Court clears legal hurdle for Moghbazar expressway, railway work after nearly 7yrs

The Appellate Division chamber court has lifted a High Court order that had halted construction work on a section of the Dhaka Elevated Expressway in the capital’s Moghbazar — where a land dispute has delayed the project for nearly seven years.

Chamber Judge Justice Rezaul Haque passed the order today (14 October), Attorney General Ruhul Quddus Kazal told reporters that evening.

Kazal said the order removes the legal barrier to the government’s development work on the elevated expressway and the four-lane railway line planned beneath it.

The dispute centres on a small plot of land in Moghbazar-Piarabagh that is claimed by both the petitioners and Bangladesh Railway, he said, adding that the dispute has held up development work in the area for years.

The legal dispute dates back to 2019, when AM Mostafizur Rahman filed a case with the Land Survey Tribunal.

A verdict was delivered in favour of Mostafizur on 29 March 2019. As the Land Survey Appellate Tribunal had not yet been formed, the government initially moved the Supreme Court but did not obtain an order, Kazal said.

According to court sources, after the appellate tribunal was formed, the government appealed, and a verdict was delivered in favour of Bangladesh Railway on 2 September this year.

Challenging that verdict, Mostafizur Rahman filed Writ Petition No 13892 of 2026 with the High Court Division. On 28 September, the High Court issued a status quo order, once again putting the development work in uncertainty.

The state, the Ministry of Railways, the deputy commissioner and the settlement officer then filed Civil Miscellaneous Petition No 994 of 2026 with the Appellate Division, challenging the High Court order.

The hearing took place this afternoon after special permission was obtained from the vacation judge. Following the hearing, the chamber court lifted the status quo order, Kazal said.