Supreme Court halts construction at Mahasthangarh, allows government appeal

The Appellate Division of Bangladesh’s Supreme Court has ordered a status quo on all construction activities within the archaeological area of Mahasthangarh in Bogura, while granting the government permission to appeal a 2012 High Court ruling aimed at protecting the historic site.

A four-member Appellate Division bench headed by Chief Justice Zubayer Rahman Chowdhury passed the order on Sunday (August 9).

The other members of the bench were Justices Mohammad Rezaul Haque, S M M Imdadul Haque and Farah Mahbub.

The status quo will remain in place until the appeal is disposed of, effectively barring any new construction at the archaeological site.

During the hearing, Attorney General Ruhul Quddus Kajal told the court that basic facilities are needed for visitors, including a prayer facility and toilets, particularly for women. He sought modification of the relevant portion of the 2012 judgment to allow such essential infrastructure.

Representing the petitioner, senior lawyer Manzil Morshed argued that Mahasthangarh is a site of major historical and archaeological importance and is included on UNESCO’s tentative World Heritage list.

He said that new construction inside the archaeological zone could undermine conservation efforts and potentially affect the site’s prospects of securing final World Heritage status. He therefore sought both leave to appeal and an order maintaining the existing status quo.

The dispute dates back to 2010, when Human Rights and Peace for Bangladesh (HRPB) filed a public-interest writ petition seeking protection of Mahasthangarh. The petition followed reports of plans for a mosque and other development projects within the archaeological boundary.

The High Court subsequently formed a committee to recommend measures for preserving the site. The committee recommended constructing a mosque on the eastern side of the archaeological area.

On January 19, 2012, the High Court imposed a ban on development activities within the boundary of Mahasthangarh.

The site remained largely free of new construction for years. More recently, however, an initiative was taken to build a road in the area at an estimated cost of Tk 7.3 million. The district administration halted the project, after which the government moved to challenge the 2012 ruling.

The Ministry of Cultural Affairs and the Department of Archaeology have also communicated their objections to the appeal to the Solicitor’s Office.

With Sunday’s order, no new construction can take place at Mahasthangarh until the government’s appeal is finally resolved.

Senior lawyer Manzil Morshed appeared for the writ petitioner, assisted by lawyers Sanjoy Mondal and Mahbubul Islam.