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RHD Operational Procedure Zonal Operation Wing
 
Zonal Operations
 
OP/ZF/1.3 - Land Acquisition Estimates
 
Purpose and Scope :

This procedure describes the process of preparing land acquisition estimates and getting approval. This is required to be done well ahead of starting construction of road project, as the formalities involved takes time. The purpose is to get the estimate prepared by the Deputy Commissioner to get approval of RHD/MoC and then to place fund with the Deputy Commissioner to get possession of the acquired land. The possession of vacant land is essential for construction of a road project and as such the process is a step towards that end.
 
Definitions :

RHD Committee of Purchase (RHDCOP) - a standing committee in RHD to advise the CE-RHD in matters of disposal of RHD contracts prior to the stage of award of contract. The committee is approved by the MoC.

Div Cop - means Divisional Committee on procurement. This is a committee of the MoC where CE is one of the members, which scrutinizes a procurement proposal for approval of MoC or for recommending to ECNEC.

DLAC - means District Land Allocation Committee. This committee scrutinizes any proposal of land acquisition within a district out side Dhaka and clears the proposal for acquisition. For any land acquisition in any district, it is a pre-requisite to obtain clearance of DLAC.

CLAC - means the Central Land Acquisition Committee headed by the Land Minister. This committee scrutinizes any land acquisition proposal within Dhaka (22 thanas) and clears the proposal for land acquisition. For land acquisition in Dhaka clearance of CLAC is a pre-requisite.

RAJUK - means Rajdhani Unnayon Kortripokko. It is a development authority for the improvement of Dhaka. It scrutinizes all Land Acquisition proposal to see if they interfere with any development project of RAJUK in Dhaka or hinder future development of Dhaka. For any land acquisition in Dhaka, it is a pre-requisite to get clearance from RAJUK.

ECNEC - means Executive Committee for National Economic Council. This is the highest National Body to approve procurement proposals.

MoC - means Ministry of Communications.

DC - means Deputy Commissioner of district.

TPD - means Town Planning Department. It is a Govt. department, which scrutinizes Land acquisition proposal within Dhaka to see if it interferes with or hinders development of Dhaka.

ADP - means Annual Development Programme.

PP - means Project Proforma.
 
Responsibility :

For implementation of any Project (included in ADP/PP) the proposal for land acquisition required is prepared by the Executive Engineer. He processes it through his SE, ACE and CE (EE-Land Records & Acquisition Division) to get Administrative approval of the Ministry. When he gets the administrative approval, he takes necessary clearance of DLAC/CLAC/RAJUK/TPD according to specific requirement of the Project. Then, he submits the LA proposal to DC for submitting estimate for the land acquisition. When he receives LA estimate from DC, he processes it through SE/ACE/CE (EE Land Records & Acquisition Division) to get approval according to Govt. rules. DC, in association with RHD and PWD jointly conduct a joint verification survey, making an inventory of affected structures and other compensation- worthy properties. DC and PWD jointly do the LA cost estimates exercises. Once he gets the approval of the estimate, he places fund to DC, gets possession of the land and demarcates it for execution of the construction of the project.

DC is responsible to acquire land for any organization. He takes measures to acquire land when he receives proposals duly approved by the concerned Ministry and cleared by DLAC/CLAC/RAJUK/TPD. He prepares estimate for the acquisition according to Govt. rules. When he receives approval of the estimate and the fund, he takes steps to acquire the land, hands it over to the requiring body and makes Gazette Notification for change of ownership of the land.
 
Method :

4.1 EE PREPARES PROPOSAL FOR LAND ACQUISITION WITH PLANS, STATEMENTS AND SEEKS

Administrative approval for the proposal from the MoC through his SE.

The EE prepares proposal for land acquisition in prescribed format, for approved project included in approved programme. The land plan is made in Mouza Maps collected from DCs offices, clearly indicating the areas to be acquired and the total land areas for each proposal. The statement of plots to be acquired in part or in full with area of each plot and the total area is made in a prescribed form stating the purpose of acquisition. He submits the proposal to his SE for seeking administrative approval of MoC. The proposal is supported by papers showing that the project is included in approved PP and annual programme and budget allocation is available.

4.2 THE SE RECEIVES THE LAND ACQUISITION PROPOSAL FROM EE AND FORWARDS THE SAME TO HIGHER AUTHORITY FOR OBTAINING ADMINISTRATIVE APPROVAL FROM MOC

As soon as he receives the approval, he communicates the approval with all papers and proposal to EE for further necessary action. (The proposal is processed by ACE who forwards it to CE (EE-Land Records & Acquisition Division) with recommendations; the CE (EE-Land Records & Acquisition Division) gets it processed through RHDs Cop and forwards to MoC for approval. The MoC approves and returns to CE (EE-Land Records & Acquisition Division) who returns the same to EE through his SE).

4.3 THE EE RECEIVES THE ADMINISTRATIVE APPROVAL OF THE MINISTRY AND TAKES STEPS TO GET CLEARANCE OF APPROPRIATE AUTHORITY.

The EE receives the Administrative approval of MoC for the proposed land acquisition through his SE and takes appropriate steps as follows to get clearance for the proposed land acquisition:

If the land is within Dhaka (22 thanas), he takes clearance from RAJUK and Town Planning Department and the Central Land Acquisition Committee (CLAC).

If, however the land is outside Dhaka, he takes clearance from District Land Allocation Committee (DLAC). On getting clearance from the appropriate authority, the EE sends the proposal to DC with all approval and clearance to prepare estimate for acquisition of land.

4.4 THE DC RECEIVES THE LAND ACQUISITION PROPOSAL FROM EE AND PREPARES THE ESTIMATE OBSERVING NECESSARY FORMALITIES.

The DC receives the land acquisition proposal from EE with all supporting documents, approvals and clearance. He takes steps to prepare the estimate through his staff, observing all required formalities. He checks maps and papers to see whether there is any graveyard, mosques, temples, khas land etc on the proposed land. He issues LA notice under section 3, to the land owners, makes Joint Verification Survey with EE RHD or his nominee and PWD and makes assessment of costs for land, structures, trees, standing crop etc. After the assessment of cost, DC/LAO prepares the estimates and submits to EE for approval of the estimate and placing fund for the acquisition. The DC also serves acquisition notice on the landowners.

4.5 THE EE RECEIVES THE ESTIMATE FOR LAND ACQUISITION FROM THE DC AND VERIFIES.

The EE receives the estimate for land acquisition from the DC and verifies it, assisted by his AEs, SDEs SAEs and Surveyors. If he finds that the estimate is OK, he processes it through his SE for getting approval from the appropriate authority according to financial rules. If he finds that there are errors or anomalies in the estimate, he returns the same to DC for further scrutiny and return of the estimate after doing the needful. On getting the estimate from DC, he verifies and forwards the same to his SE for obtaining approval from the appropriate authority. The EE has no power to approve land acquisition estimate. SE, ACE and CE have some powers according to rules. For estimates beyond the powers of CE, MoC is to be approached very often for approval of Land Acquisition estimate.

4.6 THE SE RECEIVES THE ESTIMATE FROM HIS EE, VERIFIES AND APPROVES IF WITHIN HIS POWERS, IF NOT, GETS THE ESTIMATE APPROVED THROUGH APPROPRIATE HIGHER AUTHORITIES AND RETURNS TO EE

The SE receives the estimate from his EE, verifies and approves it, if it is within his financial powers, if not, gets the estimate approved through appropriate higher authority and returns to EE for necessary action to place fund to DC for the land acquisition. (If the estimated cost is beyond SEs financial powers, he forwards it to ACE who may approve it if it is within his powers, if not, forwards to CE (EE-Land Records & Acquisition Division) for approval. The CE may approve if it is within his financial powers, if not, forwards it to MoC through RHDs Cop for approval. The MoC approves the estimate through Div Cop and returns to CE (EE-Land Records & Acquisition Division) for taking necessary action. The CE (EE-Land Records & Acquisition Division) returns the approved estimate to EE through ACE and SE).

4.7 THE EE RECEIVES THE APPROVED ESTIMATE AND PLACES FUND TO DC TO ACQUIRE THE LAND

The EE receives the approved LA estimates from his SE, duly approved by competent authority according to Govt. rules. He places fund at the disposal of DC according to the approved estimate to acquire the proposed land, and for paying compensation to the land owners/Awardees.

4.8 THE DC RECEIVES FUND FOR THE PROPOSED LAND ACQUISITION AND TAKES STEPS TO PAY COMPENSATION TO THE LAND OWNERS AND HANDS OVER THE LAND TO EE

The DC receives the fund for the proposed land acquisition from EE and takes steps to pay compensation to the landowners according to the award statement prepared by his office. After starting payment of compensation, possession of land is handed over to EE and Gazette Notification is made by DC to declare the change of ownership of the land. Payment of compensation to Awardees continues until completion of claims. If additional fund is required for claims under dispute, RHD has to place additional fund to DC.

4.9 THE EE GETS POSSESSION OF THE LAND FROM DC, TAKES OVER AND DEMARCATES THE ACQUIRED AREA FOR USE.

The EE gets possession of the land from DC through a possession certificate and physical hand over in the field. He takes over the possession of land thus handed over and takes measures to demarcate the land without delay for using the land for road construction.
 
References :

OP/ME/6.1 Land Acquisition

RHD Management Plan - Volume 1 and Volume 7

Annex No. 3 of Draft Discussion Paper on Land Acquisition and Re-settlement Guidelines for RHD (9 Sept. 2003)
 
Procedure Flowchart :

The procedure flowchart for this procedure is detailed below -
 


 


 

 

For duties associated with each grade of personnel see

 

Updated on : 1/12/2003

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