Despite rampant violations of building rules particularly in the city, authorities have punished none so far under the Building Construction Act.

Government amended The Building Construction Act of 1952 in February 2006 incorporating specific penal provisions for violators but authorities concerned are yet to exercise the law.

"A section of unscrupulous builders and real estate developers are always against such provisions," said the public works secretary Iqbal Uddin Chowdhury, "They create hindrances the moment we serve a notice or proceed with legal action."

"We face various impediments in exercising punishment against such violators," he said.

There are some sections that are habituated to malpractice in construction exploiting loopholes in existing rules and obstruct implementation of the law.

The secretary said when authorities move to take any action, such builders resort to various tricky means like filing writ with the High Court (HC) and take advantage of court's stay order.

Rajuk too has some drawbacks in implementing the law, he added.

Citing the example of Modhumoti housing company, the secretary said that the developer filed a writ petition with the HC in the face of government's legal action.

The verdict said that the area developed and sold could not be reverted, but at the same time the developer would not be allowed to extend further.

"But the housing project was developed on a flood flow zone," Chowdhury said.

"We have to wait until Bangladesh National Building Code (BNBC) is gazetted and Dhaka Building Rules come into existence, to put the law into practice and punish violators of building act and rules," he added.

Government had initiated legal action against Modhumoti before the specific penal provision was enacted.

"Attributing the situation to court cases or something else is just a lame excuse to evade responsibility, said a highly placed source from Rajuk. "In fact, exercising the law is deferred to serve interests of a certain vested quarters," he added.

"A section of developers and builders are bribing top officials of the works ministry to put the law on hold and continue the malpractices," the source said.

Dr. Shahdeen Malik, an advocate of the Supreme Court of Bangladesh, said: "The authorities are aware of the violations of building rules but their failure to apply the penal provisions means the authorities are influenced by some illegal factors."

Dr. Malik also said that designated authorities should be considered guilty of failure in applying the law simply because unplanned urbanisation and unauthorised construction are causing peril to the lives of city dwellers.

Rajuk chairman, KAM Harun said: "It is just a new law, it will take some time to put it into practice."

There are provisions for a number of committees within the Dhaka building construction rules, he said, and punitive measures cannot be put in practice until those committees are formed, said the chairman.

But the committees envisaged in the Dhaka city building rules have nothing to do with punishing violators, said a top Rajuk official.

"It does not matter whether a building was constructed before or after the provision of punishment was enacted," he said. "Any offender of building rules must be punished under the existing law," he added.

It is the original Building Construction Act that provides for punishment of violators building rules at various stages of construction.

Rajuk has so far identified many building plans submitted with fake documents and many others that do not comply with building rules passed, but has not yet punished any one involved, said the source.

The Building Construction Act of 1952 (amended act no-15 of 2006) provides that whoever commits an offence by contravening the provision of section 3 of the act or by failing to comply with any directions given to him by an authorised officer or a committee under relevant sections shall be punishable under this section.

Those who commit offences by designing or approving or implementing a building plan in contravention to any provisions of the Bangladesh Building Code and building rules shall also be punished.

Members of Rajuk's building construction (BC) committee, authorised officers and those involved with clearance certificates scrutiny committee who approve any faulty, fake and incomplete building plan and the errant builders are all subject to punishment under the law.

Offenders can be punished with imprisonment up to seven years or with fine not less than Tk 50,000 or both.

The offender has to demolish or dismantle the building or tank or portions of the building that have been constructed violating building rules either as per direction by authorities concerned or by a court of law.

Any provisions related to building construction and made under The Building Construction Act of 1952, is considered as BNBC.

Building rules for Dhaka metropolitan area is a part of the BNBC.