LeftNavigation
  Home  
  General Job Description  
  Specific Job Descriptions  
  Strategy  
  Operational Plan  
  Rules and Regulations  
  Operational Procedures  
  Databases  
  Active Tenders  
  Online Documents  
  RHD News  
  Search  

 

 

RHD Operational Procedure Management Services Wing
 
MIS and Estates - Estates Division
 
OP/ME/5.3 - Eviction from RHD Land
 
Purpose and Scope :

This procedure describes the procedures of Eviction from RHD Land or right of ways occupied or encroached by unauthorised occupants, villagers, adjoining and distant residents or speculative businessmen to gain illegal benefits therefrom. The main purpose of Eviction from RHD Land is to keep the right of ways of RHD free from unauthorised occupants and encroachments and make RHD roads safe and free movement of traffic and transports.

The scope of eviction and evacuation from RHD pre-acquisition land areas is always open. Any day RHD can take necessary steps for Eviction from RHD land. In case of eviction from RHD land motivational approach works much well than police power.
 
Definitions :

Eviction - is of 3 categories practised by RHD.

Eviction of the legal owners and their movable and immovable structures - (dwelling, commercial, business, industrial, community use infrastructures), trees and other properties and belongings from newly acquisition land (NLA) to be used for constructing RHD right of ways (RoWs) or any infrastructures of RHD. DC serves several notices to these people who are Awardees. And DC pays compensations for their losses as per LA Ordinance. Awardees are suppose to evacuate the land after issuance of LA Notice u/s 7. If any resistance or disobey of Govt order, DC goes for Eviction applying laws, Police or Magistracy powers. DC pays compensation to the Awardees as per rules and entitlement of losses.

Eviction of the illegal occupants-users (IOUs) - and their movable and immovable structures (living, commercial, business, industrial, social, etc), trees and other properties and belongings from RHD previously acquisition land (PLA) to be used for constructing RoWs or other infrastructures of RHD. DC never pays compensation to IOUs for their losses.

Eviction from RHD existing RoWs - for keeping the road safe for free traffic movement and encroachments barriers by applying Police forces and Magistracy powers against the illegal occupants-users and encroaches by removing their shops or movable and immovable structures from RHD land or RoWs. DC never pays compensation to IOUs for their losses.

Eviction from Encroachment - it is a process of termination something-illegal entrances or intrusions with homestead and business structures and shops from the carriageway of RHD. Encroachment narrow down the road width causes frequent accidents. DC never ever pays compensation to IOUs for their losses.

Removal - means relocate or shift the structures, trees, etc from the RHD land or RoWs either previously or newly acquisition areas.

Land Acquisition - means taking over the possession of privately owned land by the Govt to implement any or multiple purposes for the interest of the public or defence benefits as when necessary.

The owners of the land are called Awardees when the owners are being LA Notified under section (u/s) 3, rule 4(2) to u/s 7(3) following the Acquisition and Requisition of Immovable Property Ordinance, 1982 with subsequent amendments in 1993 and 1994.
 
Responsibility :

Additional Chief Engineer - Management Services Wing (ACE-MSW) - ACE-MSW is has administrative responsibility for reviewing over all implementation of eviction from RHD land.

Superintending Engineer - MIS & Estates Circle - The post holder has administrative responsibility for over all monitoring of eviction from RHD land.

Executive Engineer - Estates Division - Monitor eviction from RHD land; advice and assistance in case of encroachment into RHD land and properties.

Executive Engineer - Field Division - The Executive Engineer (EE) is key person to evict the people, dwellers together with their structures of any kinds, tree, crops, etc from LA plan areas, old LA areas or from existing RoWs or land of RHD.

S/he will arrange everything with assistance of subordinate officers and staff and in consultation and direction of superior officers.

The post holder is responsible for keeping close contract with Deputy Commissioner (DC), District Magistrate, Land Acquisition Officer (LAO) and other staff of LA Section, etc.

Responsible for keeping close contract with Superintendent of Police, Assistant Commissioner (Police), OC (Officer-in Charge of Police Station) for getting the assistance at the time of evicting them from LA areas or RoWs.

S/he is responsible for taking over the possession of evacuated land from DC officially.

EE is responsible for informing SE, ACE and CE of RHD.

EE will engage concern SDE, AE, SAE and others evicting the land and RoWs.
 
Method :

4.1 IN CASE OF PREVIOUSLY ACQUIRED LAND (EXISTING RHD ESTATE)

The concern field officers (SO/SAE, AE, SDE) will locate and identify the nature, volume and categories of homestead structures, shops, trees, etc are to evict form the concern RHD land already demarcated by Deputy Commissioner (DC) or LAO for RHD.

SDE will serve eviction notice to illegal Occupant-Users (IOUs) to vacate the land or remove from RHD areas or shift their structures, shops, etc from RoWs and advice not encroaches upon RHD land and right of ways.

If they IOUs and encroaches do not vacate land or remove their structures or shops from existing roads or pre-LA areas in due time, EE will go for legal actions. That means, EE will request DC for engaging Magistrate along with sufficient armed police forces to evict the IOUs by force.

SDE will arrange necessary labour and Boll Dossier and Excavator/pay loader to remove or destroy the structures on the RoWs and RHD land areas.

4.2 IN CASE OF NEW LAND ACQUISITION (NEW ROAD ALIGNMENT/DEVELOPMENT)

Both the Illegal Occupant-Users (IOUs) and Legal owner-Users (LOUs) or Awardees are given eviction notice affixing the deadline of vacating the said land beforehand.

If they (IOUs and LOUs) do not vacate land in due time, DC will go for legal actions. That means, DC will pass on an office order to Special Land Acquisition Officer and, Assistant Commissioner of Land to evict the people and their structures and trees from the newly LA areas by force.

DC handed over to EE of RHD officially and physically the vacate land by evicting all people and their structures and up-rooting or cutting trees and crops from the LA areas then and there.
 
References :

1 Land Acquisition OP/ME/6.1 and Removal of Encroachments OP/ZF/3.7

2 Discussion Paper on Land Acquisition and Resettlement Guidelines for RHD (Draft), CIDC3, August 2003.

3 Laws Regulating Environment in Bangladesh, M Farooque & SR Hasan, BELA, December 1996.

4 Bangladesh Gazette, Extraordinary, Ministry of Law, Land Administration and Land Reforms, The Acquisition and Requisition of Immovable Property Ordinance, 1982, issued on 13 April 1982.

5 Bangladesh Gazette, Extraordinary, Bangladesh National Assembly, The Acquisition and Requisition of Immovable Property (Amendment) Act, 1994, issued on 1 December 1994.
 
Procedure Flowchart :

The procedure flowchart for this procedure is detailed in below.
 


 


 

 

For duties associated with each grade of personnel see

 

Updated on : 1/1/2004

Footer