Innovative tactics to occupy govt. land in Cumilla

Accusations have been made against the wife, children, and five heirs of retired police officer Delwar Hossain from Cumilla for taking a government land lease of 0.6163 acres under the condition of constructing a cinema hall and hotel, but instead building a ten-story commercial building. Additionally, they have allegedly illegally occupied an extra 0.1156 acres of land outside the lease, turning it into personal property. The current owner is Delwar Zahid, the son of the late Delwar Hossain, who passed away seven years ago. Such allegations have been made by the city dwellers against Delwar Zahid.

In the city's central Kandirpar area, Delwar Zahid, the proprietor of Delwar Theater Enterprise, has recently completed the construction of a building named Rupayan Delwar Tower on the right side of Police Lines Road. The shops in the building are now being arranged by the business owners who purchased them. Additionally, Delwar Zahid has been accused of attempting to sell land that was illegally occupied beyond the leased area.

Upon visiting the site, it was found that the process of acquiring assets worth hundreds of crores through various tactics is now in its final stages. However, locals have raised allegations of the administration's silent role in the matter.

According to district administration sources, in 1963, retired police officer Delwar Hossain, the owner of 'M/S Delwar Theater and Enterprise', was granted a lease of 0.6163 acres of government land, registered under plot numbers 1298, 1299, 1296, and 1300 in the 242nd small mouza of Kandirpar (269 SA), with the condition of constructing a cinema hall and hotel. In 1965, the property was requisitioned, and a registered deed was executed by the then government.

According to the terms, Delwar Hossain opened the 'Deepika Cinema Hall' in 1967. In 1996, another cinema hall named 'Deepali' was opened on the third floor of the second building. The second floor of that building housed a branch of Uttara Bank, while the ground floor had Hotel Diana. In front and beside the cinema hall, there were 28 shops, including Fuji Color Lab, clock shops, and studios, for which the lessee collected rent. However, in 2012, without obtaining government permission, the lessee entered into an agreement with a housing company (developer) in Dhaka to construct multi-story commercial, residential, and cinema hall buildings on the property, worth hundreds of crores.

On September 27, 2011, the manager of M/S Delwar Theater and Enterprise, Ahidur Rahman, submitted an application to the Deputy Commissioner of Comilla seeking permission to construct multi-story commercial, residential, and a new cinema hall on the leased land. In response, on June 29 of the same year, the District Commissioner's office assigned the then Assistant Commissioner (Land) of Adarsha Sadar Upazila, Mohammad Asaduzzaman, to prepare a report. In the report, he stated, "The land was allocated by the government solely for the construction of a cinema hall and hotel. Therefore, according to the lease conditions, there is no provision to build commercial or residential buildings there."

Despite this, the intermediary housing company representing the leaseholder began demolishing the Deepika Cinema Hall. Upon receiving news of this, on January 8, 2013, the then Deputy Commissioner Mohammad Rezaul Ahsan ordered a magistrate and police to stop the demolition at the site. On the same day, a letter was sent to the proprietor of Delwar Theater by the district administration, instructing them to cease work, as per the directive in Administrative Order No. 25. Subsequently, the Rupayan Housing Estate filed a writ petition against this order, making the Secretary of the Ministry of Land the respondent. On July 15, 2013, the Ministry of Land transferred the LA (land acquisition) case, and the higher court issued an order forbidding the construction of any infrastructure, including housing, beyond the conditions mentioned in the deed.

After the death of the original owner, Delwar Hossain, the ownership of Delwar Theater was transferred to his wife, children, and five heirs. On June 14, 2021, in case number 96/21 at the Joint District Judge 1st Cognizance Court, the five heirs were made defendants in a case filed by the Deputy Commissioner.

The case alleges that Delwar Theater Enterprise violated the terms of the lease by occupying government land and attempting to reach an agreement with the developer company.

At least five senior officials from the Land Office and Deputy Commissioner's Office have stated that the lease of government land does not allow for occupation, sale, transfer, or the construction of multi-story buildings. Not only did they fail to build the cinema hall as per the agreement, but they also entered into a contract with a housing company and constructed a commercial building. Additionally, they only gave the building a cinema hall name to meet the documentation requirements, without actually setting up a cinema hall. Furthermore, the shops built on the leased land were illegally sold to various well-known clothing and shoe brands, violating the lease terms.

At least ten lawyers from Cumilla, speaking on the condition of anonymity, stated that a total of 0.6163 acres of land was registered under the name of M/S Delwar Hossain Theatre in the BS records. However, through forgery, they have included an additional 0.1156 acres of land in the BS khatian, which is not part of the land acquired through the lease.

Sources have revealed that Delwar Hossain's heir, Delwar Zahid, is seeking a way to sell this additional government land. He has already received an advance of nearly one crore taka from one party under the condition of selling the government land.

The residents have accused Rupayan Housing and the leaseholder, former police officer Delwar Hossain, of using various tactics to grab government land. During his lifetime, Delwar amassed vast sums of money through connections with former MP of Comilla-6 constituency, AKM Bahauddin Bahar, his daughter, former Mayor of Cumilla, Tahseen Bahar Shuchona, and several local leaders and activists. In exchange for helping in the illegal construction of Rupayan Delwar Tower, MP Bahar received substantial financial benefits, while his daughter, Tahseen Bahar Shuchona, along with other political figures like gunman Dulal Mahmud, the Assistant Office Secretary of the Metropolitan Awami League and Zahirul Islam Rintu, the President of the Metropolitan Swechchha Sebok League, were allotted shops for free. The market value of the shops on the fifth floor, numbered 526, 527, 528, 529, and 530, is estimated to be around 10 crore taka.

A few former and current administrative officials, speaking on condition of anonymity, said, "We tried to intervene multiple times on behalf of the administration. But we were powerless in front of the influence of those in power. Once, a female officer came to take action regarding the building, but MP Bahar and his associates harassed her. She was later transferred. There have been numerous such incidents that only the administrative personnel were aware of."

The current Deputy Commissioner, Mohammad Amirul Kaisar, said, "No one has the right to occupy government land. I will look into the matter seriously. If evidence of land encroachment or violation of lease conditions is found, appropriate action will definitely be taken."

The former Executive Engineer of Cumilla City Corporation, Mohammad Nurullah, said, "I had raised concerns about the irregularities in the building. At that time, former MP Bahar took me to the Circuit House and used abusive language, instructing me to approve the plan for the building. However, I did not approve it and did not sign it. Later, he used his influence to get the plan approved, even though, as the Executive Engineer, I was supposed to sign it."

When a call was made to Delwar Zahid, the current owner of Rupayan Delwar Tower, he answered the phone. However, upon realizing the caller was a journalist, he abruptly ended the call, claiming it was a wrong number.