HOUSING AND REAL ESTATE
REHAB MEMBER: NOT THE WHOLE TRUTH
Muhammad Shamim Akhter: 13 April 2010:
A.
Housing is one of five basic needs of the human race. To make human life safe, secured and better, there is none but to have a home- sweet home. From the time immemorial when Adam and Hawa (AS) started conjugal life, they felt to make homes. The sense of building home had waved in the minds of the succeeding prophets and fellows so discussed shaped and reshaped years after years of struggle.
In Bangladesh , the practicing of make home is very old. But in the modern metropolitan sphere when concrete- house started to raise heads up, a set of rules for making the standard so urgently felt by the decision-maker that they made Town Improvement Act, 1953 and Building Construction Act, 1952 (East Bengal Act II of 1953. Later Bangladesh Government by the power given in the Building Construction Act, 1952 (East Bengal Act II of 1953) made Dhaka City Building Construction Rules, 2005 that has been duly amended by Dhaka City Building Construction Rules, 2008. Along with Dhaka Metropolitan Development Plan (1995-2015) was also made accordingly.
In 2008, an ordinance so made for the development and management of the real estate has not yet been passed by the Government that came to power in 2009 and whether it may be an act is really uncertain, in the one hand, the Environmental Organizations, on the other hand, are demanding to pass the ordinance as an act. Reality is that a lobby of the Government is contesting to REHAB election-2010 is assuring that Real Estate Development and Management Ordinance, 2008 may not be passed as an act since it has curved the interests of the Real Estate Developers. Making mandatory to make registration of the company, barring any advertisement for sale prior getting approval number from the concerned authority (for instance, RAJUK) the ordinance has seriously dissatisfied to a group deal in Real Estate Developing.
In this regard two questions have brought in our mind:
• What is the problem to get approval number from the authority? Are the Real Estate Businessmen disobedient in doing measures so compatible to ensure a sound environment and pacifying the logical satisfaction of the clients abiding by the standard comprised in the act aforesaid? or
• Is the authority like RAJUK, KDA, CDA,RDA etc. are lazy and corrupt enough to speed up in perusing registration for the developer or approval number of the project or employees hanker after cash to by-pass monitoring precisely and timely?
If these two propensities are available then it is obviously a concern for building environmental friendly and livable cities. Lack of responsibilities and steps diverged from the customary laws of the concerned departments have lead the cities like Dhaka and Chittagong in particular and other cities in general soaking by air, water and sound pollution and uncomfortable traffic congestion so and so.
If authorities like RAJUK, CDA, KDA, RDA etc and the building developers are consciously share common view in violating the law that ensures an environmental friendly and comparatively safer mode of living, we may call them ‘environmental terrors'. The chairman, engineers and other officials, developers ¾ all those are included to this emblem.
Influx of democracy has lead to approach such a horrified course of action. The more the bottomless and homeless peoples are sheltered and guilt house owners in violating the rules, the more the chance to blackmail in gaining votes from their ends. It is, in other sense, be termed as the ‘Tumor for Democracy'. While Sidr, Water tidal and cyclone, affected peoples those who were rehabilitated at that time through different ways unfortunately the same course of action was not seen for the people living in Aila affected area; different source added that nearly 42 thousand families have been living on the embankment in Aila affected area and neither the fund of GOB nor foreign aid was arranged to be offered to rehabilitate them: after one year some token assistance from Bangladesh Military has come to our sight. Now if this homeless people come to big congested metropolitan area, who is to be blamed: obviously those who heaping then in the slum, a centre point of crime, grabbing railway property, water reservoir use to gain vote instead of serving humanity. So politics for vote comprised by corrupt and tricky vested mafia is nothing but an effort destroys our dream to live in the sound environment despite the fact that we support the concept: live and let live.
B.
Come to the main point. If you notice on the big signboard in front of the project or in the advertisement displayed in the dailies, bill board near the busy street or in different advertising materials you may find just two words: “REHAB MEMBER”. By it sellers try to make the clients persuade that the project is 100% pure gold that means the project is legitimized from the concerned Governmental department. On the other hand, if we try to obtain the project approval number or whether the developer is enlisted to the authority so obligatory to be known as per the law need to abide by the citizens – we become nonsense; since the lists of the authority so publishable and displayable for the approved projects, nothing may be traceable. More clearly, without obtaining the approval number - projects go on as per their own discretions – no matter what those compatible to the building code and other relevant standards resulting the lives are supposed to face in risk. The conflicts between Authority and Developers alias Jaminder have been voiced during Caretaker Government. Although the division had lined up since a long ago, at time of the Caretaker there was dialogue seen between administration and interest groups. Now, during the new regime, situation has been changed: no massive effort from the end of the public administration to regularize the administrations like RAJUK, CDA, KDA, RDA etc. In stead of, we see the flood of irregularities in the concerned department. Hundreds of projects are passed under the hand of a couple of engineers in the office without proper scrutiny and having taken inducement. Top level decision makers are playing role as a referee and takes the side the party that please them. Some sections seen omitted in the Dhaka Building Construction Rules, 2008 favored the Real Estate Developers who do not want to look after the interest of the client or approved design or whatsoever; whereas those were available in Dhaka Building Construction Rules, 2005. For instance,
Section 6.5 (a) of Dhaka City Building Construction, 2005 directs that unless getting any approval number for building / project development from the authority, no circulation or advertisement be published. Section 6.5(b) also directs that the building so made for commercial purpose must contain number and date of the approved design in the brochure, signboard and bill board. Similarly, Section 6.5 (c) ensures to the availability of name and registration number of designer, archirect or builder so displayable public in front of the project.
Section 6.7 under the title of restoration of buyer's interest, Dhaka City Building Construction Rules, 2005 directed that in order to construct building commercially the firm must be a member of concerned trade body as per the official order no. MC/oba -6/A- 3/92/114 of the Ministry of Commerce so that in the case any irregularity found at time of hand over or registration, that legitimized trade body may take legal action against that real estate developer. This section ensured the monopolistic presence of REHAB (Real Estate and Housing Association of Bangladesh ); this section opened the door for associations other than a single trade body REHAB (Real Estate and Housing Association of Bangladesh ). On light of it, Dhaka City Building Rules, 2008 has omitted such sections.
In the mind of general people, it is in general appears that since it is being advertised, there is no legal barrier in purchasing the apartment. Once that is purchased, the mighty real estate vendors have the chance to show banana to the client and there is a little chance for the client to protest since there is a maximum possibility of the dishonest public servant of the department to linger showing the excuse that the client has signed agreement for purchase. In that circumstance, the officials who are like the king in the department will collect BOKRA (inducement) from the seller. Hence, it was better to ensure the legitimacy of the project prior any dealing that was inclusive to the rules of 2005. Although the Caretaker Government arranged to save the real estate developer and made a passage to earn the mass-media in 2008 (it opened door for the mass media who have little social commitments than to pile up their vested interests), they left chance to watch light in the tunnel, on the other hand, that is seen in the Real Estate Development and Management Ordinance, 2008.
In the second chapter of the Ordinance under the title ‘Liability of the developer' directs that developer must comprise registration number of the real estate, memorandum no along with approval number of the authorized design in its prospectus. Furthermore, it also directs that no advertisement be supplied in any mass media without getting approval of the project etc. Even it clarified that before the project approval; the developer must not demise or peruse any agreement for demise the real estate to any party.
In the third chapter of the ordinance, for instance, directs that after paying full amount payable for the real estate; the transmission of the possession, deed and registration must come to an end. It is also a positive rule may look after the interest of the client. Furthermore, the ordinance assigned the responsibility to the authority (rather than any association) to maintain and publish to a list comprised by registered developers. In addition, for the registration of the developers so conditions put forward; amongst them developer's registration in REHAB or Land Developer's Association have been made optional (if any) rather than a must.
Both of the amendment and ordinance made by the CG, made REHAB ultimately obligatory than to have the options to get the registration of any other association as it was comprised in section 6.7 under the title of restoration of buyer's interest, Dhaka City Building Construction Rules, 2005 that must be a member of concerned trade body as per the official order no. MC/oba -6/A- 3/92/114 of the Ministry of Commerce. It may remain a mystery about to be over confident that being a member of REHAB or Land Developers' Association they would look after the interest.
The topic that we tried to portray that being a member of REHAB many developers erect sign board or advertise do not feel necessary that project approval, authorization of design are more important than the emblem ‘ MEMBER REHAB'. Our investigation suggests there is a little accessibility of the clients to the office of REHAB. Most of the cases reception plays such a role thus the client should better to leave; furthermore, the website of REHAB is almost inaccessible. The exact of number of REHAB member nor any further assistance is scarcely obtained. In addition, observing last years when REHAB was in full operation, lots of irregularities regarding this sector was found from different quarters. In this situation, allowing REHAB an exclusive association may be harmful to this sector.
Most interestingly we see that present Government, although, approved, amended to different act; the ordinance or rules so proposed made by CG have been hanged around for last one year.
We saw even present concerned Minister in a meeting tried to get sympathy from the accused quarters by saying: “Who have told you land robber? “ It is the court that vowed such a verdict that clarified that there are robbers in this sector. Instead he could warned both the administration and the land developer plus real estate developer that both should comply the law in order to build a modern safer Dhaka where business would be harmonious but clients would not cheated. Minister should guard the rules, not the interest of vested groups.
Unfortunately, while we conduct the survey in the project of the developers so observed in open eyes simply provoke us that city is going in ruin!
C.
The RAJUK approved project conducted by Private Real Estate Developers is obtainable in its website. The link is provided;
(to be continued)
From far left : Building materials like sand is scattered in front of the building compound ,even on the street .It pollutes air , cause eye -disease . Picture from Pallabi PS.Right: The painters work without using any safety measures .Picture from shedunbaghicha. Every day a huge number of casulaities are hospitalized in Dhaka Medical College Hospital. On 21st September ,2007 a pathetic accident occured in 8th no. Road , Block# B, Section# 12 ,no admnstrative action yet been taken as safety measures were not followed .
Real Estate Developer's egotism should be checked
BM investigation , 3 July 2007 :
A ccording to the statistics of REHAB, housing development business is a fast growing business in Bangladesh. Approximately turnover of the business is Tk.12.50 billion. Occupying 198 members of the estimation of the year 2005 nearly 1.5 million skilled and unskilled labors, 14000 management officers, 10000 nos. graduate and Diploma engineers are glorified the association . However, the check and balance from the authority, responsive body in order to safeguard the interests of the commoners, was rarely seen in practical. The notorious activities in the real estate sector of BASHUNDHARA, JAMUNA, and PARTEX are focused recently by the TFI (Task Force Interrogation) but dark shadow of this sector is far longer than known. Recently a report of the joint force in the Daily Ittefaq (3 July 2007 www.ittefaq.com ) suggests that out of hundreds of developers only 40 developers are legal as per the guidelines of the GOB (Government of Bangladesh). Not only this but the report provides that 100 projects out of 111 projects of real estate developers are forge and there is no legal ground. Unfortunately, RAJUK assisted to realize the crime of the interest group of the housing developers. The task force discovered that 590 square mile around Dhaka city among hundreds of private housing project only three was genuine. Rests of them are illegal. The employee of RAJUK took inducement crore of taka and buried the fact. The reviewer's survey to the site of the developers revealed the following violation of the law. 1. The billboard that is hang in front of the project must provide the plan approval no. of RAJUK , but visiting different site at Segun Bagicha, Dhanmondi, Mirpur,Pallabi, Mohammadpur and rest of the PS in Dhaka the billboard provide no plan approval number. It is the clear sign of the violation of the law (Building Construction act, 2005) and justifies the report of the Task Force. 2. The Occupational safety and personnel division of the project must provide the necessary action to ensure the safety equipment for the laborer, but our investigation showed that there was no safety vest, head gear , shoe even no first aid box available there . Two accidents was known from the source happened in the project adjacent to Box culvert road at Fakirapool near water tank , but no action was taken by any public agencies. 3. Occupying the foot pat/side walk with building materials are one of the crime, however, no action is taken and so almost every project this picture is common. 4. Building the flat occupying the whole plot is clear violation of the law. Whereas most of the projects are doing so. These are the signs of violation of law –see in the naked eye while to cross the project .If it is caught in the naked eye of the commoners, then, why has it not been seen with the eyes of the RAJUK, DCC,Bank : other financer, and related ministerial bodies? Then: Shall the commoners be chained by the egotism of the house building developers?
.
Clear violataion of law: Some proposal
BM Desk, 6th June 2007 :
A.
Law makes balance among the citizens so that no certain group can snatch other's right to live, instead can live safely and peacefully. Implementing law is more responsive than the formation of law. In Bangladesh many sacrificed lives for Islamic law .But interestingly some existing law ensures the norms of Islamic principalities. For instance, Abu Huraira (RA) described. Prophet Hazrat Muhammad (SM) said, ‘ There are more than seventy or more than sixty branches of Iman .Among them the best is to utter La Ilaha Illah la ,and general branch is that to remove the material which breeds pain or produces trouble on the street. Shame is one of the branches. (Bukhari and Muslim).
Here Islam disliked producing pain in the street by piling the materials. C,D of Section 3.1.3, of Dhaka City Building Construction Act,2005 reflects the echo of the hadith . But its enforcement is not strongly seen in the street by the respective authority. Then question: if the above mention Act is labeled as Islamic law and not be implemented, then shall not the peoples be frustrated? Here in Bangladesh law enforcement is purchased and sale by money.
B.
Section 3.1.3 of Dhaka City Building Construction Act, 2005
C) If the construction work makes blockade, trouble and hindrance to the public in the road or place, and then the applicant has to ensure safety to the public being constructed temporary fence, shield and alternative passage for them.
D) It can not be made barrier to the public being piled building materials and goods on the way to the public movement or footpath.
Whereas:
For the lack of enforcement of the law the building developer violating the law .Topkhana is just opposite the Secretariat. Have a look there a building just after Crescent building piling building materials on the street and making trouble to the passers-by and no authority is ever showed their responsibility to look after. Then is there any underhand secrecy there? The same picture is seen almost every PS to Dhaka .
Some proposals:
Concrete mixing spot must be far away from Dhaka city. Some licensed companies would provide the mixed concrete and near to the company there should be quarters for the workers and the re-rolling industries may maintain a section adjacent to the factory where they would cut and measure the iron bars and the readymade rods can be supplied to the site at the end. The workers who work at the street would work in the industry. The structural engineer may supply the drawing through email. In this way the problem may be eliminated and Dhaka would be environmental friendly, safe to the passers-by, even comfortable to the building developer and others.
