Basundhara Housing (Baridhara) of East West Properties Limited; Banasree, Aftab Nagar, Pallabi, Mahanagar, Mayakunja and Mayakanan projects of Eastern Housing (Islam Group) and Swarnali Abasan project of Swadesh Properties have not been approved yet but the developers are running advertisements in newspapers and televisions claiming they are approved by the government.

"The claim is an illegal practice aimed at duping the gullible people into buying plots and flats of the unapproved housing projects," said a top official of Rajdhani Unnayan Kartripakkha (Rajuk) requesting anonymity.

The national committee on approval of private housing projects, under the Private Housing Projects Land Development Rules of 2004, decided that those projects would be approved provided the developers comply with a number of preconditions.

The preconditions include obtaining clearance from the Department of Environment, geological survey from the Department of Geology and clearance from Dhaka Transport Coordination Board and Bangladesh Water Development Board, among other agencies.

The authorities also set precondition that the said project developers have to comply with the Wetland Protection Act of 2000 and exclude the river, canal, wetlands, retention ponds and flood flow zones earmarked in the Dhaka Metropolitan Development Plan (DMDP) from their project areas.

They have to submit layout plan with all the required clearances. Rajuk will forward the layout to the national committee. If satisfied, committee will approve the project with the sign of all the members.

The projects may obtain approval if the developers submit their layout plan in compliance with the particular preconditions, Private Housing Projects Land Development Rules of 2004 and other related laws.

Chairman of Rajuk KAM Haroon said, "Running advertisements claiming that the projects are approved is just illegal."

The national committee has agreed to approve those projects only if the developers comply with the preconditions set by the rules, he said.

"As per the committee decision, the aspiring developers have to submit detailed layout plan of each of the proposed housing projects to the Rajuk, which will not forward a layout plan to the committee for approval until it is submitted in compliance with the rules," said the Rajuk chairman.

Rajuk has filed a number of cases with the police against illegal housing projects and it is the law enforcement agencies that have to take action, Harron said adding that Rajuk has even written to the home ministry for action.

The housing project development rules of 2004 clearly prohibit sale, allotment and advertisements of a proposed housing project in any manner before obtaining approval from the authorities.

The Building Construction Act of 1952 (amended in 2006) provides that whoever commits an offence by contravening the provisions of the act or by failing to comply with any directions by rules shall be punishable with imprisonment up to seven years or with fine not less than Tk 50,000 or with both.

Violation of the housing development rules is also punishable under the Environment Conservation Act of 1995.

A top town planner of Rajuk said that any aspiring buyer must first check authenticity of a housing product with the Rajuk before going for purchase. People must not become gullible to any alluring advertisements.

The mass media in this regard, both newspapers and televisions, have a crucial role to play, said Rajuk officials, adding that they must refrain from carrying advertisements of something, which has no genuineness and legality.

Director of East West Properties Limited (Basundhara housing project) Md Abu Sufian said that they had got approval.

"I have seen the rules but I don't remember it," he said responding to a question on running advertisements without approval. "If it is illegal, why does not Rajuk say anything? They are not saying anything," Sufian said.

Vice-chairman of Islam Group (Eastern Housing) Asaduzzaman claimed that Banasree, Aftab Nagar, Pallabi and Mahanagar housing projects have been approved by Rajuk since 1987. He also said development of Mayakunja and Mayakanan projects are now stalled, as they have no approval.

"We have applied for revised approval of those projects, under the rules of 2004, approved in 1987," he said. "But our reputation is such that our housing products are sold even without advertisements."

Asaduzzaman said they have stalled running advertisements in newspapers since they applied for revised approval but carrying on with the commercials on television channels.

A three-member committee formed in 2002 and headed by a joint secretary Mostafizur Rahman investigated whether Islam Group has any genuine permission for its Banasree and Aftab Nagar housing projects.

"The investigation committee revealed that whatever permission Islam Group obtained in 1987 was fake," said one of the members of the committee. "The permission was forged and obtained in connivance with the then town planner."

It is not true that the Islam Group got approval for any of its housing projects, said a Rajuk official, adding that they were rather served with directions from the concerned section of Rajuk regarding their unapproved projects.

General manager of Swadesh Properties M Faizul Haq said, "We got approval for our project just before the end of immediate past government's tenure."

Despite repeated attempts, neither the chairman Mujibur Rahman nor the managing director Tanvir Islam of Swadesh Properties could be contacted for their version.

The Rajuk scrutiny committee pointed out all the flaws and violations resorted in the proposed projects before forwarding to the national committee.

But the aspiring housing developers allegedly managed the national committee by underhand means to agree in principle for approval.

In the face of minister-level pressure, Rajuk board had to forward the applications hurriedly to the national committee within a day, according to Rajuk sources.

Housing and Public Works Ministry SM Zafrullah said, "I will look into the matter."