Compulsory Purchase procedure in Bangladesh

University essay from KTH/Fastigheter och byggande

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.

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