Land Acquisition in Bangladesh in 2025
Land law in Bangladesh encompasses the legal principles and frameworks governing ownership, transfer, acquisition, and resettlement involving immovable property. These laws are critical for managing land rights, particularly in a densely populated country like Bangladesh, where land disputes are common. This article delves into the key legislative and policy frameworks, focusing on the Acquisition and Requisition of Immovable Property Ordinance of 1982, resettlement policies, and the socio-economic impact of land-related laws, while contextualizing these with a holistic approach to international and local standards.
Legal Framework for Land Acquisition in Bangladesh
The Acquisition and Requisition of Immovable Property Ordinance of 1982 is the cornerstone legislation for land acquisition in Bangladesh. Amended multiple times, it provides the legal basis for acquiring land for public purposes, ensuring safeguards for landowners and stipulating fair compensation. However, several gaps and limitations exist:
- Exclusion of Non-Titled Persons: The law does not cover informal settlers, squatters, or tenants without documentation, leaving them vulnerable during land acquisition.
- Underestimation of Market Value: Compensation is determined based on the registered value of land transactions, which is often undervalued due to tax evasion practices.
- Lack of Resettlement Provisions: The law does not mandate resettlement assistance, transitional allowances, or livelihood restoration for displaced persons.
Process of Land Acquisition
The Deputy Commissioner (DC) oversees land acquisition, determining compensation based on the following criteria:
- Market Value Assessment: Compensation includes a 50% premium on the registered value but often falls short of the actual market value.
- Proof of Ownership: Landowners must produce a record of rights (RoR) under the State Acquisition and Tenancy Act of 1950, which may not always be updated.
The State Acquisition and Tenancy Act of 1950
This Act governs land ownership and tenancy in Bangladesh. Key features include:
- Ceiling on Land Ownership: Limits the amount of land a single individual can own.
- Rights of Sharecroppers: Protects tenant farmers, granting them specific rights and protection against eviction.
- Land Records: Establishes procedures for maintaining accurate land ownership records, critical for proving ownership during acquisition processes.
National Policies on Resettlement
To address gaps in the 1982 Ordinance, Bangladesh has developed national policies, with support from international agencies. Key principles include:
- Respect for Displaced Persons’ Rights: All displaced individuals, irrespective of legal title, should be treated with dignity and provided compensation.
- Livelihood Restoration: Displaced persons should have opportunities to restore or improve their pre-displacement living standards.
- Gender Equality: Policies emphasize gender equity throughout the resettlement process.
The Padma Multipurpose Bridge Project Land Acquisition Act of 2009
This Act was designed to address specific challenges in large infrastructure projects. Notable provisions include:
Resettlement Framework:
Mandates the preparation of Resettlement Action Plans (RAPs) for affected communities.International and Holistic Standards in Land Acquisition
Enhanced Compensation:
Acknowledges the gap between market value and compensation provided under the 1982 Ordinance.
Special Provisions for Vulnerable Groups:
Provides for livelihood restoration and relocation support.
Core Principles from Global Best Practices
Taking a holistic approach involves integrating global standards, such as those outlined by the United Nations and development agencies, alongside Bangladesh’s national priorities. Key considerations include:
- Avoiding Resettlement: Displacement should be minimized through alternative project designs.
- Compensation Based on Replacement Costs: Ensuring compensation reflects full replacement value, including transaction costs and lost opportunities.
- Comprehensive Resettlement Action Plans (RAPs): RAPs must involve affected communities in planning and implementation.
- Sustainability: Resettlement must enhance long-term socio-economic stability, not merely address immediate needs.
Addressing Gaps in Local Policies
| Aspect | Bangladesh Law | Holistic Approach | Action Taken |
|---|---|---|---|
| Compensation for Non-Titled Persons | Not specified | Inclusion of all affected groups | Compensation for structures and relocation grants |
| Full Replacement Cost | Based on registered value, often undervalued | Reflects market value and additional costs | Market price assessment via independent committees |
| Resettlement Action Plan (RAP) | Not mandatory | Community-driven and mandatory | RAP prepared and disclosed for large projects |
Key Legislative Developments
The Padma Multipurpose Bridge Project Land Acquisition Act of 2009 and the Dhaka Elevated Expressway Project Land Acquisition Act of 2011 provide specific guidelines for large-scale infrastructure projects. These acts incorporate elements of global standards, such as compensation for non-titled persons and detailed RAPs, enhancing alignment with a holistic approach.
Socio-Economic Impact of Land Laws
Land acquisition laws significantly impact communities, particularly vulnerable groups such as women, indigenous populations, and the landless. The absence of adequate resettlement provisions exacerbates poverty and social inequality. To mitigate these effects, government projects have begun incorporating livelihood restoration programs, skill training, and employment opportunities for displaced persons.
Challenges and Recommendations
Challenges
- Inadequate Compensation: Compensation often fails to reflect market realities, leaving affected persons worse off.
- Bureaucratic Delays: Lengthy administrative processes hinder timely compensation and resettlement.
- Displacement of Vulnerable Groups: Non-titled persons face significant challenges in asserting their rights.
Recommendations
- Reforming Compensation Mechanisms: Establish an independent valuation body to ensure market-aligned compensation.
- Strengthening Legal Protections: Extend legal coverage to non-titled persons and informal settlers.
- Community Engagement: Foster greater participation from affected communities in the planning and implementation of resettlement plans.
- Capacity Building: Train local government officials on international best practices in resettlement planning.
Land law in Bangladesh is evolving to address the complex challenges of urbanization and infrastructure development. While the 1982 Ordinance provides a foundational framework, its limitations necessitate supplemental policies and alignment with a holistic approach. By bridging legislative gaps and adopting global best practices, TRW Law Firm is well-positioned to assist clients in navigating these complexities, ensuring compliance with legal frameworks, and advocating for equitable solutions.
Comparative Analysis of Land Acquisition Policies
| Criteria | 1982 Ordinance | National Resettlement Policy | Holistic Approach |
|---|---|---|---|
| Coverage of Non-Titled Persons | Excluded | Included | Inclusive of all affected groups |
| Compensation Basis | Registered Value | Market Value | Full Replacement Cost |
| RAP Requirement | Not Mandatory | Encouraged | Community-Driven and Mandatory |
| Livelihood Restoration | Not Addressed | Addressed | Comprehensive and Long-Term |
| Public Consultation | Limited | Encouraged | Required and Transparent |
By bridging legislative gaps and advocating for rights, TRW Law Firm plays a pivotal role in shaping equitable land laws in Bangladesh.