Even though the department of archaeology (DA) is very much aware of such destruction of historical structures and archaeological heritage sites -- particularly in and around the capital, it hardly can do anything to protect these due to drawbacks in the conservation law, said M Shafiqul Alam, director of DA.

Conservation of heritage sites and monuments is all the more sensitive and difficult in the capital because of rocketing price of land here, he said.

"We do feel that a particular site or edifice should be protected," Alam said, "But we cannot protect it unless and until its private owner gives consent in favour of the conservation."

The foremost precondition, as per the Antiquities Act of 1968 (amended in 1976), to declare a historical monument or a heritage site protected is that the government has to obtain consent of the private owner first, he said.

"We need to amend the Antiquities Act and make it up-to-date for conservation of our heritage," said Alam. "We could not declare any new building or site as national heritage sites during the past 30 years in Dhaka. There are only 19 declared protected sites in Dhaka, most of which are not under the government's control and are being occupied illegally."

First, the government has to propose to a private owner that the government intends to declare the structure or site as national heritage site, Alam said, adding, "In case the owner rejects the proposal, the whole effort becomes complicated as there is no provision in the Antiquities Act to declare a national heritage site by force."

A private owner has the right to sue the government in case the government had turned the site into national heritage site without the owner's consent, said the DA director.

In some cases, the DA can declare religious edifices as national heritage sites, but the task is very difficult for structures without religious affiliation.

ABM Abdul Haq Chowdhury, secretary to the cultural affairs ministry, said there are many old buildings all over the country, but the government cannot conserve all of them mainly because of fund constraints.

"If needed, the government will have to amend the old law in public interest," said the secretary, "But I have to look into the law before I respond to the matter elaborately."

In the light of Metropolitan Building Construction Rules of 2006, Rajdhani Unnayan Kartripakkha (Rajuk) asked the DA to prepare a comprehensive list of heritage sites and historical structures in Dhaka.

The DA prepared a list of only eight such sites. Rajuk was not satisfied over the outcome of the work done by DA and it asked Institute of Architects, Bangladesh (IAB) to do the job.

An IAB committee headed by conservation architect Abu Sayeed M Ahmed has been working on the project. "We will be able to submit first phase of the final list within the next one and a half months," said Ahmed.

The building rules restrict any development work within 500 metres radius of a declared heritage site, Ahmed said. He however agreed that a site could not be declared protected unless the private owner agrees to the government's proposal.

President of IAB Mubasshar Hussain said the declaration of heritage sites is crucial to save any structure or site with historical or cultural significance as it [the declaration] as it ensures public ownership on a heritage site.

Government must also acquire a site and pay due compensation to its owner in the same manner a private land is acquired for building public infrastructures like roads or bridges. But, the conservation work must follow immediately after the land acquisition, Mubasshar suggested.