THERE has been a rapid growth in construction because of urbanisation and real estate development. The lack of duty of care, negligence and weak supervision by Rajdhani Unnayan Kartripakkha have, however, led to accidents such as building collapses and structural failure. Unfortunately, there is no codified statute that establishes and comprehensively governs the law of torts and related civil liabilities although some statues tacitly address issues regarding tort laws in both civil and criminal aspects.
There are tons of cases and complaints filed against Rajuk every day concerning negligence and lack of responsibility towards citizens. Only 7–8 per cent of buildings in Dhaka city have occupancy certificates and Rajuk did not take any steps in this regard. In April 2013, an incident occurred at Savar after the Rana Plaza building collapse, because of the negligence of Rajuk, which left 1,136 people dead. The building code was violated during the construction which caused the destruction.
The landmark case of CCB Foundation v the government of Bangladesh, created widespread awareness after four-year-old boy Jihad had fallen into a deep shaft and died. The High Court ordered the Bangladesh Railway and the Bangladesh Fire Service and Civil Defence to compensate Tk 10 lakh each to the parents of Jihad because the shaft was 16 inch wide and more than hundred feet deep and it was left unattended with negligence.
There are hundred more incidents that reflect the negligence and lack of duty of care during the building construction. On July 21, 2025, a aviation disaster took place after an Air Force training aircraft had crashed into Milestone College a Diabari of Uttara, causing casualties among which most of the victims were primary schoolchildren attending classes.
Investigation says that there remained a ‘strict liability,’ as established in the case of Rylands v Fletcher, because the activity here imposed a serious risk of injury. The authorities should still be liable for allowing the training of aircraft over a densely populated area and setting up a school so close to the runway of an international airport, directly in aircraft flight path.
The recurring failure to ensure public safety in urban infrastructure was further reflected in the Bailey Road fire incident on February 29, 2024 which killed 46 people. Rajuk came under criticism and was accused of negligence as the building reportedly hosted restaurants despite being approved for commercial use, raising concerns over improper monitoring and enforcement of building regulations.
Rajuk has, however, shifted liabilities onto the Dhaka South City Corporation while Fire Service and Civil Defence authorities were also questioned for issuing clearances without proper structural review of Rajuk. Years ago, after the Banani FR tower Fire incident in 2019, Rajuk made a survey where it was found that there were4 1818 high rises in Rajuk areas and 84 per cent of them were constructed without designs.
Such repeated incidents expose systemic weaknesses in construction regulatory framework. Despite frequent accidents caused by negligence and lack of duty of care, tortious liability remains underdeveloped in practice. The legal system continues to rely heavily on the contract law, faces difficulties in proving negligence and suffers from weak enforcement and limited access to civil remedies.
Construction negligence has also resulted in fatal accidents involving ordinary pedestrians and commuters. In one incident, a 40-year-old man died after an iron rod had fallen from an under-construction building on the head in at Gulshan 1 when he was standing by the road. Similar negligence was observed in the 2022 Uttara girder collapse incident, where a girder fell onto a car, killing five people on the spot. Investigation reports revealed several acts of negligence, including the absence of a valid licence for the crane operator, failure to consider public holidays and traffic conditions and the operation of heavy construction equipment over a busy highway during the day etc.
The planning of Rajuk is highly criticised because it does not follow its own regulations while allowing owners to establish buildings which are of high risk in a densely populated city such as Dhaka. A 5.7 magnitude earthquake hit Bangladesh on November 21, 2025 that killed at least 10 people in building collapses in Dhaka.
The authorities avoid their negligence and responsibility during any casualties. One of the reasons for the irresponsible behaviour of Rajuk is the weak law enforcement. A 2007 report says that more than 90 per cent buildings of Dhaka city violated the Building Construction Act 1995 regarding the mandatory limitations of heights of buildings.
What is the way out? A separate research and monitoring cell should be set up to observe the illegal development growth and capacity of Rajuk. Lawmakers should establish tort Laws by defining construction negligence, strict liability and liabilities of developers and regulators, to address the incidents of tortious liabilities. The enforcement of regulations should be done so that the punishment can be ensured against the negligence and victims can get compensations. Specialised construction tribunals might be set up for speedy trials and fast-track dispute resolutions. Judicial training in tort law can be introduced by adopting comparisons from other countries.
The rapid population growth and unplanned urbanisation have increased disaster risks. Rajuk, city corporations and other authorities are often held responsible for negligence and weak regulatory enforcement. It has been reported that almost three out of four structures in Dhaka have been made unlawfully and are susceptible to earthquake, fires and other hazards.
Weak enforcement of tort principles, including strict liability and administrative accountability, further contributes to recurring accidents and casualties. Construction and development projects should, therefore, be carried out with strict regulatory compliance and effective oversight, prioritising the protection of human life.
Nusiba Hasan Ohee is a student of law in the Bangladesh University of Professionals.
