From Bara Katra to Jahaj Bari: Laws fail to protect Dhaka’s vanishing heritage
The Antiquities Act 1968 binds the government, particularly the archeology department, to protect and preserve establishments aged more than 100 years. In reality, however, not much is done to stop illegal occupation and destruction of heritage sites in the city
Standing on rubble of the demolished part of Bara Katra on 14 September, the Dhaka South City Corporation (DSCC) Mayor Sheikh Fazle Noor Taposh asked officials how a gazetted heritage site could become private property?
The Mayor went on to blame the negligence of government agencies.
There indeed are ample legal instruments to protect heritage sites of old Dhaka and elsewhere. But the government agencies not only fail to implement the laws, they often surrender to vested interests.
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In the case of the Bara Katra, it was ironically a letter from the DSCC that the occupant brandished as justification for tearing down the 350-year-old historical site.
One after another heritage sites in Dhaka and elsewhere in the country are being obliterated in this manner.
"According to international standards, if a structure is designated or gazetted as a heritage site, the next step is its protection. Unfortunately in Bangladesh, there is no coordination between designation and protection," said Architect Taimur Islam, CEO of Urban Studies Group (USG).
The north gateway, along with the north wing and the north-western and north-eastern corners of the Bara Katra, at Old Dhaka's Chawkbazar area, were torn down long ago.
Due to rampant 'illegal' occupancy, the Bara Katra - a great caravan serai (roadside inn) with a quadrangular courtyard enclosed by arches and square-shape chambers and stables - has now nothing left of it other than a dilapidated south gateway.
The south gateway itself, and the remaining wings on the south, west and east have been altered into a madrassa, warehouses, shops and residencies, to such an extent that the structure, a great relic from the Mughal era, is now beyond recognition.
Bara Katra was built in 1645 by Mir Abul Qasim, the Diwan or Chief Revenue Officer of the Mughal Prince Shah Shuja.
During a recent visit guided by USG volunteer Mir Maqsudul Hasan, this correspondent found some ruins still containing archaeological value despite massive alterations.
Inside the two-storied rectangular gateway - the long staircases on both sides, the walls made of jafri bricks and lime mortar, and the chambers high above still carry the patina of the centuries-old structure. Only proper conservation (through removal of illegal occupants) could save it.
Designated, but unprotected
Between mid-July and early September of this year, a person named Ali Hossen ruthlessly demolished a portion of Bara Katra's west wing. He claimed he owned a 5 katha land that lay on Holding no 15 at Bara Katra Lane.
How could he damage a heritage site that was gazetted by the Department of Archeology in 1989?
Ratan Chandra Pandit, department of Archeology's director general, admitted, "Bara Katra, among some other sites, are gazetted but unprotected."
In 2018, there was a High Court embargo on alteration, modification and demolition of the ruins. The court instructed the archeology department, the Rajdhani Unnayan Kartripakkha (Rajuk) and law enforcement agencies to protect the Bara Katra, along with some other 2,200 historically important structures.
When we asked him about his actions, Ali Hossen showed us a Dhaka South City Corporation (DSCC) letter issued in 2016 and said he had the permission to demolish the ruins and build a six-storey building there with a Rajuk approved plan.
TBS reached out to Md Haidar Ali, DSCC's regional executive officer for zone-04, to get clarification about the letter. He did not respond to TBS's enquiry. According to laws, DSCC cannot issue such a letter.
Surely, the 2018 High Court order nullified DSCC's 'controversial' letter in 2016.
This year on 31 July, USG Chief Executive Taimur Islam filed a general diary (GD) with the Chawkbazar Police Station to prevent the demolition, which went in vain. A similar initiative by USG in 2009 was not enough to stop the madrassa authority from modifying a portion of the west wing in 2009.
In the GD filed in 2009, the Antiquities Act 1968 (upon which the archeology department gazetted the site) and the Dhaka Metropolitan Building Construction Rules 2008 were mentioned as legal instruments.
And in 2022, there was the 2018 High Court order following USC's two writ petitions and an attached list of 2,200 antiquity and historical sites.
The High Court bench of Justice Tariq ul Hakim and Justice Md Shohrawardi directed the archeology department to examine and ascertain the 2,200 structures and take appropriate steps under the Antiquities Act 1968.
Meanwhile, Rajuk was directed not to approve or allow construction of buildings in any of the sites covered in the USG list, until a final list of heritage sites was prepared.
Rajuk's zone-5 Director Shah Alam said Ali Hossen had never applied to Rajuk for approval of his planned six-storey building.
"There is no chance that Rajuk approved the construction plan for this particular site," he said.
When asked whether Ali Hossen would be accused of demolishing a portion of Bara Katra, Shah Alam replied, "If the archeology department provides us with a demarcated map marking that particular holding as a heritage site, we will take legal action."
Why does Rajuk require a map from the archeology department when Rajuk itself included Bara Katra in the historic overlay map of the Detailed Area Plan (DAP) 2010-2015?
The Rajuk official did not answer this.
The amended DAP for the 2022-2035 period too keeps the status unchanged. Besides, twice (2009 and 2017), Rajuk had issued gazettes, and every time it included Bara Katra in its heritage list.
The power of vested interest groups
The skyscraper Solaiman Tower (Holding number 3) at Chawk Circular Road is a perfect example of how heritage is destroyed despite several attempts by heritage conservation campaigners and government agencies.
Then there was the century-old Jahaj Bari, a three-storey building and arguably the first trade centre in Dhaka. The building was included in the USG list, as well as in the Rajuk's historic overlay map.
In March 2019, a realtor called Madina Developments Ltd - owned by local MP Haji Mohammad Salim - started demolishing the house. To prevent this, USG filed general diaries with the Chawkbazar Police Station separately on 29 March and 6 June in 2019. Despite police intervention, the building was completely knocked down by 10 June.
After one and a half year, Madina Developments kicked off construction of the multi-storied Solaiman Tower there. Following requests from USC, Rajuk on 21 June, 2021, wrote to Madina Developments, notifying the realtor that they had violated Dhaka Metropolitan Building Construction Rules 2008, and should therefore stop the construction. The company did not respond.
Citing the 2018 High Court order, again USC wrote to Rajuk Chairman on 5 August, 2021, requesting the authority to stop the construction. 12 days later, Rajuk sent a show-cause notice to Madina Developments, stating legal actions would be taken if no feedback came within the next seven days.
One year has gone since the Rajuk notice was issued. Requesting anonymity, a company official said Madina Developments has completed construction of Solaiman Tower without any disturbance.
A Rajuk officer told TBS that Madina Developments ignored all the notices. "Now Rajuk is preparing legal documents for removal of the Solaiman Tower. The legal documents are under vetting process," the officer said, requesting anonymity, as the owner of Madina Development is a ruling party lawmaker.
What are the custodians doing?
Even if Rajuk can remove the 'illegal' Solaiman Tower, will we be able to bring back the historic Jahaj Bari?
The Antiquities Act 1968 binds the government, particularly the archeology department, to protect and preserve the establishments aged more than 100 years.
Hence, the department is the custodian.
With the writ petitions in 2018, the USG attached a list of 2,200 structures, including 700 grade-one heritage sites from the pre-Mughal period, Mughal period and colonial period in Old Dhaka. On the contrary, the archeology department has a list of only 37. In 2017, Rajuk published a list of 75 structures in Dhaka as heritage sites.
However, the 2018 High Court order says the Rajuk's list "is not satisfactory". Thus, the court directed the archeology department to prepare a final report after ascertaining the USG list, and upon feedback from an advisory committee under the Ministry of Cultural Affairs.
Archeology department's Director General Ratan Chandra Pandit
said that he, after resuming his duty in September 2021, had formed a committee to assess the heritage sites.
"Our field officers have been working hard in this regard. Hopefully, the final report will be prepared by December this year," Ratan told TBS.
USG CEO Taimur reminded us that listing of the sites will not be enough. "As the custodian, the archeology department should protect the sites," he concluded.
