Acquisition and

Requisition of Land
LECTURE 11
For the purpose or the interest of the public, the Government can acquire other’s property by

paying compensation. It may be for the temporary or permanent basis. If it is taken over for

permanently but afterward if it is not used, the government does not bind to return it. However,

lands used for graveyards, places of cremation, religious or educational institutions are usually

not taken over.

On the basis of duration, taking over is of two kinds

(a) Acquisition and

(b) Requisition.
Acquisition of Land in Bangladesh:

 The Acquisition and Requisition of Immovable property Act, 2017, Section 2(1) defines the term

as follows:

“Acquisition means acquiring the ownership and possession of any immovable property for any

requiring person or organization in exchange for compensation or rehabilitation or both.”

Development works are generally permanent nature and are carried out directly or indirectly on

or over the land which is taken over by way of acquisition.

Acquisition procedure under the Acquisition and Requisition of Immovable Property Act, 2017

Article 42(1) of our Constitution states subject to any restrictions imposed by law, every citizen

shall have the right to acquire, hold, transfer or otherwise dispose of property, and no property

shall be compulsorily acquired, nationalized or requisitioned save by authority of law.’ 

Once compensation has been paid there remains no right in any person to get back the land

acquired.
In 2017, the parliament of Bangladesh has passed the Acquisition and Requisition of Immovable

property Act, 2017. This is basically an update of the Acquisition and Requisition of Immovable

Property Ordinance-1982.

The new law states that lands of worship can also be acquired now only if it is indispensable in

public interest. 
The new law provides for an additional 200 percent compensation on the market rate if any land

is acquired for the government project and the compensation will be an additional 300 percent

if the land is for any non-governmental organization. 

It also provides for the appointment of joint district judge level officials as the arbitrator in this

type of cases. But the appeal, if there is any, will be heard by district judge level officials.
If the proposal of acquisition is from the governmental, semi-governmental or autonomous

body and passes all the tests, the Deputy Commissioner will start acquisition proceedings.

However, section 4(2) of the newly enactment Act provides that in case of acquisition of

immovable property for any non-governmental person or organization whatever be the quantity,

prior sanction of the government must be taken before the starting of the acquisition

proceedings.
The proposal of the requiring body or organization, be it governmental or any non-governmental

person or organization, approved by the upper or lower Land Allocation Committee or by the

Ministry of Land wherever application has to be entered in the register separate with a separate

file for each proposal with number/s. Under section 4(1) of the Act of 2017 a preliminary notice

has to be published at the well-known places on or near the property proposed to be acquired.
The Deputy Commissioner, under sub section (1), before the serving of notice, in the prescribed

manner and form, shall record the real nature, condition and infrastructures built therein, crops

and trees of the proposed immovable property in video or still picture or any other technology

and thereafter prepare a report accordingly. 

The upper Land Allocation Committee is at the national level and consists of 22 members headed by the

Minister of Land. The lower Land Allocation committee is at the district level and consists of 10 members

headed by the Deputy Commissioner. The areas included within the jurisdiction of the upper Land Allocation

Committee are: City Corporation of Dhaka and its vicinity, City Corporations of Chittagong, Rajshahi, Khulna,

Barisal, Sylhet, Rangpur, Narayaganj and Comilla.

Without those areas, all areas of each district are included within the jurisdiction of the District Land Allocation

Committee.
After the serving of notice, in the prescribed manner and form, the Deputy Commissioner shall prepare

a joint list of requiring persons of organizations and persons interested. If the nature of land is changed

in reality from its recent record of right, the Deputy Commissioner, at the time of preparation of the

joint list, shall decide about the change of the nature of the land. The Deputy Commissioner shall

mention in the joint list, in the prescribed manner, if any house or infrastructure in built or is being built

in the proposed immovable property for acquisition, in contravention of public purpose for illegal gain.
Section 10(f) of the Act says that after serving the notice any alteration or improvement in, or disposal of, the

property to be acquired, made or affected is of no effect.

If any person is not satisfied by the decision of the Deputy Com­missioner under 4(7) of the Act, he may apply

to the Commissioner within the next 7 working days. The Commissioner, in the prescribed manner, shall hear

the hearing under sub­section 8 and shall provide with the decision within next 15 working days and in case of

a important project, shall provide with the decision within the next 10 working days. The decision of the

Commissioner under sub-section 9 shall be deemed to be final.

The Deputy Commissioner may, after choosing the place for important project, by order, impose

restrictions over the sale of plots and building of infrastructures thereon. 

Under section 5(1) of this Act, Any person concerned may file an objection against the acquisition

proceeding to the Deputy Commissioner within 15 working days. The Deputy Commissioner shall, under

section 5(2), speedily hear the objection filed in the presence of the appellant or an agent, after hearing

all such objections and after making such further inquiry, if any, as he thinks necessary, prepare a report

within-thirty working days, and in case of a nationally important project within 15 working days,

following the expiry of the period specified under sub-section (1) containing his opinion on the

objections.
Under section 5(3) the Deputy Commissioner-

(a) If the property exceeds 50 [fifty] standard bighas (or 16.5 acre) of land, shall submit the record of the

proceedings held by him, together with his opinion, for the decision of the Ministry of Land; and

(b) If the property does not exceed 50 [fifty] standard bighas (or 16.5 acre) of land, shall submit the record

of the proceedings held by him, together with his opinion, for the decision of the Commis­sioner:
If no objection is raised within the period specified in sub-section (1), the Deputy Commissioner

shall, instead of submitting the records of the proceedings to the Divisional Commissioner, make

a decision within ten days of the expiry of the aforesaid period, or within such further period but

not exceed­ing thirty days, as the Divisional Commissioner  orders to Deputy Commissioner in

writing and in case of a nationally important project within 15 days, about the acquisition of the

property and such decision of the Deputy Commissioner shall be final.

The Government will, on receiving the record of the proceed­ings along with the report submitted by the

Deputy Commissioner, within next 60 days, and the Commissioner will, on receiving the record of the

proceedings along with the report submitted by the Deputy Commissioner, within next 15 days, make a final

decision about the acquisition of the property and return the proceedings to the Deputy Commissioner.

When the Government, the Divisional Commissioner or the Deputy Commissioner makes a decision about the

acquisition of the property, such decision made therein shall be conclusive evidence that the property is

needed for a public purpose or in the public interest.

The Deputy Commissioner shall, before taking possession of the property, pay the compensation

awarded by him to persons entitled thereto within sixty days from the date of deposit by the

requiring person.

 When the property acquired contains standing crops cultivated by bargadar, such portion of the

compensation as may be determined by the Deputy Commissioner for the crops shall be paid to

the bargadar according to section12 of this Act.

End of Lecture 11
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