Compulsory Purchase procedure in Bangladesh

Abstract: Government authority can, for public benefit purpose, take private ownership of land by compulsory purchase. Primary aim of this study is how to protect private land owners rights in spite of governments power of acquiring land. Bangladesh, as for details study, is a most densely populated country in the World. International best standards of practicing guidelines by FAO-UN, FIG and WB as well as other countries practice have reviewed from different perspectives. From theory, early stage negotiations, market value of property plus other damages, opportunity of involvement of all parties, protection of agricultural land , removal services all of those are the thorny of legal challenges to adopt into a new legislation in Bangladesh. Empirically, field study has conducted by way of interviewing from selected different projects in Bangladesh including largest project Padma Multiple Bridge. Huge destitute of land, unplanned city expansion, unsustainable development of infrastructure and environmental damage are remained as significant issues of sustainable development of land management. Analysis shows that Bangladesh has been losing 1% of agriculture land which related to the national employment and food production. 100% of the affected people wants to resettlement by the authority. There is clearly misusing of legal rights by the government authority: firstly, by using inequitable Acquisition and Requisition of Immovable Property Ordinance, 1982; no protection has been giving for religious place and graveyard under Antiquities Act, and Article 42(2) of Constitution also imposing unfair curtailment of rights for getting fair compensation. Finally, some recommendations have given for enacting a new legislation including planning permission, extended notice period, public meeting and review, agricultural land exempted, resettlement, valuation by valuers, in time compensation payment and right to Appeal.