made violating environment and wetland conservation related laws deprived the government of a huge amount of revenue, as the prime public lands under the disposal of Bangladesh Railway were leased out at a token price.

Communications ministry sold 0.66 decimals of railway land to Bangladesh Textile Mills Association (BTMA) and leased out 4.16 acres to Millennium Holding Limited (Hotel Hilton) in the canal along the Tongi Diversion Road.

One acre of land in the canal was leased out to the Federation of Bangladesh Chambers of Commerce and Industry at a token price Tk1 lakh. At present market price, this land should cost more than Tk 150 crore, according to sources in the railway.

Though it is a vital precondition to arrange public tendering in such cases of leasing out land as per the land management rules, the then communications minister made these anomalous deals applying his 'discretionary' authority in clear disregard to the obligations of the rules. There was no public bidding for sale or lease of railway land.

Influential trade bodies that got lease of huge chunks of railway lands started mounting tremendous pressure on the railway authorities after the media exposed the anomalies.

The government has recently undertaken a project called Integrated Development of Hatirjheel area including Panthapath-Pragati Sarani link road to construct a ring road instead of elevated roadway.

According to the proposal, submitted on April 22, the project will be implemented by three organisations --Rajuk, Dhaka Water Supply and Sewerage Authority and Local Government Engineering Department at an estimated cost of around Tk 1,600 crore.

Dhaka Wasa has a drainage project in the canal, while Rajuk's development scheme will restore Begunbari canal and Hatirjheel and its catchment area with beautification and demarcation. The LGED will construct peripheral ring road.

As per land acquisition rules, acquired land but unused for long should be turned into khas land or at best may be derequisitioned to the original owner. But such land should not be leased out in the manner it has been, said a railway official.

The then prime minister Khaleda Zia laid foundation stone of the BTMA building on October 22, 2006 and that of FBCCI building on October 8 immediately before her government stepped down on October 27.

According to railway officials, in case of renting out land under such deal it must not exceed five-year term for renewal, but in this case the deal has been made for 60 years.

Prof Md Mujibur Rahman, who led the study group of Bangladesh University of Engineering and Technology (Buet) on the Begunbari canal, said earlier that constructions of BGMEA building, Sonargaon Hotel extension and proposed FBCCI building in Begunbari canal are not compatible with the recommendations the study group had made in its report to Rajuk.

The Dhaka Metropolitan Development Plan (DMDP) earmarks the Begunbari canal as a natural canal and clearly prohibits any change to its status.