Bangladesh’s Supreme Court on Sunday ordered a status quo on all construction activities within the boundaries of the ancient Mahasthangarh archaeological site in Bogura, while allowing the government to appeal a 2012 High Court ruling that restricted development at the historic location.

A four-member Appellate Division bench headed by Chief Justice Zubayer Rahman Chowdhury issued the order following a hearing. The bench also included Justices Mohammad Rezaul Haque, S M M Imdadul Haque and Farah Mahbub.

Attorney General Ruhul Quddus Kazal represented the government during the hearing, while senior lawyer Manzil Morshed appeared for Human Rights and Peace for Bangladesh (HRPB), which had filed the original public-interest petition.

The government argued that some basic facilities, including a prayer area and toilets for female visitors, are needed at the archaeological site. It sought permission to modify the earlier court order so that limited construction could take place for such facilities.

Opposing the request, Morshed argued that Mahasthangarh is an important archaeological and historical site and is currently included on UNESCO’s tentative list of World Heritage Sites. He warned that construction within the protected area could potentially affect its prospects for inclusion on the final World Heritage list.

He therefore asked the court to maintain the existing restrictions on construction while allowing the government to pursue its appeal.

The legal dispute dates back to 2010, when reports emerged of plans by the then shrine committee to undertake development work, including construction of a mosque, inside the archaeological site’s protected boundary. HRPB subsequently filed a public-interest petition seeking stronger measures to preserve Mahasthangarh.

Following the petition, the High Court formed a committee to investigate the matter and submit recommendations. The committee proposed constructing a mosque on the eastern side outside the protected area. After hearing the case, the High Court ordered a ban on development activities within the boundaries of Mahasthangarh in its 2012 judgment.

No significant construction activity took place inside the protected area for years. More recently, however, road construction was initiated after Tk 7.3 million was allocated for the project. The work was stopped by the district administration, after which an appeal against the earlier High Court ruling was filed.

The Ministry of Cultural Affairs and the director general of the Department of Archaeology subsequently expressed objections to the government’s appeal through letters to the Solicitor’s Office, with the dispute later receiving media attention.

The Supreme Court’s latest order means that no new construction can proceed within the archaeological site’s boundaries while the legal challenge remains pending.