BANGABANDHU SHEIKH MUJIBUR RAHMAN

SCIENCE & TECHNOLOGY UNIVERSITY

GOPALGANJ- 8100

AN ASSIGNMENT ON
Land Acquisition Process in Bangladesh

Course Code :221

Course Title :Land Laws of Bangladesh.
Submitted by Submitted to

Name :Hridoy Mia Suraia Jebin

Student ID : 18Law 53 Assistant professor
Semester : 2nd year 2nd semester. Department of Law
Year : 2021 BSMRSTU
Session : 2018-2019
Department of Law
BSMRSTU

Date of submission: 10-08-2021

Introduction:
In modern time, infrastructural developments are growing up day by day. For infrastructural
developments, the main ingredient is land. But, if we look upon the present situation of the
owner of the land specially those who are farmers, they suffer a sorrowful situation because
of acquisition of land. Article-42 of our Constitution provides the fundamental right for right
to Property, Article-42(1) provides some privileges but 42(2) impose some of the restrictions.
Acquisition of the private land by the government for the public purpose is the first condition
for infrastructural development. The acquisition of private land has to be done by following
rules set in relevant laws. However, in practice the scenario is quite different as various
irregularities are happening in the process. This study attempts to find out the dissimilarities
between law and practice in this regard.

We don’t forget the condition of the farmer or the owner of the land whose land is acquired.
On the other side if we look upon the process of land Acquisition in Bangladesh, then, we see
the real scenario of it. The owner of the land doesn’t get the proper compensation for the
land. And some of the bureaucratic problems are also available here.

Acquisition and Requisition of immoveable Property:

For the purpose or the interest of the public, the Government can acquire other’s property by
paying compensation. It may be for the temporary or permanent basis. If it is taken over for
permanently but afterward if it is not used, the government does not bind to return it.
However, lands used for graveyards, places of cremation, religious or educational instructions
are usually not taken over.

On the basis of duration, taking over is of two kinds

(a) Acquisition and

(b) Requisition.

Acquisition of Land in Bangladesh:

Government, non-government or semi-government private agencies or departments carry out
development works for the purpose or interest of public. Development works may be carried
out in their own lands or in lands taken over by the government with due compliance of some
definite processes or rules. This process is generally called as acquisition of land.
Development works are generally permanent nature and are carried out directly or indirectly
on or over the land which is taken over by way of acquisition. the newly enactment Act, The
Acquisition and Requisition of Immovable property Act, 2017, Section 2(1) defines the term
as follows:

“Acquisition means acquiring the ownership and possession of any immovable property for
any requiring person or organization in exchange for compensation or rehabilitation or both.”

Acquisition procedure Under the Acquisition and requisition of

immoveable Property Act,2017:

The purpose of an acquisition and requisition law is to empower the acquiring authority to
acquire land only for a public purpose affecting proprietary right of citizens. Article 42(1) of
our Constitution states subject to any restrictions imposed by law, every citizen shall have the
right to acquire, hold, transfer or otherwise dispose of property, and no property shall be
compulsorily acquired, nationalized or requisitioned save by authority of law.’ The idea of
this provision is that a citizen shall not be deprived of his land otherwise than in accordance
with law and if he is deprived of for public purposes, compensation at the market rate is given
to him. No beneficial object of the acquisition can exonerate the government from the
restrictions imposed by law and payment of compensation at the market rate. Further, the law
is required to be expounded liberally in favor of the citizen whose land is acquired and
strictly against the Government. When constitutional rights of an exceptional character have
been created the conditions prescribed by the statute for exercise of such rights should be
strictly fulfilled.

However, once compensation has been paid there remains no right in any person to get back
the land acquired. Property validly acquired and vested in the requiring body cannot be
claimed by the original acquisition.
 In 2017, the parliament of Bangladesh has passed the Acquisition and Requisition of
Immovable property Act, 2017. This is basically an update of the Acquisition and Requisition
of Immovable Property Ordinance-1982.

Shamsur Rahman Sherif, Land Minister, on 10 July, 2017 introduced the Acquisition and
Requisition of Immovable Property Bill, 2017” in the Parliament. The bill has annulled of the
Acquisition and Requisition of Immovable Property Ordinance, 1982 for updating provisions
of newly enacted law. The land minister told parliament that the present law lacked the
provisions of providing a justifiable return to the people affected by the acquisition.

The new law states that lands of worship can also be acquired now only if it is indispensable
in public interest. The bill proposes increasing compensation of the affected people as the
previous law lacked the provisions. The new law provides for an additional 200 percent
compensation on the market rate if any land is acquired for the government project and the
compensation will be an additional 300 percent if the land is for any non-governmental
organization. It also provides for the appointment of joint district judge level officials as the
arbitrator in this type of cases. But the appeal, if there is any, will be heard by district judge
level officials.

It is necessary to mention that under section 50 of newly enacted Act any act done or any
measure taken under the foregoing Ordinance shall be deemed to be done under this Act.
Further, all notices, notifications, orders, compensation or award made under the previous
ordinance shall be deemed to be made under this Act, and all applications and appeals
pending before any authority, Arbitrator or Arbitration Appellate tribunal under the previous
ordinance shall be continued as if this Act had not been promulgated.

Land Allocation Committee:

Before the Act of 2017, the authority of the Ordinance of 1982, there were two levels or land
allocation committee dealing with the acquisition of land, namely, the upper Land Allocation
Committee and the lower Land Allocation Committee. Any rule or manual has been gazetted
after the newly enactment Act. So, it can be said that when there is no conflict between the
new Act and the previous rule or manual, the previous rule can be followed until there is a
new gazette notification from the Government.

The upper Land Allocation Committee is at the national level and consists of 22 members
headed by the Minister of Land. The lower Land Allocation committee is at the district level
and consists of 10 members headed by the Deputy Commissioner. The areas included within
the jurisdiction of the upper Land Allocation Committee are: City Corporation of Dhaka and
its vicinity, City Corporations of Chittagong, Rajshahi, Khulna, Barisal, Sylhet, Rangpur,
Narayaganj and Comilla.

Without those areas, all areas of each district are included within the jurisdiction of the
District Land Allocation Committee.

The acquisition law gives the Deputy Commissioner power to acquire property situate either
in the central zone or in district zone in two likely situations. At first, if the property is needed
and secondly, if the property is likely to be needed. A property is either needed or it is likely
to be needed for public purpose or public interest, but while acquiring a property the Deputy
Commissioner cannot keep both the alternatives in his pocket. He has to choose between the
two, if he keeps both the options open, then he does not know whether the property is needed
for immediate use or it likely to be needed for some future use. The use of both these
alternative ways in the notice under section 3 [of the 1982 ordinance] is indicative of a lack
of application of mind and the notice under section 4 is liable to be struck down on that
ground as well.

When any action is taken or proceeding is initiated with mala fide intention without
formation of any opinion as to the purpose of the acquisition the entire proceeding should be
vitiated and, as such, the acquisition proceedings should be declared to be without any lawful
authority.

Application for Acquisition:

According to 1982 Ordinance, a person or organization has to apply to the Ministry of Land
for land situated within the jurisdiction of the upper Land Allocation Committee or to the
Deputy Commissioner concerned for land situated within the jurisdiction of the District Land
Allocation Committee. or the acquisition proposal of the requiring organization whether
government semi government of autonomous, five copies of the following documents have
to be submitted:

- Approval from the concerned ministry

- Requirement Certificate

- Layout plan

- Alignment shown in red ink

- Schedule of land

- plot numbers of the proposed land

- No objection Certificate from the City corporation (If applicable)

- Letter covering allocation of the budget for acquiring

- Old establishment would be surrendered if acquisition take place for new establishmen

- Letter detailing the works

For the Acquisition proposal of the non-government requiring body or organization, five
copes of the following documents have to submit:

Letter covering objective of the proposed project, source of its fund and undertaking of the
financial institution funding

- Minimum Requirement Certificate

- Layout plan

- Alignment shown in red ink

- Agreement with the government in Form-G on Non-Judicial Stamp of TK 150

- Plot numbers of the proposed land

- No Objection Certificate from the City Corporation where applicable

Letter detailing the project.

Proceedings of Land Acquisition in Bangladesh:

If the proposal of acquisition is from the governmental, semi-governmental or autonomous

body and passes all the tests, the Deputy Commissioner will start acquisition proceedings.
However, section 4(2) of the newly enactment Act provides that in case of acquisition of
immovable property for any non-governmental person or organization whatever be the
quantity, prior sanction of the government must be taken before the starting of the acquisition
proceedings.

The proposal of the requiring body or organization, be it governmental or any non-

governmental person or organization, approved by the upper or lower Land Allocation
Committee or by the Ministry of Land wherever application has to be entered in the register
separate with a separate file for each proposal with number/s. Under section 4(1) of the Act
of 2017 a preliminary notice has to be published at the well-known places on or near the
property proposed to be acquired.

The Deputy Commissioner, under sub section (1), before the serving of notice, in the
prescribed manner and form, shall record the real nature, condition and infrastructures built
therein, crops and trees of the proposed immovable property in video or still picture or any
other technology and thereafter prepare a report accordingly. This statutory provision has
actually covered the previous proactive of forming the land allocation committee, application
to the Committee and field verification.
After the serving of notice, in the prescribed manner and form, the Deputy Commissioner
shall prepare a joint list of requiring persons of organizations and persons interested. If the
nature of land is changed in reality from its recent record of right, the Deputy Commissioner,
at the time of preparation of the joint list, shall decide about the change of the nature of the
land. The Deputy Commissioner shall mention in the joint list, in the prescribed manner, if
any house or infrastructure in built or is being built in the proposed immovable property for
acquisition, in contravention of public purpose for illegal gain.

The term purpose for obstructing the implementation of section means of purpose for
obstructing the implementation of the project, creating hindrance or doing anything that
retards the implementation of a project or doing something to get monetary benefit by
compensation.[1]

The list prepared sub-section 3(b) of this Act shall be affixed in the notice board of the local
land office and in the convenient place of the project. The Deputy Commissioner shall not
record the change of the nature of land in the joint list, if after the initiation of proceeding
under sub-section 3 (a), the nature of the land is changed by building houses or infrastructures
in bad motive.[2]

Previously under the 1982 Ordinance and the Rules framed there from, within 3 days of
serving the notice, the representatives of the Deputy Commissioner and the requiring body or
organization require starting the field verification and preparing field verification book with
the following columns:

- Serial. No.

- Plot No.

- Class

- Amount of the Land

- Name of the Owner

- Particulars and Numbers of the Houses

- Particulars of the Ponds

- Particulars of the Trees

- Particulars of the Crops

- Particulars of the Standing Crops

- Other important information

- Important Remarks.

Section 10(f) of the Act says that after serving the notice any alteration or improvement in, or
disposal of, the property to be acquired, made or affected is of no effect.

If any person is not satisfied by the decision of the Deputy Commissioner under 4(7) of the
Act, he may apply to the Commissioner within the next 7 working days. The Commissioner,
in the prescribed manner, shall hear the hearing under subsection 8 and shall provide with the
decision within next 15 working days and in case of a important project, shall provide with
the decision within the next 10 working days. The decision of the Commissioner under sub-
section 9 shall be deemed to be final.

If there is any disposal of dispute under sub-section 9 or no appeal is preferred within the
prescribed period in sub-section 8, within the next 24 hours, the concerned persons shall in
his own cost remove the houses or infrastructures from the proposed immovable property,
otherwise the Deputy Commissioner shall take steps to eradicate those in accordance with the
concerned of law.

The Deputy Commissioner may, after choosing the place for important project, by order,
impose restrictions over the sale of plots and building of infrastructures thereon. Mainly
religious places, graves or crematoriums cannot be taken into acquisition. However, if it is
essential in public purpose or public interest, by relocating and rebuilding, in the own money
of the requiring persons or organizations, it may be taken into acquisition.

Under section 5(1) of this Act, Any person concerned may file an objection against the
acquisition proceeding to the Deputy Commissioner within 15 working days. The Deputy
Commissioner shall, under section 5(2), speedily hear the objection filed in the presence of
the appellant or an agent, after hearing all such objections and after making such further
inquiry, if any, as he thinks necessary, prepare a report within-thirty working days, and in
case of a nationally important project within 15 working days, following the expiry of the
period specified under sub-section (1) containing his opinion on the objections.

Under section 5(3) the Deputy Commissioner-

(a) If the property exceeds 50 [fifty] standard bighas (or 16.5 acre) of land, shall submit the
record of the proceedings held by him, together with his opinion, for the decision of the
Ministry of Land; and

(b) If the property does not exceed 50 [fifty] standard bighas (or 16.5 acre) of land, shall
submit the record of the proceedings held by him, together with his opinion, for the decision
of the Commissioner:

If no objection is raised within the period specified in sub-section (1), the Deputy
Commissioner shall, instead of submitting the records of the proceedings to the Divisional
Commissioner, make a decision within ten days of the expiry of the aforesaid period, or
within such further period but not exceeding thirty days, as the Divisional Commissioner
orders to Deputy Commissioner in writing and in case of a nationally important project
within 15 days, about the acquisition of the property and such decision of the Deputy
Commissioner shall be final.

In addition, at the time of proceeding, the Deputy Commissioner or his representative will
make sure whether the alternative venue if chosen will not hamper the proposed project and if
he thinks necessary, he will make further enquiry or verification and prepare a report
containing his opinion on the objections.

The Government will, on receiving the record of the proceedings along with the report
submitted by the Deputy Commissioner, within next 60 days, and the Commissioner will, on
receiving the record of the proceedings along with the report submitted by the Deputy
Commissioner, within next 15 days, make a final decision about the acquisition of the
property and return the proceedings to the Deputy Commissioner.

When the Government, the Divisional Commissioner or the Deputy Commissioner makes a
decision about the acquisition of the property, such decision made therein shall be conclusive
evidence that the property is needed for a public purpose or in the public interest.

Compensation for Acquisitionin:

Compensation awarded under this Part, take measures to give to pay the According section
11 of this section, the Deputy Commissioner shall, before taking possession of the property,
pay the compensation awarded by him to persons entitled thereto within sixty days from the
date of deposit by the requiring person.

If the persons entitled to compensation but do not consent to receive it, or if there be no
person competent to receive the compensation, or if there be any dispute as to the title to
receive the compensation or as to the apportionment of it, the Deputy Commissioner shall
keep the amount of the compensation in a deposit account in the Public Account of the
Republic which shall be deemed payment for the purpose of taking over possession of the
property without any prejudice to the claim of the parties to be determined by the Arbitrator.
Further, any person admitted to be interested may receive such payment under protest as to
the sufficiency of the amount. However, no person who has received the amount otherwise
than under protest shall be entitled to make any application under section 30. Deputy
Commissioner shall, realizing the compensation from the recipient, who may have received
the whole or any part of the same to the person lawfully entitled thereto. In addition, when
the property acquired contains standing crops cultivated by bargadar, such portion of the
compensation as may be determined by the Deputy Commissioner for the crops shall be paid
to the bargadar according to section12 of this Act.
Conclusion:

Acquisition of land by the government for public purpose is a well-known practice in all over
the world. Acquisition of private land is made for the purpose of establishment of public
institution, autonomous institution, educational institution and so on as the government
deems fit. The Acquisition and Requisition of Immovable Property Act, 2017 operates the
functions regarding land acquisition in Bangladesh. This Article finds that in most of the
acquisition, the rights of the land owner are violated and neglected. Practice is far different
and many important duties and responsibilities are not prescribed by this Act. The
Acquisition and Requisition of Immovable Property Act 2017 should be implemented
properly and effectively.

Case Reference:

•Kazi Bahauddin Vs Province of Bangladesh, 1961 HC 1005

•State of Kerala Vs Mariyamma, 1991 L.Q HC 3224
•Government of Bangladesh Vs Anwara Hug and orc 9 BLC (Ad) 205
•State of Bihar Vs Smt. Sharda Devi, 2019 PLJR 534
•Mozlema Khatun and Others Vs Bangladesh, 10 BLC 298
•Abdul Hafiz Vs Ashraf Ali, 1965 17 DLR 329
•Jibendra Kishore Vs Province of Bangladesh, 1957 9 DLR(SC)21
•Secretary M.A.S Madrasa Vs Province of Bangladesh, 1962 15 DLR 37
•Province of East Pakistan Vs Nawab Habibullah, 1966 18 DLR 729

Bibliography:
1. Land Laws of Bangladesh by Dr. L Kabir
2. Land Laws of Bangladesh by Najnin Hossain
3. The Acquisition and Requisition Act 2017
4. Land Law Acquisition Act 1894

5. Www.Lawyersnjurist.com.