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RHD Operational Procedure Management Services Wing
 
MIS and Estates - Land Records & Acquisition Division
 
OP/ME/6.1 - Land Acquisition
 
Purpose and Scope :

This procedure describes the procedures of Land Acquisition (LA), Compensation, Evacuation and Land hand over to Roads and Highways Department under the Ministry of Communications.

The main purpose of Land Acquisition is to implement road infrastructure development related works.

The scope of works opens when RHD gets necessary land as RHD planned. In order to materialised the plans and project LA becomes inevitable. LA follows some conventional procedures. RHD, DC and Awardees have to observe LA procedures to get the land as well as compensation. Awardees have to relocate structures from Land Acquisition areas and evacuate land and RHD starts implementing its Projects infrastructure construction activities.
 
Definitions :

Land Acquisition - means taking over the possession of privately owned land by the Govt to implement any or multiple purposes or 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.

CCL/CUL - DC pays CCL or CUL (Cash Compensation Under Laws) to Award holders against their affected properties due to LA by Acquiring Body (DC) for the requirement of Requiring Body (RHD).
 
Responsibility :

Additional Chief Engineer - Technical Services Wing (ACE-TSW) - ACE-TSW is responsible for signing the proposal submitted by concern SE-MIS & Estates Circle.

Responsible for over all reviewing and evaluating LA and Compensation payment implementation progress.

The post holder is responsible for keeping liaison with CE of RHD and Ministries.

Superintending Engineer - MIS & Estates Circle - The post holder is responsible for over all implementation of LA plan.

S/he will work as Chief Co-ordinator and monitor the project's LA related activities.

S/he is responsible for receiving approval Chief Engineer of RHD and the Ministry of Communications (MoC) and Ministry of Land.

Executive Engineer - Land Records & Acquisition Division - Process land acquisition proposal and estimates obtained from field offices and monitor those.

Executive Engineer - field Division - The Executive Engineer (EE) is key person to implement LA plan proposal preparation process.

The post holder is responsible for keeping close contract with Deputy Commissioner (DC), Land Acquisition Officer (LAO) and other Offices for LA.

Responsible for placing the requisite and additional funds to DC's Account on time for implementing LA proposal for RHD road network and infrastructures development purposes.

S/he is responsible for taking over the vacant possession of land from DC and handing over the site to the Construction Contractors.

EE is responsible for assisting DC when DC or his representative, LAO is evacuating LA areas.
 
Method :

1 Submission of Road infrastructure or network development TAPP and or PCP proposal preparation by RHD and submission the same to the concern Ministry for administrative approval.

2 Preparation of LA Plan along with Topographic Survey, Right -of Ways plan on Mauza Map, etc by RHD for submission to DC.

3 Approval from DLAC.

4 DC collects necessary Mauza Maps and verifies whether there is any graveyard, Mosque, Church, Temple, Khas land, etc on LA Plan sites.

5 LAO on behalf of DC together with EE, RHD assesses the losses of entitlements and makes an inventory of affected structures, trees, ponds, standing crops, etc by conducting JVS.

6 DC makes a Ward List.

7 LAO on behalf of DC issue primary LA Notice u/s 3 against each Award following the Acquisition and Requisition of Immovable Property Ordinance, 1982 with subsequent amendments in 1993 and 1994.

8 LA Notifications in Bangladesh Official Gazette u/s 11(2), rules 5.

9 Issuance of LA Notices u/s 6 and 7 to each Awardee.

10 LA Fund placement to DC by RHD u/s 7(4). If no fund on time by RHD to DC, any LA plans implementation u/s 12(1).

11 Shifting or removal of structures by PAPs and eviction or LA sites clearances by LAO.

12 DC takes over the possession of the land u/s 11(1) and hands over the same to RHD to Contractors for road, bridge or other infrastructure constructions on LA areas.

13 Execution of Deed of Transfer between DC and RHD u/s 15(2), Rule 7(2).

14 If objections or grievances and appeals to AAT (Arbitration Appellate Tribunal) by the Awardees for mitigation.

15 Decisions of AAT in favour of Awardees, additional fund for additional payment of Land prices.

16 RHD deposits to DC the additional money for payment of CCL or CUL to Awardees u/s 34 (a).

17 Make payment of CCL u/s 10.

18 Loss of entitlement grievances mitigation measures is also included in resettlement performances.

19 Submission of necessary legal Documents, Certificates, Photo and Deeds to LAO for receiving CCL from LA Section.

20 Payment of Treasury Cheques to Awardees after satisfaction of documents by LAO.

21 Lastly, en-cashing of the Cheques by Awardees.
 
References :

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

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

3 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.

4 Bangladesh Gazette, Extraordinary, Ministry of Law, Justice and Parliamentary Affairs, The Acquisition and Requisition of Immovable Property (Amendment) Ordinance, 1982, issued on 4 September 1993.

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

 


 


 

 

For duties associated with each grade of personnel see

 

Updated on : 1/1/2004

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