Bangladesh Land Acquisition Diagnostic Review: Legal and Institutional Framework, Procedures and Practices Analysis of the Challenges of and Proposals for Strengthening the Country’s Land Acquisition System Bangladesh Land Acquisition Diagnostic Review: Legal and Institutional Framework, Procedures and Practices Analysis of the Challenges of and Proposals for Strengthening the Country’s Land Acquisition System Social Sustainability & Inclusion and Climate Change & Disaster Risk Management Bangladesh Country Team South Asia Region August 2022 1 ©2022 International Bank for Reconstruction and Development / The World Bank 1818 H Street NW Washington DC 20433 Telephone: 202-473-1000 Website: www.worldbank.org This work is a product of the staff of The World Bank with external contributions. The findings, interpretations, and conclusions expressed in this work do not necessarily reflect the views of The World Bank, its Board of Executive Directors or the governments they represent. 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Citation Please cite the report as follows: The World Bank, 2022, Bangladesh: Land Acquisition Diagnostic Review. Washington, DC: World Bank, August 2022. Design & printed by progressive printers pvt. ltd., Bangladesh Bangladesh Land Acquisition Diagnostic Review: 2 Legal and Institutional Framework, Procedures and Practices Foreword The World Bank has long been engaged with the Government of Bangladesh in its economic development efforts, including investment in infrastructure. Infrastructure development projects often require acquisition of land from private owners. However, the acquisition process in a land-scarce country like Bangladesh is complex and time consuming. These delays have a compounding effect on the pace of infrastructure completion in the country, delaying development benefits to the population, and the delays in compensation payments often push the poor and vulnerable land owners at further risk of impoverishment. The rapid economic growth in the country paired with a high rate of urbanization and the challenges posed by climate change, will require a significant and sustained increase in resilient infrastructure for which land acquisition will be a necessity. This land acquisition diagnostic review is an effort to understand the existing land acquisition system, including the legal framework; institutional mandates, roles and capacities, and procedures and practices. The review identifies the causes of the delay in land acquisition and proposes specific measures to address the key causes based on recommendations of the stakeholders and the public institutions involved in the land acquisition process. It outlines a practical support mechanism under development projects to expedite land acquisition within the existing system and brings forth some pertinent issues with regard to the country’s system of land acquisition through a possible reform in land administration. Strengthening the land acquisition process can eventually contribute to accelerating infrastructure development in the country, and this report aims at supporting this important process towards more inclusive and resilient development. Mercy Tembon Country Director Bangladesh and Bhutan The World Bank 3 Acknowledgements This report was prepared based on the findings of the land acquisition diagnostic review conducted during the period from September 2019 to September 2020 by the South Asia Social Sustainability and Inclusion (SSI) Unit jointly with the Climate Change & Disaster Risk Management (SSACD) Unit at the World Bank Office in Dhaka. Md. Akhtaruzzaman (Senior Social Development Specialist) led the study with study team members Swarna Kazi (Senior Disaster Risk Management Specialist) (co-lead), Ferdous Jahan (Senior Social Development Specialist), Kirti Nishan Chakma (Social Development Specialist), and Sheikh Naveed Uddin Ahmed (Social Development Consultant) and an external Technical Consultant Team comprising Dr Hafiza Khatun (Chief Investigator), Barrister Junayed Ahmed Chowdhury (Land Administration Legal Specialist), Dr Mohammad Ali Khan (Land Acquisition Institutional Specialist), Md. Akhtar Hossain (Land Acquisition Specialist), Mohammad Iqbal (Land Transfer and Titling Specialist), and Ahmed Ali (Technical Editor). The study team carried out consultations with stakeholders and reviewed relevant literature such as laws, policies, and published reports on land administration in Bangladesh. The team would like to thank John Roome (Regional Director, South Asia Sustainable Development), Robin Mearns (Practice Manager, SSI), and Abhas K. Jha (Practice Manager, SSACD) for their support and guidance. The study team is grateful to David Seth Warren (Practice Manager) and Christoph Pusch (Practice Manager) for their concurrence on the initial study design. The study team appreciates the direction and help in rationalizing the study design from Sanjay Srivastava (Practice Manager, Environment) and Sabah Moyeen (Senior Social Development Specialist and Country Coordinator, Bangladesh). The draft final report was revised after the kind review by and guidance from I U B Reddy (Lead Social Development Specialist and Regional Standards Coordinator, South Asia). The peer reviewers were Maria Beatriz Orlando (Lead Social Development Specialist, SSAS1), Chaohua Zhang (Lead Social Development Specialist, SESF2), Jorge A. Munoz (Lead Land Administration Specialist, SAWDR), Enrique Pantoja (Operations Advisor, OPSIL), Mridula Singh (Senior Social Development Specialist, SSAS2), and Ignacio M. Urrutia Duarte (Senior Disaster Risk Management Specialist, SSACD). Bangladesh Land Acquisition Diagnostic Review: 4 Legal and Institutional Framework, Procedures and Practices Discussions on framing the issues have benefited greatly from the views and feedback of Government of Bangladesh officials (not in order of seniority), including Secretary, Ministry of Land, Additional Secretary, Land Acquisition, Ministry of Land, Secretary, Bridges Division, Ministry of Road Transport and Bridges, Krishna K. Biswas (Joint Secretary & Additional Project Director, Metro Rail Project), SM Lablur Rahman (Joint Secretary, Bridges Division, Ministry of Road Transport and Bridges), Md. Habibur Rahaman (Joint Secretary, Ministry of Shipping), Md. Abdur Rashid Khan (Chief Engineer, Local Government Engineering Department), Commodore Golam Sadek (Chairman, Bangladesh Inland Water Transport Authority), Md. Habibur Rahman (Additional Director General, Bangladesh Water Development Board), Md. Iqbal Hossain (Deputy Director, Local Government, Pabna), Shalil Kishore Chakma (Assistant Settlement Officer, Diara Settlement Operation, Barisal), Md. Zillur Rahman (Department of Land Records & Surveys), Md. Mominur Rashid (Settlement Officer, Zonal Settlement Office, Dhaka), Md. Abul Kalam Chowdhury (Deputy Project Director, Dohazari to Cox’s Bazar Railway Project, Bangladesh Railway), Momin Muzibul Haque Shamaji (Executive Engineer, Local Government Engineering Department), Mahmud Hasan Salim (Director, Bangladesh Inland Water Transport Authority), Dr. Mahbubur Rahman (Executive Engineer, Bangladesh Bridge Authority), Mr. Reaz Ahmed Jaber (Additional Chief Engineer, Roads and Highways Department), Akhil Kumar Biswas (Chief Engineer, Bangladesh Water Development Board), Mozharul Islam, Executive Engineer (Division III, Public Works Department, Dhaka), Executive Engineer (Bagerhat Public Works Department), Divisional Forest Officer (Bangladesh Forest Department, Bagerhat), and Executive Engineer (Roads and Highways Department, Nilphamari). The team also recognizes views and feedback from field administration in Khulna, Nilphamari, Rangamati, Bagerhat, and Pirojpur, including Divisional Commissioners, Deputy Commissioners, Additional Deputy Commissioners (Revenue), Assistant Commissioners (Land), Sub-Registrars, and many others. The team is particularly grateful to Justice ABM Khairul Haque (Chairman Law Commission, Bangladesh) and Raja Debashish Roy (Circle Chief of Rangamati Hill District) for their insightful suggestions. The study team is grateful for the participation of the practitioner experts in the field of land acquisition and resettlement in Bangladesh, namely Mosleh Uddin, M. A Saleque, Kabirul Islam, Khandaker Khairul Matin, Moniruzzaman, Ranjit Kumar Das, Saifulla Dostogir, Abinass Hossneara, Abu Bakar Siddique, Akbar Hossain, Dr Rafeza Akter, Ferdous Rahman, Mashiur Rahman, Md. Aftab Ul Alam, Md. Quayum Miah, Saidur Rahman, and Saydur Rahman. Special thanks to the project affected persons in Rangamati, Bagerhat, Pirojpur, and Nilphamari districts for sharing their resourceful experience of land compensation collection under different projects. The next steps described in the report benefitted from a review by Dr. Mohammad Zaman, Senior Advisor - Social/Resettlement and advisory professor at the National Research Centre for Resettlement (NRCR), Hohai University, Nanjing, China. Acknowledgements 5 Mehrin Ahmed Mahbub (Senior External Affairs Officer, ECRSA) reviewed the report for corporate sensitivity. Debashish Paul Shuvra, S M Mehedi Hasan, Md. Towshikur Rahman, and Sk Towhidur Rahaman (Disaster Risk Management Specialist, SSACD) assisted the study team with information, while Zahin Takrim Hussain (Program Assistant, SSAS1) and Amani Haque (Program Assistant, SSACD) provided administrative support. Samera Chowdhury (SSAS1) and Mohsiu Rashedin Tazrin (SSAS1) facilitated the consultation processes. This report was made possible by funding from the Global Facility for Disaster Reduction and Recovery (GFDRR), Coastal Resilience: Developing New and Innovative Approaches in Bangladesh linked with the Coastal Embankment Improvement Project, Phase I managed by the South Asia Climate Change and Disaster Risk Management Team. Bangladesh Land Acquisition Diagnostic Review: 6 Legal and Institutional Framework, Procedures and Practices Introducing the Study Team Md. Akhtaruzzaman is a Senior Social Development Specialist at the World Bank in South Asia. He has more than 25 years of working experience in projects managing land acquisition and involuntary resettlement. During the 1990s, he worked on all three projects that involved resettlement for the first time in Bangladesh: the Jamuna Multipurpose Bridge Project and the Second Road Rehabilitation and Maintenance Project with World Bank financing, and the Jamuna Bridge Railway Link Project with ADB financing. In addition to Bangladesh and Bhutan in South Asia, he worked in Southeast Asia (Vietnam and the Lao PDR), in Central Asia (Uzbekistan, Tajikistan, and Kazakhstan) and in the Caucasus (Georgia and Azerbaijan). He contributed the Chapter, “Land Acquisition and Resettlement in Urban Transport Projects in Dhaka City: Planning Experience and Innovations” in an edited book titled Development Induced Displacement and Resettlement in Bangladesh: Case Studies and Practices published by Nova Science Publishers, New York. Swarna Kazi is a Senior Disaster Risk Management Specialist at the World Bank. She is responsible for strengthening country partnerships, managing the policy dialogue, leading operations, and analytics, to advance the climate change and disaster risk management agenda. Swarna manages a portfolio of over US$1.5 billion of high priority, climate and disaster resilience, fragility and conflict, emergency preparedness and response, multi-sector operations. She has worked with the World Bank for over 15 years, initially joining in 2002. Prior to her current position, Swarna was based in London, working as an Evidence and Policy Advisor in the U.K. Government, Ministerial Department for Environment, Food & Rural Affairs (Defra). She completed the course work for an MSc. in Water Resources Development from Bangladesh University of Engineering and Technology. Swarna is a Chevening Scholar and obtained an MSc. degree in Water Science, Policy, and Management from the University of Oxford (Christ Church College). Ferdous Jahan, PhD is a Senior Social Development Specialist in South Asia Region (SAR). Prior to joining the World Bank, she taught courses on sustainable development, governance, comparative public administration, and development project management and evaluation at the University of Pennsylvania, University of Dhaka, and BRAC University. During 2005-2018, she participated in many international collaborative research projects on poverty, land governance, food security, social protection, social accountability, governance, human rights, justice, and climate change. 7 Kirti Nishan Chakma is a Social Development Specialist at the World Bank and the country focal point for Citizen Engagement. He has more than 20 years’ experience in development with national and international organizations in Bangladesh and abroad. He has a BA (hons) from Dhaka University and an MA in Human Rights and Management from Catholic University of Lyon and EM Lyon, France. Sheikh Naveed Uddin Ahmed, PhD is an economist by training and is a Social Development Consultant for the World Bank. He has worked in a wide range of areas, including banking, poverty, skills, inclusion, gender, health, and environmental and social dimensions, of development projects. Previously, Naveed worked as the Principal Investigator of DFID’s Innovation and Growth Project. He has held consultancy positions for the Asian Infrastructure Investment Bank, Asian Development Bank, and the Ministry of Health and Family Welfare, Government of Bangladesh. He has experience working in Kenya, China, the United Kingdom, and Bangladesh. Hafiza Khatun, PhD is a professor at Dhaka University in the Department of Geography and Environment. She has 40 years of teaching and research experience, and has authored/edited nine books, including Development- Induced Displacement and Resettlement in Bangladesh: Case Studies and Practices. She has published 80 research papers and is the editor of four journals. She is a social safeguards specialist practitioner and has contributed to policies and planning related to land acquisition for different projects in the country. She has worked on more than 150 development projects with financing from various bilateral and multilateral development banks. Professor Khatun is a member of 12 national and international professional societies. She is a Member of the Academic Advisory Committee (AAC) of the National Research Center for Resettlement (NRCR), Hohai University, Nanjing, China. Barrister Junayed Ahmed Chowdhury is an Advocate of the Bangladesh Supreme Court (Appellate Division), a Barrister of the Honorable Society of Lincolns Inn, London, and holds an LL.M from the University of Chicago. He is a leading practitioner of corporate and finance laws at home and abroad. He has held consultancy positions with the World Bank Group on, among others, the Secured Transaction Reform Project and the Metro Dhaka Transformation Platform. He is the author of Corporate Tax Law and Practice, the leading treatise on Bangladesh corporate tax laws, which is catalogued by the British Library. He holds a license to practice foreign law as a Registered Foreign Lawyer under the Law Society of New South Wales, Australia. Mohammad Ali Khan, PhD was a career civil servant of the Government of Bangladesh and retired as Additional Secretary. During his government service (1983-2017), he served at the grassroots as well as the policy-making level as UNO, ADC (Revenue), DC, Joint Secretary of the Ministry of Land and gained a substantial amount of knowledge about land issues, including the real causes and consequences of land acquisition in Bangladesh. He was a Senior Strategic Consultant at IWM (20170-18) and also worked as a Research Specialist in the Law Commission on a part-time basis (2018-2020). He has authored 62 books and published eight articles in journals. Bangladesh Land Acquisition Diagnostic Review: 8 Legal and Institutional Framework, Procedures and Practices Md. Akhtar Hossain is a retired civil servant and ended his civil service career as a Deputy Secretary. As a civil servant, Mr. Hossain served the Government of Bangladesh as Revenue Deputy Collector, Additional Deputy Commissioner, Settlement and Survey Officer, and Deputy Director – Military Lands and Cantonments, among others. As a Settlement and Survey Officer, he conducted a cadastral survey and prepared the land records of a district. He is well- versed in the land acquisition process in Bangladesh and worked on several projects as a land acquisition consultant, including the Padma Multipurpose Bridge Project. He is currently working with the Bangladesh Bridge Authority, helping with the land acquisition process for the Dhaka Elevated Expressway PPP Project. Mohammad Iqbal is a former civil servant of the Government of Bangladesh, retired as Additional Secretary. He is currently working as a full-time Management and Legal Consultant at Digital Security Agency under the ICT Division of the government. He worked as a part-time Specialist Researcher at Law Commission from 2018-2020. During the tenure of his services with the government, Mr. Iqbal has served as Assistant Commissioner (Land) under the Field Land Administration. He was a Charge Officer, Project Officer, and Director (Survey) in the Directorate of Land Record and Survey for the management and modernization of the Land Administration. He worked in other capacities as UNO, National Project Director, Deputy Secretary, Joint Secretary, Director General and Chairman. He also worked on UNDP and EU projects in Bangladesh. Mr. Iqbal is a law graduate and a guest speaker for legal and land-related apex training institutions. Ahmed Ali is a former World Bank staff person and was also a full-time consultant with the procurement team in the Dhaka office. His professional career spans 45 years. He started in pharmaceutical marketing, moved on to banking and finance (where he held executive and management positions), the export-oriented garment industry (in a senior management position), and finally to supply chain management and procurement (as a consultant). He is a member of the Chartered Institute of Procurement and Supply (MCIPS), UK. He completed an MBA from the Institute of Business Administration, Dhaka University and has a BSc from the Punjab University. Introducing the Study Team 9 Table of Contents EXECUTIVE SUMMARY 15 ABBREVIATIONS AND ACRONYMS 21 DEFINITION OF TERMS 24 Chapter 1 Introduction 31 1.1. Background 31 1.2. Objectives of the Study 32 1.3. Methodology 32 1.4. Key Messages of the Study 33 1.5. Purpose, Audience, and Structure of the Report 33 Chapter 2 LAND ACQUISITION SYSTEM AND PRACTICES 35 2.1. Legal and Regulatory Framework 35 2.2. Institutional Framework for Land Acquisition 36 2.3. Institutional Responsibilities within the Land Acquisition Process 37 2.3.1. The Requiring Body 37 2.3.2. Institutional Mandate and Role of the Acquiring Body 38 2.3.3. Institutions Approving Land Acquisition Cases 38 2.3.4. District Councils of the Three Hill Districts 39 2.3.5. Institutions Involved in the Assessment and Valuation of Acquired Assets 39 2.4. Land Acquisition Proceedings 39 2.4.1. Land Acquisition Proceedings under ARIPA 2017 40 2.4.2. Acquisition of Waqf Land 42 2.4.3. Acquisition of Land in Emergencies 42 Bangladesh Land Acquisition Diagnostic Review: 10 Legal and Institutional Framework, Procedures and Practices 2.4.4. Land Acquisition in the Hill Districts 43 2.4.5. Acquisition of Land by RAJUK 44 2.4.6. Resettlement of Displaced Households 44 2.5. The Land Acquisition Process in Practice 44 2.5.1. Case Example of Land Acquisition in CHT 45 2.5.2. Case Examples of Land Acquisition in the Southwest Coastal Region 45 2.5.3. Changing the Class of Land During Acquisition 48 2.5.4. Land Acquisition Practice in CHT 48 2.5.5. Project-Based Land Acquisition and Resettlement Support 48 2.5.6. Online Registration of Compensation Claims 50 Chapter 3 PROPERTY RIGHTS AND LAND ADMINISTRATION 51 3.1. Property Rights and Legal Possession 51 3.2. Land Administration and Management 51 3.3. Khatians and Exclusive Titles 52 3.3.1. Establishment of Ownership 53 3.3.2. Collection and Verification of Land Ownership Information 54 3.3.3. Documentary Evidence of Exclusive Ownership 54 3.3.4. Preparedness of Landowners for Compensation Request 55 3.4. Land Ownership in the Hill Districts 56 3.4.1. Land Ownership 56 3.4.2. Land Registration and Administration 57 3.5. Towards Modernization of Land Administration 57 Chapter 4 CHALLENGES OF LAND ACQUISITION PROCESSES AND PRACTICES 59 4.1. Challenges of Land Acquisition 59 4.2. Limitations of the Existing Laws Affecting Land Acquisition 61 4.3. Institutional Challenges in the LA Process 62 4.4. Compliance Issues in World Bank-Financed Projects 64 Table of Contents 11 Chapter 5 STRENGTHENING THE LAND ACQUISITION SYSTEM 67 5.1. Demand and Scope 67 5.2. Optimizing Land Acquisition Process in Projects 67 5.2.1. Scope of Optimization of Land Acquisition Process 67 5.2.2. Scope of Support for the Acquiring Body 68 5.2.3. Documenting Ownership and Possession Details for Land Acquisition 69 5.2.4. Support to Landowners in Updating Khatians 71 5.2.5. Proposed Resources and Budget Support 73 5.3. Possible Legal and Institutional Reforms 74 5.3.1. Shorter-Term Measures to Simplify the Land Acquisition Process 74 5.3.2. Longer-Term Reform of the Legal and Institutional Framework 75 5.4. Bank Engagement in Strengthening the Land Acquisition Process 77 List of Figures Figure 2.1. Basic Institutional Arrangements for LA 36 Figure 3.1. Hill Districts in Bangladesh 56 List of Tables Table ES.1. Proposed Actions to Optimize the Current Land Acquisition System 18 Table 2.1. Timeline for LA Processing up to Payment of Compensation 42 Table 2.2. Key Steps and Timeline for an LA Case in CHT 45 Table 2.3. ECRRP LA Cases, Time Between Notice u/s-3 and Notice u/s-7 for LA (ARIPO 1982) 46 Table 2.4. LA Case Timeline in Pirojpur District under CEIP-1 (ARIPO 1982) 47 Table 4.1. Institutional Challenges in the Land Acquisition Process 63 Table 5.1. Steps in the LA Process Involving Ownership Data Collection and Verification 70 Table 5.2. Advance Actions to Expedite Ownership Determination 71 Bangladesh Land Acquisition Diagnostic Review: 12 Legal and Institutional Framework, Procedures and Practices List of Boxes Box 2.1. Improving the Land Acquisition System in Bangladesh 36 Box 2.2. Changing Class of Land during Joint Verification 48 List of Appendices Appendix A: Probable Agenda for Land Administration Reform 79 Appendix B: Study Methodology and Additional Details of the Country’s System of Land Administration 91 Appendix C: Stakeholders’ Feedback and Proceedings of Consultations and Field Tours 159 Table of Contents 13 Bangladesh Land Acquisition Diagnostic Review: 14 Legal and Institutional Framework, Procedures and Practices Executive Summary Introduction available literature on the legal and regulatory _____ framework, existing relevant studies, and reports. The land for public infrastructure projects in The data collected from primary and secondary Bangladesh is largely taken through the acquisition sources have been analyzed using mostly of private land or the transfer of public land. The descriptive methods, and in some cases, narrative requirement of the national legal framework for analysis. Results of the analysis were updated land acquisition (LA) by using the “eminent domain” and finalized based on feedback from the relevant authority of the State stipulates the payment of stakeholders. compensation to the affected titled landowners before taking possession of land for a project. This Property Rights and Compulsory key requirement of the law conforms with that of Acquisition _____ the operational policy (OP) and the environmental and social standard (ESS) of the World Bank (WB) The Constitution of Bangladesh allows private on LA and involuntary resettlement (OP 4.12 and ownership of property (land with other assets on ESS5). However, procedural delays in LA, including it). The Constitution also allows the Government with the payment of compensation, affect most of Bangladesh (GoB) to acquire privately owned of the infrastructure projects in Bangladesh immovable property for the greater national requiring land. This report presents the findings of interest under the authority of the law by paying a diagnostic review of the challenges and issues compensation and/or resettlement support. The causing delays in LA and proposes measures to law regulating the compulsory acquisition or minimize such delays in the immediate term within requisition of property, including private land, the existing legal and institutional framework is the Acquisition and Requisition of Immovable and identifies some of the issues pertaining to Property Act 2017 (ARIPA 2017). The LA process institutional and legal reforms to strengthen the in the three hill districts of Bangladesh differs system in the longer term. from the rest of the country and is under separate regulatory requirements—the Chittagong Hill Methodology Tracts (Land Acquisition) Regulation 1958 and _____ the Chittagong Hill Tracts (Land Acquisition) The study examined the existing legal framework, (Amendment) Act 2019. institutional mandates, roles, and capacities, and The land administration is supposed to ensure that procedures and practices in the LA process. The land records are regularly updated to accurately study team conducted an extensive literature record rights related to land ownership and legal review and accumulated primary data during possession. This requires the immediate revision of field visits using an array of traditional qualitative land records following the transfer and succession data collection instruments, such as checklists of ownership. However, settlement surveys in and consultations with stakeholders. Analysis of Bangladesh occur only at long intervals. Attempts secondary information was based on a review of Executive Summary 15 were made to bring about the correct use of projects that need land (known as the “requiring information in the khatian (record of rights) in body” or “RB”). The process requires obtaining the schedule of registered transfer or succession approval from (depending on the size, legal documents in 2004 with the amendment of the complexity, and location of the acquisition) Transfer of Property Act 1882 and the Registration local, divisional, and sometimes, central-level Act 1908. However, the Sub-Registrar’s Offices authorities. An LA case involving up to 50 standard under the Directorate of Registration (DR) do bigha (equal to 16.50 acres or 6.75 hectares) not have access to settlement records to verify without any objection is finalized exclusively the information presented in land transfer or by the DC. The Divisional Commissioner (DivC) succession documents for registration. They are provides final approval of such a proposal in also not required to ensure the validity of ownership cases where an objection is lodged with the DC. documents produced for the registration of land LA cases involving over 50 standard bigha of land transfers (Rule 42 of the Bangladesh Registration are approved by the Ministry of Land (MoL) with Rules 2014). Thus, ownership determination is concurrence from the Prime Minister’s Office. complicated, time consuming, and dependent on multiple sets of records, including registration The DC determines the market price of the deeds, and confirmation of the succession and property with assistance from authorized public legacy of ownership transitions shown in the agencies. Valuation of the land is done by the DC various khatians. with information from the Sub-Registrar’s Office under the DR. The Public Works Department (PWD) and the Bangladesh Forest Department Legal Requirements and Practical (BFD) assist the DC with the valuation of acquired Constraints _____ structures and trees, respectively. The Department of Agriculture Extension and the Department of ARIPA 2017 was enacted to streamline the Agriculture Marketing provide information on acquisition and requisition of land for development the yield and market price of standing crops, the projects and enhance the amount of compensation Department of Fisheries provides data on the paid. However, it bears a close resemblance to market price of fish stock. The Department of the former law on acquisition, the Acquisition and Public Health Engineering provides information Requisition of Immovable Property Ordinance on the market price of tube wells. 1982, and thus it does not cover vital issues like an adequate, detailed rehabilitation plan, hardships Upon identification and assessment of the faced during relocation, and the speedy disposal property under acquisition and determination of LA cases. The key gaps between the country’s of compensation under the law, the DC seeks LA system and the World Bank requirements support from the land offices under the Land on LA and resettlement (OP 4.12/ESS5) are (1) Reform Board to identify the legal owners of the replacement cost versus compensation (although property by reviewing the khatians. The Assistant the gap here has narrowed under ARIPA 2017), Commissioner (AC) (Land) provides the khatian (2) resettlement and economic rehabilitation, (3) to the DC to determine the legal owner of the payment of compensation before dispossession acquired land. However, many current owners of land, (4) participation, and (5) resolution of in legal possession of land do not appear in the complaints and grievances. survey khatians available in the district revenue record room or in the AC (Land) Offices. The key mandate and institutional responsibility for the acquisition and requisition of land—for According to the legally defined process, the public purposes and in large private investments maximum time from first notification to payment for the greater public good—is vested with the of compensation for projects declared nationally Collector/Deputy Commissioner (DC) in the important by the GoB is 16 months, and 19 months respective district jurisdictions. The DC in the for general development projects. However, this respective district jurisdiction acquires land for timeline can be shortened, if the LA process goes implementing agencies (IAs) of development smoothly without any delays and some steps are Bangladesh Land Acquisition Diagnostic Review: 16 Legal and Institutional Framework, Procedures and Practices carried out simultaneously—six and a half months > A delay in LA is common with all for small acquisitions (up to 50 standard bigha), 12 development projects and the major months for GoB-declared nationally-important problems stem from low institutional large acquisitions (more than 50 standard bigha), capacity and a complicated land and 14 months for general development projects— administration system. given adequate staff time and logistical support. > Establishing ownership of land is difficult due The law requires that compensation be paid to flawed or incomplete ownership transfers, before taking possession of land for civil works. resulting in contested ownership claims. However, in practice the payment process takes a long time because of the difficulty in finalizing > Many affected landowners cannot navigate decisions on ownership, extending the LA process through the complicated land ownership to two to three years, and even then, payments regularization process due to a lack of are often only up to 90 percent complete. awareness of the rules and requirements. > Land ownership records are often outdated. The study revealed that institutional limitations and the lack of interdepartmental coordination > However, LA can be completed within the on land transfer documentation and record planned project timeline with efficient updating affect the LA process significantly. Low management and advance planning. staff capacity and the unavailability of resources > Digitalization and automation of land within the DC offices and the valuation agencies administration and management, backed along with flawed or incomplete documentation by a modernized legal and institutional on land transfers and successions were identified framework, can strengthen the system. as the most common constraints and the key to the delay in ownership decisions and payment of Optimizing the Current Land compensation. Acquisition System _____ Summary of Key Findings _____ The review proposed immediate-term practical measures to optimize the LA process within the Several agencies are involved in the LA process and existing legal and institutional framework and their institutional capacity mandated for acquiring formalize these measures in the development land under the current legislative process is projects as a activity with the approval of limited, resulting in significant delays. Lack of the administrative ministry of the RBs. This interoperability between key land administration arrangement can be agreed with the acquiring departments with regard to updating records body and acknowledged by the MoL. Table of property rights following title transfers is the ES.1 is a summary of proposed measures that root cause of the delay in determining ownership the Planning Commission, the MoL, and the and thus, the payment of compensation. The key administrative ministries of the RBs could consider findings of the study are as follows: adopting, which were discussed with the MoL in a meeting with the World Bank study team. Executive Summary 17 Table ES.1. Proposed Actions to Optimize the Current Land Acquisition System Area of Type of Responsible Proposed Measures Support Intervention Parties Initial clearance Administrative 1) Waive administrative approval and MoL and decision environmental clearance for LAs (as the Department of main project and its environment clearance Environment is already approved by the GoB). LA processing plan per Administrative 2) Develop an LA processing plan (LAPP) at MoL, DivC, and LA case decision the first meeting of the DC office with the DC RB, adopt it, and communicate it to the MoL and the DivC. Joint verification and Administrative 3) Invite the participation of the key valuation MoL valuation and procedural agencies (the PWD and BFD) in the joint decision verification and use similar formats for the valuation of structures and trees. RB 4) Provide a special allowance for staff time spent in the field for joint verification and valuation of property. Adjustments and Administrative 5) Allow the DC to approve additional MoL additional acquisitions and procedural acquisitions or adjustments of up to 1.00% decision of an approved LA case. Return of unused land Administrative 6) Develop a mechanism for returning land MoL and procedural acquired but left unused to the original decision owner(s), where feasible.1 Compensation payment Administrative 7) Disburse compensation money at a local MoL and DC and procedural venue easily accessible for all landowners. decision 8) Where possible, implement direct bank transfer upon confirmation of legal ownership. Dispute resolution Legal and 9) In the case of joint ownership with MoL and DC (contested ownership) administrative contested claims, keep the compensation decision amount to a special account to be accessed by the rightful owners after settlement of the dispute by a court of law. 10) Develop an administrative protocol with the DC offices for correcting the signed award books following dispute resolution. 11) Determine and pay compensation for usage right of land to the current owner(s) in possession of land identified during joint listing. Human resources Capacity building 12) The MoL to designate additional dedicated MoL, DC, PWD, staff to the LA section of the DC offices to BFD, and RB strengthen capacity proportionate to the volume of acquisitions. 13) Establish an LA support cell at the headquarters of the BFD and PWD with dedicated staff exclusively to assist with the LA process. 14) As an interim arrangement, the RBs could hire certified consulting organizations to provide the necessary support to the DC offices and the valuation agencies. Bangladesh Land Acquisition Diagnostic Review: 18 Legal and Institutional Framework, Procedures and Practices Area of Type of Responsible Proposed Measures Support Intervention Parties Confirmation of property Administrative 15) Support the ownership decision process RB authorized ownership decision at the first notification of the acquisition of by the MoL land (u/s 4) and complete by the second notification (u/s 7) by engaging consultant resources with the relevant experience. Development project Planning 16) Have the RB ensure that there are RB and line proforma/proposal budgetary provisions in the DPP to ministry (DPP) provision accommodate additional support for the LA process. Automation Legal and 17) Digitalize and automate the LA process MoL and ICT administrative for all steps and actions, and initiate Ministry decision automation of land administration. Oversight Management 18) Have the MoL assign the DivC office to MoL and DivC decision monitor the progress and constraints of the LA process with the necessary staff and logistical support from the project. Market price database Administrative 19) Have the PWD and BFD develop a MoL, PWD, decision nationwide database of the market prices BFD, and DC of structures and trees for a given year and update it periodically. Source: World Bank, data collected by study team. Measures to Streamline Land The GoB has launched various programs to Acquisition expand the delivery of public services to citizens, _____ including land administration, many of those Currently, acquiring land means having to using digital technology. The modernized national navigate the requirements of multiple laws identification card system, civil registration system, and institutions. The process, according to and Porichoy (identity) platform (for client/ stakeholders, could be streamlined, if the GoB customer verification by government agencies takes steps to unify the entire LA process under and banks) allow further integration with the the umbrella of ARIPA 2017, and integrates all country’s system for land administration. These laws relating to property rights into a single land national systems on citizen identity could be the law. Establishing interoperability, developing basis for a digitalized land administration with interdepartmental coordination on the registration incremental effort. The GoB has also undertaken of land transfers, succession, and mandatory multiple projects to modernize land records and mutation, and updating khatians and mauza maps land administration management over the past after demarcating the changes on the ground three decades. The results of these government will significantly improve the efficiency of land modernization initiatives in land administration administration. However, such reforms will require could be institutionalized and made part of the an intensive review of the existing regulatory and work process by taking a planned and gradual institutional framework of land administration approach. However, reforms are needed to based on national and international best practices align these systems with best practices around and extensive stakeholder consultations. inclusion, institutional arrangements, legal support, and data protection. Executive Summary 19 Bank Engagement for Strengthening Following this approach, the World Bank could the Land Acquisition Process review with the GoB calls for a more streamlined _____ LA process and modernized land administration The World Bank can promote implementation to undertake the design and implementation of of the immediate-term support proposals at the a technical assistance program on the country’s project level by integrating them into the design land administration. The technical assistance could of projects involving LA. The World Bank could include development of an action plan for legal advise the client departments to ensure that the and institutional reform of land administration necessary resources for LA capacity support are with specific proposals for its modernization, included in the DPP under the LA and resettlement including the digitalization of land records and cost category. It could also engage with the land management, and the real-time transmission of administration departments led by the MoL data between stakeholder departments. The GoB and involve the DR of the Ministry of Law and could then implement the action plan gradually as Parliamentary Affairs and the Ministry of Planning per the design and time schedule defined in the as well as international financial institutions to plan. facilitate development of an approach to support the efforts of the GoB in reviewing and reforming the legal and institutional framework of land administration. Notes ................................ 1 World Bank and JBIC, 2001: Resettlement in JMBP: Assessing Process and Outcomes, Hossain Zillur Rahman and Power and Participation Research Centre (PPRC), Dhaka. Paragraph 86 of the report mentions that “about 72 ha out of 128 ha of excess land acquired for Eastern Resettlement Site under the JMBP was returned to the original owners”. Bangladesh Land Acquisition Diagnostic Review: 20 Legal and Institutional Framework, Procedures and Practices Abbreviations and Acronyms AB Acquiring Body AC Assistant Commissioner AC (Land) Assistant Commissioner (Land) ADB Asian Development Bank ADC Additional Deputy Commissioner ADC Additional Deputy Commissioner AIT Advance Income Tax ARIPA 2017 Acquisition and Requisition of Immovable Property Act 2017 ARIPA Circular Interim guidelines on ARIPA 2017 ARIPO 1982 Acquisition and Requisition of Immovable Property Ordinance 1982 ASO Assistant Settlement Officer BCIC Bangladesh Chemical Industries Corporation BBA Bangladesh Bridge Authority BDT Bangladesh Taka BFD Bangladesh Forest Department BTA 1885 Bengal Tenancy Act of 1885 BIWTA Bangladesh Inland Water Transport Authority BR Bangladesh Railway BWDB Bangladesh Water Development Board CDA Chattogram Development Authority CEIP-1 Coastal Embankment Improvement Project, Phase 1 CHT Chattogram Hill Tracts (Chittagong Hill Tracts) CHTA 2019 Chittagong Hill Tracts (Land Acquisition) (Amendment) Act 2019 CHTR 1958 Chittagong Hill Tracts (Land Acquisition) Regulation 1958 CHTRDP-2 Second Chittagong Hill Tracts Rural Development Project CHT LC Chittagong Hill Tracts Land Dispute Resolution Commission CHT LC Act 2001 Chittagong Hill Tracts Land Dispute Resolution Commission Act 2001 CHTO 2018 Chittagong Hill Tracts (Land Acquisition) (Amendment) Ordinance 2018 CHTR 1900 Chittagong Hill Tracts Regulation 1900 CLAC Central Land Allocation Committee 21 CROW Construction right of way DAE Department of Agricultural Extension DAM Department of Agriculture Marketing DC Deputy Commissioner DFID Department for International Development {now “Foreign, Commonwealth & Development Office (FCDO)} DFO Divisional Forest Office of BFD DivC Divisional Commissioner DLAC District Land Allocation Committee DLRS Directorate of Land Record and Survey DoE Department of Environment DoF Department of Fisheries DPHE Department of Public Health Engineering DPP Development Project Proforma/Proposal DR Directorate of Registration DU Dhaka University ECRRP Emergency 2007 Cyclone Recovery and Restoration Project ECNEC Executive Committee of the National Economic Council EDA 1952 Embankment and Drainage Act 1952 ESF Environmental and Social Framework ESS Environmental and Social Standard EU European Union FCDO Foreign, Commonwealth & Development Office FGD Focus Group Discussion FVR Feasibility Verification Report GIS Geographic Information System GoB Government of Bangladesh GPS Geographic Positioning System HDC Hill District Council IA Implementing Agency (of infrastructure projects) ICT Information and Communication Technology IFI International Financial Institution IPA Manual 1997 Immovable Property Acquisition Manual 1997 IT Information Technology JL Jurisdiction List JVFB Joint Verification Field Book KDA Khulna Development Authority LA Land Acquisition LADR Land Acquisition Diagnostic Review LAMP Land Acquisition Management Plan LAO Land Acquisition Officer LAPP Land Acquisition Processing Plan Bangladesh Land Acquisition Diagnostic Review: 22 Legal and Institutional Framework, Procedures and Practices LAR Land Acquisition and Resettlement LD tax Land Development Tax LGED Local Government Engineering Department LLP Land Losing Person- LRB Land Reform Board LT Land Transfer MoL Ministry of Land NID National Identification O&M Operations and Maintenance OP Operational Policy PM Prime Minister PI Person Interested PMO Prime Minister’s Office PMU Project Management Unit PPP Public Private Partnership PWD Public Works Department RA 1908 Registration Act 1908 RAJUK Rajdhani Unnayan Kartripaksha (Capital Development Authority) RB Requiring Body RDA Rangpur Development Authority RHD Roads and Highways Department RTIP Rural Transport Improvement Project SASEC South Asia Subregional Economic Cooperation SATA 1950 State Acquisition and Tenancy Act 1950 SRO Sub-Registrar’s Office TIA 1953 Town Improvement Act 1953 TPA 1882 Transfer of Property Act 1882 u/s Under Section UNDP United Nations Development Programme UNO Upazila Nirbahi Officer (Sub-District Executive Officer) USO Upazila Settlement Office ULAO Union Land Assistant Officer ULO Union Land Office UZLO Upazila Land Office VAT Value Added Tax WB World Bank 23 Definition of Terms Acquiring body The Deputy Commissioner (DC) is the acquiring body. The DC in the respective district jurisdiction is mandated by law to handle the acquisition of land for public purposes or the public interest on behalf of government infrastructure development implementing agencies requiring land for their projects. The DC, the Divisional Commissioner, and the Ministry of Land (MoL) have jurisdiction over the final decision on acquisition, depending on the size and legal complexities of the acquisition process, while District Land Allocation Committees across the country and the Central Land Allocation Committee for certain urban jurisdictions are the local approving authorities. Abandoned property Any property owned by a person who is not present in Bangladesh, or whose whereabouts are not known, or who has ceased to occupy, supervise, or manage the property in person (Section 2(1) of the Bangladesh Abandoned Property (Control, Management and Disposal) Order 1972). This applies especially to the property of non-Bengalis who went back to Pakistan leaving their property in Bangladesh during the war of independence in 1971. Acquisition The act of acquiring the ownership and possession of any immovable property for any requiring person or organization in exchange for compensation and/ or rehabilitation (Section 2(1) of the Acquisition and Requisition of Immovable Property Act 2017 (ARIPA 2017)). Adverse possession A legal principle under which a person who does not have legal title to a property—usually land—may acquire legal ownership based on the continuous possession or occupation of the property without the permission of its legal owner. Possession by a person is not adverse if the person is in possession as a tenant or licensee of the legal owner. In Bangladesh, a person may become the owner of land by adverse possession if the person enjoys it and retains possession of it for more than 20 years without interruption from the legal owner. ARIPA 2017 The Acquisition and Requisition of Immovable Property Act 2017 (Act XXI of 2017) enacted and effective on September 21, 2017. This law replaced the Acquisition and Requisition of Immovable Property Ordinance 1982 (Ordinance II of 1982). However, the former law still applies for acquisitions initiated (meaning the notice under Section 6 was issued) before September 21, 2017. ARIPA Circular This circular contains the instructions on the implementation of ARIPA 2017 issued by the MoL on December 10, 2017 via its memo no. 31.00.0000.042.04.001.14(Part-1)-454. Bangladesh Land Acquisition Diagnostic Review: 24 Legal and Institutional Framework, Procedures and Practices Awardee A recipient of compensation money for the acquisition of land as determined by the DC. Rightful owners are recognized by the DC when preparing compensation estimates on the basis of available khatians and later verified by scrutinizing land records produced by the compensation claimants. Cadastral survey A cadastral survey is the land survey method used by the State to create property boundaries and prepare a land rights record, and includes the mauza map (a cadastral map of the mauza (see definition below)) and khatian. Compensation Payment of money to owners for acquisition of their immovable property determined on the basis of the market price by the acquiring body. The amount is determined using a prescribed method under the legal framework of land acquisition in Bangladesh that includes an applicable multiplier for land, structures, trees, crops, and other loss and damages. Debutter property In accordance with Indian Law, any property absolutely dedicated to Hindu religious or charitable purpose. Deed of transfer A deed of transfer is a legal document that indicates in detail the transfer of a property from one person to another. It also indicates the chain of owners (historical background of ownership and transitions). It serves as one of the proofs of ownership of the property. Deputy Includes, as per Section 2(5) of ARIPA 2017, the DC and Additional Deputy Commissioner Commissioner (ADC), or, where applicable, any officer authorized by the DC. The DC works through its land acquisition (LA) section for LA on behalf of requiring bodies. Deputy Under the Chittagong Hill Tracts (Land Acquisition) Regulation 1958, this is Commissioner of CHT the person so designated and any officer who is specially appointed by the Government of Bangladesh (GoB) to perform all or any of the functions of the DC of the Chattogram Hill Tracts (CHT). [In April 2018, the Government of Bangladesh decided that the English spelling would change from Chittagong to Chattogram to make the name sound similar to the Bangla pronunciation.] Development project A standard development project proforma or proposal (DPP) is used to submit proforma/proposal development project proposals to the Ministry of Planning for approval of implementation. DPPs are used for both foreign-aided projects and projects wholly financed by the GoB. Duplicate carbon The duplicate carbon receipt is the receipt given in the prescribed form receipt (Bangladesh Form No. 222) after collection of government dues other than land tax. Hill District Council This is an autonomous council set up in late 1989 in each of the three hill districts of Khagrachari, Rangamati, and Bandarban under the respective hill district council acts. The councils were strengthened with an expanded scope of authority following the CHT Accord (December 1997) with amendments to the hill district council acts in 1998 and 2000. The inhabitants of these three hill districts comprise significant populations belonging to different minority ethnic groups, each with distinct linguistic and cultural traditions different from the majority population of Bangladesh. 25 Hindu Rule The Indian subcontinent, including present day Bangladesh, was ruled by Hindu kings during the period from 320 BC to 1202 AD. Immovable property This refers to property that cannot be moved from one place to another. It is generally connected to the ground or the land on which it sits. The term immovable property also includes land. By law, any land or any permanent thing affixed thereon is immovable property (Section 2(11) of ARIPA 2017). Implementing Any government department or institution (governmental, quasi-governmental, agency or autonomous organizations) that implements infrastructure development projects for the GoB for public purposes or the public interest. Implementing agencies requiring land for their projects are called requiring bodies. International Bilateral and multilateral development banks operating in Bangladesh financial institutions financing development projects of the GoB, including JICA or the World Bank. Jalmahal A body of water that is submerged at any time of the year or throughout the year, including haors, baors, lakes, ponds, canals, rivers, seas, etc. (para 2(c) of the Jalmahal Management Policy 2009). Jama-Bandi Register A register maintained by a Tehsildar (land officer heading what are now known as union land offices but were previously called Tehsil offices) where tax demand and collection are recorded. The original khatian holder or mutation khatian holder has a holding number or an account known as a Jott number where collection and demand is recorded. Kanungo A subordinate revenue officer, recordkeeper, and examiner. Khas land Khas land is GoB-owned fallow land on which no one has property rights. It is deemed to be available for allocation according to its priorities. It includes land acquired by and in possession of the GoB (Section 3(2) read with Section 2(15) of the State Acquisition and Tenancy Act 1950). Khatian A khatian (record of rights) is a textual land ownership report containing references to tenancy rules, plot number (partial or full), name, father’s name, address of the owner or owners, portion of each owner, the total amount of land, the class and nature of land, location, easement rights, amount of land development tax payable, mode of paying the tax, rights and obligations of the tenants, rent-free status, etc. It is also known as a Sottolipi or Porcha. LA case Land acquisition proceedings as proposed in units of a mauza, a district, or a project. Once it is approved at the local level by the District Land Allocation Committee or the Central Land Allocation Committee, the DC registers the proposal or part of it as units of a mauza, upazila (subdistrict), or district as an LA case with a unique reference number. All proceedings are documented for each LA case for final approval, compensation processing, and taking possession of the land. Bangladesh Land Acquisition Diagnostic Review: 26 Legal and Institutional Framework, Procedures and Practices LA processing plan This is a time-bound action plan for processing a land acquisition under a particular LA case or a number of LA cases in the same district prepared by the DC to make land available for civil works after the payment of compensation for all responsive claims. LA management plan An action plan to be prepared by the requiring body for providing identified support to the acquiring body for expediting the land acquisition for a project. The plan may include provisions for additional staffing and logistics, field support such as transport, allowances for field staff time, stationery, computer and printing aid, and any other support with a commensurate budget to be included and approved with the DPP. Land acquisition The legal and institutional framework on the process, institutional mandates, system and actions for the acquisition of land for development projects in Bangladesh. Land acquisition A proposal made by a requiring body to the DC or the MoL for the acquisition of proposal land for its project. The requiring body prepares the land acquisition proposal based on the actual requirements of the project for greenfield infrastructure and improvement of brownfield infrastructure. It includes a layout plan demarcated on the mauza map showing the boundaries of the land to be acquired, land schedule showing the quantum by location of the land acquisition, and initial information on ownership of the land proposed for acquisition, among others. Land development Land rent/tax imposed by the GoB on its tenants for ownership and use of tax all land at a specified rate under the Land Development Tax Ordinance 1976 (Section 3). Land records Legal documents under the land administration in Bangladesh showing proof of ownership of land. These include khatians, mauza maps, deeds of transfer, mutations, and land tax payment receipts (dakhila). Layout plan Detailed information on the construction and usage of the land, which must be signed by the competent authority. Land transfer notice The transfer of any parcel of land is registered with the Registration Office in the respective jurisdiction of the upazila (subdistrict) through a deed with a stamp for payment of the immovable property transfer tax on the property value. Once the registration is completed, a land transfer notice in the prescribed form is sent to the Assistant Commissioner (AC) (Land) office to update the relevant khatian. Mauza The smallest geographical unit in Bangladesh having legal entity status with a unique number, called a mauza number or Jurisdiction List number. It is roughly comparable to a village. Mauza map A cadastral map of a mauza with constituent plots printed on paper, known as a mauza map with a unique Jurisdiction List number. Mutation Mutation is the process of creating a new khatian by updating the name of the owner of a property upon the transfer of ownership or upon subdivision and amalgamation of landholdings. The AC (Land) working under the DC updates or partially revises the land records through the mutation process (Section 143 of the State Acquisition and Tenancy Act 1950). Definition of Terms 27 Person interested Any person who is claiming or entitled to claim compensation or rehabilitation or both due to the acquisition or requisition of immovable property. Personal law The inheritance of property in Bangladesh is governed by a person’s religion. The Muslim Personal Law (Shariah) Application Act 1937 and The Hindu Law of Inheritance (Amendment) Act 1929 are the regulatory instruments to recognize the religious rules of property rights. Plot no. Each mauza is divided into plots with unique plot numbers (daag no.), also called code numbers. The plot boundary is marked with some physical line, such as a boundary wall in urban areas or an earthen boundary in rural areas. Public land Public or government-owned land is land owned by government bodies, agencies, or government-owned corporations. The MoL has authority over khas (public) land, which includes surplus land that violates the land ceiling law, and other land owned historically by the State throughout the periods of colonial and Pakistani rule. It also includes land surrendered by the zamindars at the time of the abolition of the zamindari system in 1950. Revenue record room Records of ownership and possession of land are prepared through land surveys and reviews of records, including khatians, mauza maps like cadastral surveys, state acquisition surveys, revisional surveys, diara surveys. The most recent surveys done in Bangladesh are stored and preserved in a special document storeroom in the office of the DC of each district called the revenue record room. Citizen services involving revenue record rooms in 21 districts have recently been converted to an e-service. Rehabilitation plan The plan specifies the number of affected families, the method of resettlement before taking possession of land, funding and other related information for relocation and rehabilitation of affected landowners. Replacement cost This is the amount that would be needed to replace an acquired property in the current market at the time of acquisition. It includes the market price plus necessary transaction costs associated with property replacement. Requiring body Implementing agencies of the GoB (governmental, quasi-governmental, (person or or autonomous organizations) or private persons or bodies requiring organization) and proposing an acquisition of land for their projects for infrastructure development, rehabilitation, or improvement (Section 2(8) of ARIPA 2017). Resettlement Replacement of the asset base and rebuilding of livelihoods of affected persons losing their land or source of income and livelihoods in the same or new locations as a consequence of an infrastructure development project. Sairat Mahal Haat, bazaar, fishery, ferry, sand quarry, and any other property under GoB ownership leased out to private parties for revenue under the authority of law (the Sairat Mahals (Management) Ordinance 1959). Bangladesh Land Acquisition Diagnostic Review: 28 Legal and Institutional Framework, Procedures and Practices Schedule of property Information for the identification of the location and quantum of land, including the district, upazila, mauza, Jurisdiction List number, khatian, and plot numbers from the latest survey, the total land area of the plot by class of land, the total area of land to be acquired, and the signature of the concerned officer. Union The smallest rural administrative and local government unit in Bangladesh. Each union is made up of nine wards, comparable to a village. A union parishad administers a union, formed under the local government (Union Parishads) Act 2009. Upazila An administrative region of Bangladesh which functions as a sub-unit of a district, or a subdistrict. Rural upazilas are further administratively divided into union council areas. Vested property The property of the people who left for India during the 1965 Indo-Pakistan war called “enemy property,” later renamed “vested property” in 1972 (Section 2(1) of the Bangladesh (Vesting of Property and Assets) Order 1972). Waqf property Any property dedicated by a person professing Islam, for any purpose recognized by Islamic Law as religious, pious, or charitable and includes any other endowment or grant for the aforesaid purposes, a waqf by user, and a waqf created by a non-Muslim (Section 2(10) of the Waqfs Ordinance 1962). A waqf property requires a registered deed of transfer and must be duly enrolled with the Waqf Administrator, Bangladesh (Section 2(12) of the Waqfs Ordinance 1962). Waqf The permanent dedication by a person professing Islam of any movable or immovable property for any purpose recognized by Islamic Law as pious, religious, or charitable, and includes any other endowment or grant for the aforesaid purposes, a waqf by user, and a waqf created by a non-Muslim (Section 2(10) of the Waqfs Ordinance 1962). Waqf deed Any deed or instrument by which a waqf has been created and includes any valid subsequent deed or instrument by which any of the terms of the original dedication has been varied (See Section 2(11) of the Waqfs Ordinance 1962). Zila Parishad The Zila Parishad (District Council) is a local government institution for a district jurisdiction constituted under the Local Government (Zila Parishad) Act 1988. Half of the members of the council are elected (including members of parliament, upazila chairpersons, chairpersons of municipalities and unions) and half are government officials nominated by the GoB. Definition of Terms 29 Analysis of the Challenges of and Proposals for Strengthening the Country’s Land Acquisition System Chapter Bangladesh Land Acquisition Diagnostic Review: 30 Legal and Institutional Framework, Procedures and Practices Chapter 1 Introduction Bangladesh has experienced a rapid pace of in Bangladesh was carried out by the Social economic growth in the last two decades, with Sustainability and Inclusion team at the World notable achievements across several social Bank office in Dhaka jointly with the Climate development parameters. To ensure sustained Change and Disaster Risk Management team. The higher economic growth, the Government of study attempted to identify underlying constraints Bangladesh (GoB) aims to expand infrastructure- and propose feasible measures for expediting LA related investment in the areas of strategic in line with project timelines while complying connectivity, industrialization, tourism development, with legal and policy requirements. The diagnosis and trade promotion, all of which require a significant recognizes the efforts of the GoB—in updating LA amount of land. However, the compact landmass laws and making investments in the digitalization and high population density of the country make of land records and land management services— land a scarce resource with competing demands. as incrementally conducive to these requirements. Typically, in such a situation, the land requirement for public infrastructure projects is met through 1.1. Background the acquisition of private land or the transfer of _____ public land by the State under the authority of LA for the development and improvement of the law. Age-old legal and institutional legacies infrastructure in the country is contributing to and practices, issues pertaining to institutional the loss of nearly 69,000 hectares of private capacity, and the lack of interoperability between land annually because of an increase in rural departments involved in land administration make settlements, rapid urban development, and the overall land acquisition (LA) process extremely industrialization.1 With land being the primary complicated and lengthy, with the scarcity of land asset for livelihoods and housing as well as a making it even more challenging. This usually symbol of social status for people in Bangladesh, results in inordinate delays in LA, leading to further the acquisition of private land generally aggrieves delays in the implementation of infrastructure them. Just compensation is always a concern, projects and the payment of compensation to while receipt of compensation money on time affected persons. The complexity and challenges in is the most worrisome stress. LA is generally a establishing property rights and ownership of land to identify the correct awardee for compensation is long and cumbersome process, and payment of another significant problem that often arises during compensation takes longer than the stipulated the LA process in Bangladesh. time because of the difficulty in making a final determination on the ownership and possession In view of the challenges encountered by of land. The delay in payment of compensation government agencies in Bangladesh in the LA increases the affected landowners’ costs in terms process for infrastructure projects, including those of opportunity costs and the cost and time spent financed by international financial institutions to actually collect the money. (IFIs), this diagnostic review of the LA system 31 With respect to projects financed by IFIs, constraints in carrying them out. including the World Bank, it is often difficult > Investigate the constraints that are causing for implementing agencies (IAs) of the GoB delays in LA and the payment of compensation. (governmental, quasi-governmental, or autonomous organizations implementing > Identify and elucidate interventions for development projects) to comply with their strengthening and expediting the process in requirements and keep to the planned the immediate term. implementation schedule due to delays in the > Flag potential issues for legal and institutional payment of compensation. For example, in its reforms to accommodate the demand for a evaluation of the LA for coastal embankment more simplified LA system. rehabilitation under the Emergency 2007 Cyclone Recovery and Restoration Project (ECRRP) The thrust of the report is an assessment of the completed in June 2018, the Programming LA process exclusively within the existing legal Division of the Planning Commission under and institutional system in Bangladesh from the Ministry of Planning identified an unusual the perspective of procedural delays. It informs delay in the LA process. In another example, the audiences with respect to the requirements of acquisition of land for one of the 10 subprojects the World Bank on the payment of compensation under the ongoing Coastal Embankment before taking possession of land for civil Improvement Project, Phase 1 (CEIP-1) did not works projects (operational policy (OP) 4.12/ result in the possession of land even three years environmental and social standard (ESS) 5).3 The after initiation of the LA process in November report can be used to inform and guide the GoB 2016. All IAs have similar experiences with LA and its IAs implementing development projects in project implementation. Implementation of involving acquisition of land. There is further scope the World Bank’s Land Governance Assessment to assess the existing LA system’s compliance Framework2 in 2013 also captured a similar with the ESSs, including gaps, customary land picture of LA in Bangladesh. rights, valuation for market price at replacement cost, resettlement, and economic rehabilitation of In short, the existing LA process is an impediment affected vulnerable groups. to infrastructure development in Bangladesh. Thus, there is a growing demand and need to 1.3. Methodology review the legal framework, processes, and _____ institutional capacities with regard to LA to identify the strengths and weaknesses, and the The study was conducted primarily through opportunities to strengthen the system. research on the process of LA for land required by IAs of the GoB for infrastructure development projects. The study team accumulated primary 1.2. Objectives of the Study _____ data during field visits using an array of traditional qualitative data collection instruments such as The overall objective of the study was to assess checklists and consultations with stakeholders. the challenges and identify a mechanism for Analysis of secondary information was based on system strengthening and the scope of needed a review of the available literature on the legal and legal and institutional reform to improve the regulatory framework, existing relevant studies, speed, accuracy, and accountability of the LA and reports. The data collected from the primary process. The specific objectives were to: and secondary sources were analyzed using > Review the existing legal and regulatory mostly descriptive methods, and in some cases, framework, and the steps followed by the narrative analysis. Results of the analysis were GoB for LA. updated and finalized based on feedback from the relevant stakeholders. > Identify the main actors and institutions involved in the process and their specific The study team discussed the key findings with a responsibilities, as well as their capacities and variety of stakeholders by organizing workshops Bangladesh Land Acquisition Diagnostic Review: 32 Legal and Institutional Framework, Procedures and Practices CHAPTER 1 and circulating the preliminary review results 1.5. Purpose, Audience, and among them to obtain feedback. Through the Structure of the Report workshops and feedback provided by stakeholders, _____ it is expected that biases, inaccuracies, and lack The study exclusively examined the LA process, of contextualization have been significantly identified key bottlenecks, and proposed minimized. A summary of the findings and draft measures to strengthen and expedite the process. proposals for strengthening the system were This report proposes immediate-term measures also discussed with the Ministry of Land (MoL) for for accelerating LA for projects within the existing feedback. The detailed methodology of the study legal and institutional framework and identifies is presented in Appendix-B of this land acquisition issues that will require further review, wider diagnostic review (LADR) report. stakeholder consultation, and subsequent law and policy reforms to strengthen the system. 1.4. Key Messages of the Study _____ This report provides the technical basis for guidance on the efficient management of LA The key messages resulting from the study are as under projects and highlights the requirements follows: for modernization of land administration for > The existing system for LA is a bottleneck for simplifying LA. The information and findings of this infrastructure development—it is excessively report are intended for audiences such as (1) public complex, partly because of centuries of IAs (including project implementation units), (2) evolving laws that have not been materially the policy makers of the GoB, and (3) World Bank updated to address the current environment. staff working on the Environmental and Social Framework (ESF) and safeguards. The report can > The way LA is implemented is challenging also serve as one of the key information bases for because of a shortfall in the existing capacity any future investment in the ongoing efforts of the of the relevant institutions under the current GoB to simplify and modernize the country’s land legal framework, an inadequate system for administration system, including the LA process. the management of land records, and a lack of Policy makers and regulators like the MoL, the institutional coordination and interoperability. Ministry of Law and Parliamentary Affairs, the > Establishing the ownership of land to pay Directorate of Registration (DR), the Directorate compensation is difficult due to flawed of Land Record and Survey (DLRS), and the Land or incomplete ownership transfers, the Reform Board (LRB) may seek to review the nonappearance of all successors, contested findings to inform their ongoing and future work claims, and long-pending ownership litigation. on legal and institutional reform. > There are opportunities to improve the LA This report is presented in five chapters that discuss system by optimizing the way the current the study method, the analysis of the existing system works, but a comprehensive reform is system and its challenges, measures to address needed to have a fit-for-purpose system. the challenges, and the scope of possible legal and > LA can be completed following an advance institutional reform. After introducing the study in plan, mobilizing the necessary resources and this chapter, Chapter 2 discusses the country’s technical support to the key agencies involved LA system and the process in practice. Chapter in the process, and supporting the affected 3 describes the overall land administration in landowners in updating their khatian (record Bangladesh, including the method for transferring of rights) as required. property rights, the creation and updating of khatians, and the complexity involved in the > Digitalization and automation of land ownership decision process, one of the primary administration and management, backed by a causes of delays in the payment of compensation. modernized legal and institutional framework, Chapter 4 presents the key challenges in the LA can help expedite the LA process. process, from the frustrations faced by IAs, who Introduction 33 watch the timelines for their projects extended The detailed methodology of the LADR and years longer than planned, to the worries and additional information and analysis are presented concerns of affected landowners waiting for in Appendix-B, and the consultations and compensation. Chapter 5 presents the proposals feedback process are documented in Appendix-C. for improving and strengthening aspects of the LA process, including pertinent issues identified for possible land administration reform. Notes ................................ 1 Shahiduzzaman Khan, “Going Vertical to Stop Farmland Depletion,” The Financial Express, March 21, 2020, https:// thefinancialexpress.com.bd/views/going-vertical-to-stop-farmland-depletion-1584803294, accessed July 20, 2020. 2 The Land Governance Assessment Framework is a diagnostic tool used by the World Bank in its client countries to assess the status of land governance at the country level. 3 The World Bank Safeguards Operational Policy on Involuntary Resettlement (OP 4.12) and the Environmental and Social Standard of the new Environmental and Social Framework on Land Acquisition, Restriction on Land Use and Involuntary Resettlement (ESS5) require that project proponents ensure the payment of compensation money to owners of acquired land at full replacement cost before dispossession for project use. The resultant physical displacement (relocation, loss of residential land, or loss of shelter) and/or economic displacement (loss of land, assets or access to assets, leading to loss of income sources or other means of livelihoods) also must be supported for replacement of the asset base and income stream, proportionate to the severity of the impact and vulnerability of the affected persons. An all-inclusive consultative process and grievance mechanism is to be followed in LA and resettlement management. Bangladesh Land Acquisition Diagnostic Review: 34 Legal and Institutional Framework, Procedures and Practices Chapter 2 Land Acquisition System and Practices This chapter discusses the country’s LA system, present, these interim guidelines, in conjunction including the legal and regulatory framework, with the Immovable Property Acquisition Manual the institutional framework and responsibilities, 1997 (IPA Manual 1997), are followed for LAs. legal proceedings, and the respective institutions’ The governing law for the acquisition of property processes in practice. for public purposes in CHT is the Chittagong Hill Tracts Regulation (Land Acquisition) 1958 (CHTR 2.1. Legal and Regulatory 1958) as amended in 2018 with the issuance Framework of the Chittagong Hill Tracts (Land Acquisition) _____ Regulation (Amendment) Ordinance 2018, which The Constitution of Bangladesh stipulates the right was later repealed by the Chittagong Hill Tracts to the ownership of property subject to restrictions (Land Acquisition) (Amendment) Act 2019 (CHTA imposed by law. It lays down the principle for 2019). (Note that all references to CHTR 1958 in protection of the right to property. Per Articles 42- this report are to its amended version.) 43, it recognizes that “Subject to any restrictions There are separate legal procedures for imposed by law, every citizen shall have the right the acquisition of bestowed land (the Waqfs to acquire, hold, transfer or otherwise dispose of Ordinance 1962) and for the takeover of land property, and no property shall be compulsorily acquired, nationalized or requisitioned save by with delayed acquisition formalities in the authority of law.” Therefore, the GoB has the case of emergency embankment and drainage power to acquire private property (land including construction (the Embankment and Drainage Act buildings, trees, crops, and other physical assets 1952). Rajdhani Unnayan Kartripaksha (RAJUK) thereon) for public purposes or the public interest (the capital development authority) has the under the authority of law, by paying compensation authority to acquire land by itself under the Town and/or resettlement support (per Section 2(1) of the Improvement Act 1953 (TIA 1953). Acquisition and Requisition of Immovable Property As part of the LA process, compensation must be Act 2017 (ARIPA 2017)). paid to the identified legal owners. The amount The principal legal instrument for property of compensation for the acquired property acquisition and requisition in Bangladesh except (land, structures, trees, crops, fish stock, fruit, in the three hill districts, also known as the and any other damages incurred during the Chattogram Hill Tracts (CHT), is ARIPA 2017. The process of acquisition) is determined as per the Acquisition and Requisition of Immovable Property provisions of the applicable laws (ARIPO 1982, Ordinance 1982 (ARIPO 1982) is still applicable for ARIPA 2017, or CHTR 1958). The GoB enacted acquisition cases undertaken before September ARIPA 2017 and revised CHTR 1958 to address 21, 2017. Rules for implementation of ARIPA 2017 the changing needs of the times in terms of are still in development, but the MoL issued interim compensation, complaint management, and implementation guidelines on December 10, 2017, special circumstances for the acquisition of referred to in this report as the ARIPA Circular. At sensitive land (Box 2.1). 35 Box 2.1. Summary of Changes to the LA Legal Framework Building on the provisions and conditions of the former LA law, ARIPO 1982, the GoB enacted a new LA law (ARIPA 2017) on September 21, 2017 to provide a more just and timelier resettlement of people affected by LAs. The new law increased the rate of compensation for affected people from an additional 50 percent of the assessed market price of property and other losses (per ARIPO 1982) to an additional 200 percent of the assessed market price for land and 100 percent for non-land property and other losses for LAs by government agencies. For LAs by private organizations for public interest projects, compensation for land is an additional 300 percent of the assessed market price. Though not defined, ARIPA 2017 requires the rehabilitation of people affected by LA, which was not a provision under ARIPO 1982. The new law allows the acquisition of land used for religious or cultural purposes when it is indispensable to the public interest. It also introduced a mechanism to avoid fraudulent claims for compensation through screening during the joint listing of property. In 2018, CHTR 1958 was revised to make it equivalent to the ARIPA 2017 compensation provisions. Before the revision, the additional compensation under CHTR 1958 was only 15 percent of the assessed market price of the acquired property. 2.2. Institutional Framework for RB prepares an LA proposal with other relevant documents demonstrating the public purpose and Land Acquisition _____ interest, obtains environmental clearance of the LA proposal from the Department of Environment, LA is centrally controlled by the GoB through the has it approved by its administrative ministry (the MoL under the disposition of the Prime Minister’s ministry or division of the RB), and then submits it Office (PMO). Under the authority of law, the to the DC. Deputy Commissioner (DC) in the respective district jurisdiction is mandated to acquire property for The Central Land Allocation Committee (CLAC) public purposes or the public interest (the DC or headed by the Minister for Land and the District higher level authority mandated to acquire land is Land Allocation Committees (DLACs) headed by commonly referred to as the acquiring body (AB) in the respective DC are responsible for according the LA process). The process starts when an IA (a first approval of the LA at the local level. Figure 2.1 governmental, quasi-governmental, or autonomous provides the basic institutional arrangements for organization) requires land for an infrastructure the processing and approval of LAs for RBs. The project (these IAs are commonly referred to as structure and membership of the DLACs and CLAC the requiring bodies (RBs) in the LA process). The are specified in the IPA Manual 1997 (para 27). Figure 2.1. Basic Institutional Arrangements for LA PMO Administrative MoL Ministry CLAC Requiring Body DivC DC DLAC Source: World Bank. Bangladesh Land Acquisition Diagnostic Review: 36 Legal and Institutional Framework, Procedures and Practices CHAPTER 2 The DC receives support from several other public Authority, Civil Aviation Authority of Bangladesh, institutions in the assessment and valuation of Bangladesh Economic Zones Authority, the property proposed for acquisition. The DC Bangladesh Export Processing Zones Authority, obtains data on the market price of the land Ministry of Health, Ministry of Education, National from the Sub-Registrar’s Office (SRO) in the Housing Authority, city development authorities respective upazila under the DR of the Ministry (e.g. RAJUK, Chattogram Development Authority of Law and Parliamentary Affairs, and on the (CDA), Khulna Development Authority (KDA)), productivity and price of crops and fruit from city corporations and municipalities, Power Grid the Department of Agricultural Extension and Company of Bangladesh, Bangladesh Rural the Department of Agricultural Marketing of Electrification Board, Electricity Generation the Ministry of Agriculture. The DC requests Company of Bangladesh, the PWD, and the the District Public Works Department (PWD) to Ministry of Defense. determine the market price of acquired physical structures, and the Divisional Forest Office (DFO) Identification, planning, design, and civil of the Bangladesh Forest Department (BFD) works construction are common activities under the Ministry of Environment, Forest, and in implementing a development project. A Climate Change to determine the market price of special unit is formed and operated under the acquired trees and plants. The DC requests the respective agencies to implement infrastructure Department of Public Health Engineering (DPHE) development projects. Given the limited available to determine the market price of affected drinking staffing with appropriate expertise within the water sources (tube wells). The Department of IAs, project implementation units often use the Fisheries (DoF) of the Ministry of Fisheries and services of national and international technical Livestock provides yields and market prices for consultants for these tasks. fish stocks. The RBs are responsible for identifying the The need for input from so many different proposed land for their projects and acquiring agencies on the price of different elements is it via the DC office where the project is located. also a factor contributing to delays in determining They prepare and submit LA proposals to compensation and payments. the DC for acquisitions on their behalf. The activities involved in preparing an acceptable The DC, DivC, and MoL have a role in final approval LA proposal are (1) identification of the affected of the LA depending on the size of the acquisition mauzas; (2) collection of the relevant mauza and if any objections are raised (see Section 2.3.3 maps as per the latest settlement records; (3) for further details). demarcation of the boundaries of the right of way; (4) identification of private land, khas land, 2.3. Institutional Responsibilities and previously acquired land; and (5) collection within the Land Acquisition of khatians as per the latest settlement survey Process and mutation khatians in case the current legal _____ owner is different from the recorded owner. Copies of the khatians and necessary land 2.3.1. The Requiring Body records are available from the revenue record room of the respective DC office. The IAs requesting the acquisition of land for their projects are the RBs in the LA process. The key The RBs submit relevant information about the RBs under the GoB involved in infrastructure LA, such as the proposed land by administrative development include the Roads and Highways location, land schedule, category of land, impact Department, Bangladesh Railway, Bangladesh on residential households, businesses, etc., Bridge Authority, the Local Government to their ministry or division for administrative Engineering Department, Bangladesh Water approval of the proposed LA. Generally, the Development Board, Bangladesh Land Port administrative ministry or division reviews the LA Authority, Bangladesh Inland Water Transport proposal, certifies the necessity for the proposed Land Acquisition System and Practices 37 land, and issues an administrative approval of 2.3.3. Institutions Approving Land Acquisition the acquisition. The acquisition must be in the Cases development project proposal (or proforma) (DPP) approved by the Executive Committee of At the initial stage of the LA process, local- the National Economic Council or the Planning level disclosure, consultation, and concurrence Commission of the Ministry of Planning. occur through a joint, onsite feasibility review resulting in a feasibility verification report (FVR), The RBs generally use the services of technical and approval by the DLAC or the CLAC, as the service providers and survey organizations to do a case may be. The DC is authorized to give final land survey and prepare the LA plans as they often approval to LA proposals for land with a size of up do not have adequate technical staff or logistical to 50 standard bigha (equal to 16.50 acres or 6.75 resources. This also applies to preparation of LA hectares), provided there is no objection against proposals acceptable to the DC office. the proposal raised during the opening of the LA case. If there is an objection, the DC conducts a 2.3.2. Institutional Mandate and Role of the hearing as part of its due diligence and forwards Acquiring Body the proposal with the case records to the DivC for review and final approval. All LA proposals The office of the DC heads the district for land with a size greater than 50 standard administration and is a key organ of the GoB. The bigha are forwarded to the MoL for review and DC office has a separate LA section headed by an final approval. The MoL issues the approval after Additional Deputy Commissioner (ADC) (Revenue) obtaining approval from the PMO. or ADC (LA). This section is staffed with one, or in large districts, several LA officers (LAOs), an DLAC/CLAC: The CLAC provides the first approval Additional LAO, kanungos, surveyors, chainmen, of LA proposals for areas under its jurisdiction, draftspersons, and tracers. A full-time ADC (LA) which include the city corporation of Dhaka and is available only in larger districts like Dhaka, its vicinity, and the city corporations of Dhaka Khulna, or Chattogram, with the ADC (Revenue) north and south and their vicinities, and the city taking on the role of the ADC (LA) in other districts. corporations of Barisal, Chattogram, Cumilla, Some districts have one or more Additional LAOs Gazipur, Khulna, Mymensingh, Narayanganj, (a non-cadre post). The positions of kanungo, Rajshahi, Rangpur and Sylhet. The DLAC provides surveyor, and chainman are common in every this approval for the rest of the country (Section district. 79 of TIA 1953). The DC heads the DLAC and the Minister for Land chairs the CLAC. CLAC/DLAC The DC heads the DLAC and the District Site approval is a requirement to open an LA case Selection Committee for local approval of the in areas under their respective jurisdictions. In requisition and acquisition of land and buildings CLAC areas, formal approval is also required from for public purposes. For city corporations, other agencies, such as the city development divisional headquarters, and the capital city of authorities like RAJUK, KDA, CDA, and the Rangpur Dhaka, the CLAC, headed by the Minister for Land, Development Authority (RDA), as applicable. is responsible for local approval of LAs. The DC is mandated by law to make an assessment of the Deputy Commissioner: The DC is mandated by quantity of, and compensation due for, the land law to process all the activities necessary for the and property acquired by the GoB, and to pay acquisition of land on behalf of the RBs. The DC compensation money for such assets. has the power of final approval for LA cases up to 50 standard bigha where no objections have been raised. Bangladesh Land Acquisition Diagnostic Review: 38 Legal and Institutional Framework, Procedures and Practices CHAPTER 2 Divisional Commissioner: The DivC has a separate If the current class of land is different than the setup for LA management under the Additional recorded class, it is verified by the ADC (Revenue) Divisional Commissioner (Revenue) comprising and recognized by the DC through a predefined a kanungo, a surveyor, and support staff led by due process. a Senior Assistant Commissioner. The power of final approval of LA cases under Section 5(3) The market price of the land by mauza and of ARIPA 2017 vests with the DivC when the DC class within an upazila appears in the sale receives an objection under Section 5(1) of ARIPA deed registered with the upazila-level SRO in 2017 from any landowner affected by a proposed connection with the transfer of land ownership. acquisition, and the LA proposal is for land with a Registration of sale deeds is executed following size of up to 50 standard bigha. the prescribed minimum prices of land by category by mauza jurisdictions—popularly known as the Ministry of Land: The MoL has the authority for mauza rates. The physical assets are reassessed reviewing and approving LA cases exceeding 50 by authorized valuation agencies like the PWD standard bigha of land. The DC forwards the LA for housing and other infrastructure, the DFO for cases with all records of proceedings, together trees, the Department of Agricultural Extension with its opinion, to the MoL, which in turn seeks and the Department of Agricultural Marketing for approval from the PMO by forwarding the case standing crops, the DoF for fish stocks, the DPHE records along with its assessment. for drinking water tube wells, and the Ministry of Industry for industrial machinery. 2.3.4. District Councils of the Three Hill Districts The DC pays compensation money for the land, The Hill District Councils (HDCs) of Khagrachari, and the structures, trees, crops, fish stocks, Rangamati, and Bandarban districts have a role businesses, and industries present on the in the LA process in CHT. IAs requiring land for affected land. The total quantity of land under their projects in CHT are required to obtain prior acquisition from an individual owner or a group of consent from the respective HDC to include with owners is obtained from the LA plan and khatians the LA proposal submitted to the DC office. collected from the revenue record room, and verified with available title documents produced 2.3.5. Institutions Involved in the Assessment by the affected owners and users. Subsequently, and Valuation of Acquired Assets the current category of land and any property The DC, with representatives from the RB, carries therein are recorded in the JVFB. The quantity, out an onsite verification of the land proposed class, and category of physical assets affected for acquisition with regard to the current use by the LA are reassessed by authorized valuation and class of the land, and the physical assets, institutions like the PWD, the DFO, the DoF, and businesses, and livelihoods resources on the land the Department of Agricultural Extension to by category and use in the presence and with determine their market prices following a request the participation of the affected owners of the by the DC. land and property. The LAO, on behalf of the DC, leads the joint verification. All three parties—the 2.4. Land Acquisition Proceedings _____ DC/LAO, the RB, and the affected owners—sign the joint verification field books (JVFBs). There The DC in the respective district jurisdiction is generally no budget provision with the RBs processes LAs on behalf of the RBs upon their for field allowances, transportation, and other submission of an LA proposal. ARIPA 2017 logistical support except in the case of the three regulates LAs for the entire country except the hill districts, where special allowances for staff three hill districts. The proceedings accommodate time in the field are provisioned in the DPP. special requirements for the acquisition of waqf land, emergency acquisitions, and the acquisition The joint verification provides a gross estimate of of land for housing developments by RAJUK. the assets to be acquired subject to confirmation through appropriate processes at later stages. Land Acquisition System and Practices 39 2.4.1. Land Acquisition Proceedings under the record of the proceedings, to the designated ARIPA 2017 approving authority (Section 5(3) of ARIPA 2017). ARIPA 2017, in conjunction with the ARIPA Circular, Final decision: The approving authority (DC, DivC, stipulates LA proceedings as follows: MoL) makes the final decision (Sections 6(1)(a) and 6(1)(b) of ARIPA 2017). For LAs up to 50 standard Proposal: An LA proposal is prepared in the bigha, if there are no objections raised against prescribed format. It comprises a detailed the acquisition, the DC generally makes the final description of the project for which the land is decision on acquisition (Section 5(3) of ARIPA required, the schedule of land proposed to be 2017). If there are objections, the DivC makes the acquired, and a letter of guarantee of payment of final decision. For LAs over 50 standard bigha, the costs of acquisition, accompanied by several the MoL makes the final decision after obtaining documents in support of the proposal. clearance from the PMO based on the LA cases forwarded by the DC. Action plan: The DC then prepares a time-bound action plan to carry out the acquisition process in Notice to Persons Interested: After the designated compliance with the provisions of ARIPA 2017 and authority makes a final decision regarding the the ARIPA Circular, provided the LA proposal and acquisition of any property, the DC posts a public other relevant documents are found to be in order. notice as per the Kha Form (the ARIPA Circular) at designated places and serves it to the latest Report: Designated officials then conduct a titleholder/owner and any PIs (Sections 7(1), physical inspection of the proposed land, prepare 7(2), 7(3), 7(4) of ARIPA 2017 and Clause 18 of the an FVR, and submit the report to the DC (Clause ARIPA Circular). PIs then appear before the DC No. 4 of the ARIPA Circular). with documents in support of their ownership and Preliminary notice: The DC accepts the LA possession of land. proposal and the FVR, and provides them to the Compensation: The DC determines the DLAC or CLAC (as appropriate) for local approval. compensation amount and its distribution based Upon approval, the DC records (by video, still on an array of factors (Sections 8(1), 8(4), 9(1), 9(2), pictures, or any other technology) the nature 9(3), 9(4), and 10 of ARIPA 2017 and the ARIPA and condition of the land, the infrastructure built Circular). The market value of the property and on it, and the crops and trees on it, and prepares other assets on the property, damage to other a report on this basis. The DC then has a notice property, loss of income, and displacement are (Section 4(1) of ARIPA 2017) as per the Ka Form principal determinants of the compensation (the ARIPA Circular) published at specified places amount. Information from the latest mauza on or near the property. record about persons likely to have an interest Joint listing: The DC then prepares jointly with in the property determines the distribution of the RB and the Persons Interested (PIs) a list of compensation. The DC then sends an estimate of property to be acquired (Sections 2(12) and 4(3) the compensation award to the RB, which in turn (b) of ARIPA 2017). Generally, places of religious places the funds with the DC. worship, graveyards, and crematoriums cannot Payment: Upon the receipt of funds from the be taken in an acquisition (Section 4(13) of ARIPA RB, the DC notifies the awardees (the lawfully- 2017). entitled PIs) (Section 8(3) of ARIPA 2017) and pays Objection against acquisition: Any PI may file compensation to them before taking possession an objection with the DC against the acquisition of the property (Sections 11(1) and 11(3) of ARIPA proceedings (Section 5(1) of ARIPA 2017). The 2017). After completing the compensation DC hears the objection in the presence of the payment process, the DC takes possession of appellant (or an agent), and prepares a report the property and publishes a declaration of the after making the necessary inquiries (Section acquisition in the Official Gazette (Sections 13(1) 5(2) of ARIPA 2017) and submits it, along with and 13(2) of ARIPA 2017). Bangladesh Land Acquisition Diagnostic Review: 40 Legal and Institutional Framework, Procedures and Practices CHAPTER 2 If the RB does not deposit the compensation can increase an award decided by the Arbitrator amount, the acquisition proceedings stand abated a maximum of 10 percent. In both the cases, the and a declaration by the DC to that effect is aggrieved awardee will receive the compensation published in the Official Gazette (Section 14(1) of with any applicable increase plus 10% annual ARIPA 2017). The DC may revoke all acquisition interest for the period from the date the original proceedings before payment of compensation award was announced or paid with an objection to on approval from the GoB and will publish a the date the revised payment is made or ordered notification to that effect in the Official Gazette to be made per the verdict of the Arbitrator or (Section 14(2) of ARIPA 2017). When any Appellate Tribunal, as the case may be. proceedings stand abated or are revoked, the DC determines the damages suffered or costs Jurisdiction of the court: Unless expressly stated incurred by the owner and makes an award of in ARIPA 2017, no court is allowed to entertain compensation on that basis (Section 14(3) of any suit or application against any order or action ARIPA 2017). The DC gives notice of the award to taken under ARIPA 2017, or grant any injunction in eligible PIs, which is delivered following specified respect of any action taken or to be taken under it procedures (Sections 8(3), 42(2) and 42(3) of (Section 47 of ARIPA 2017). ARIPA 2017). Timeline for LA process and payment: There In circumstances where compensation cannot be is no overall timeline for the completion of LA paid (for a number of specified reasons) the DC cases under ARIPA 2017, although time frames deposits the compensation amount in the Public for specific steps are provided. Based on these, Account and proceeds with the acquisition (Article where there are no delays and some steps 84(2) of the Constitution, and Section 11(2) of ARIPA are performed simultaneously, a conservative 2017). Persons entitled may be paid compensation estimate of the timeline to complete an acquisition from the Public Account upon presentation of for GoB-declared nationally-important projects is proof of interest and title.1 12 months, and 14 months for general development projects. According to the legally defined process, Objection against compensation award: ARIPA the maximum time span from first notification 2017 contains elaborate provisions for a person to payment of compensation could be up to 19 who is aggrieved about an award of compensation. months for general development projects and A person who finds the award made by the DC 16 months for nationally-important fast-tracked unacceptable may apply to the Arbitrator for projects (Table 2.1). However, in most cases, revision of the award (Section 29 of ARIPA 2017), activities like joint verification and preparation of within a specified period of time (Sections 30(1) awards and estimates cannot be completed within and 30(2) of ARIPA 2017). A person not satisfied the time defined under the law. For example, the with the Arbitrator’s decision may appeal to the law specifies that payment of compensation must Arbitration Appellate Tribunal (Sections 36(1) be completed within 60 working days from when and 36(2) of ARIPA 2017), whose decision is final funds are provided by the RB to the DC. However, (Section 36(4) of ARIPA 2017). The Arbitrator can in practice, the payment process usually takes increase an award made by the DC a maximum more time because of the difficulty in determining of 10 percent, and in turn, the Appellate Tribunal ownership of the land. Land Acquisition System and Practices 41 Table 2.1. Timeline for LA Processing up to Payment of Compensation Time for Action (working days) Shortened Duration (no Maximum Duration per Key Action Steps Start (in delays and some steps the Law order of starting simultaneously) days) Min Max Min Max First notification under Section (u/s) 4(1) 0 0 0 5 5 of ARIPA 2017 Objection u/s 5(1) 5 15 15 20 20 Objection hearing u/s 5(2) 5 15 30 20 35 Joint verification u/s 4(3) Kha & Section 5 7 15 20 35 8 of ARIPA Circular Final approval by DC/DivC u/s 6 35 15 30 50 0 Final approval by MoL u/s 6(1) 35 60 60 0 95 Review of claims on acquired property 35 7 15 50 95 u/s 7(2) Valuation and award/estimate u/s 8(5) 35 15 30 50 95 Fund request and placement u/s 8(4) 50/95 120 120 170 215 Notification of award u/s 8(3) 170/215 7 7 177 222 Payment of compensation u/s 11(1) 170/215 60 60 237 275 Total working days 321 382 237 275 Total time in months (20 working days/month) 16 19 12 14 Source: Estimate by the study team as per ARIPA 2017 and the ARIPA Circular. Note: “Min” is for nationally-important projects and “Max” is for general development projects. 2.4.2. Acquisition of Waqf Land Land under a waqf is generally not acquired by the State. However, procedures exist for the The Waqfs Ordinance 1962 defines a waqf as the acquisition of waqf land, if required2 for public permanent dedication by a person professing purposes or the public interest. Where any waqf Islam of any movable or immovable property for property is acquired under ARIPA 2017, the any purpose recognized by Islamic Law as pious, compensation money payable for such property religious, or charitable. It also includes any other is paid to the Waqf Administrator and deposited endowment or grant for the aforesaid purposes, in the Waqf Fund (Section 85 of the Waqfs such as a waqf by user and a waqf created by Ordinance 1962). a non-Muslim. When more than 50 percent of the net available income of a waqf is exclusively 2.4.3. Acquisition of Land in Emergencies used for religious or charitable purposes, it is deemed to be a public waqf within the meaning Construction of embankments and drainage of Section 85(1)(e) of the Non-Agricultural structures in emergency situations is governed Tenancy Act 1949 and is deemed to be a trust by the Embankment and Drainage Act 1952 for public purposes of a charitable or religious (EDA 1952). The act pays special attention to the nature within the meaning of Section 92 of the acquisition of land for the construction of dams Code of Civil Procedure 1908. and sewerage systems, although the acquisition itself is governed by ARIPA 2017. The process is briefly described below. Bangladesh Land Acquisition Diagnostic Review: 42 Legal and Institutional Framework, Procedures and Practices CHAPTER 2 Engineer’s authority: EDA 1952 defines the term Agriculture Development Corporation and the “engineer” and confers significant responsibilities Local Government Engineering Department are on the engineer in relation to embankment or responsible for drainage and irrigation canals in drainage systems (Sections 2(d) and 7 of EDA 1952). the country. It is noteworthy that EDA 1952 gives the engineer or project director the authority to issue an order 2.4.4. Land Acquisition in the Hill Districts that any such act or work or modification thereof The principal regulatory framework for LA in CHT may be done or executed without prior reference is CHTR 1958. The DCs of the three hill districts— to any superior authority (Section 13 of EDA 1952). Khagrachari, Rangamati, and Bandarban—are Temporary construction: EDA 1952 contains empowered to acquire land by issuing a written provisions for a person to request that the order (Section 3(1) of CHTR 1958) if the land is engineer or any person appointed by the engineer required for any public purpose. The respective construct a temporary roadway over, or temporary DC then either serves an order on the PIs (Section watercourse through, any public embankment, or 3(2) of CHTR 1958) or publishes it as a public a temporary dam in any embanked river or public notice at a convenient place in the locality if the watercourse. The applicant must pay for the work DC considers it too time consuming to serve done (Sections 19(1) and 19(3) of EDA 1952). copies of the order individually on all PIs. The land vests in the GoB as soon as the order is Emergencies: Engineers can take immediate served or published, and the DC is entitled to take measures to execute emergency work when they possession of the land by using such force as may deem that there is an emergency and any delay be necessary (Section 3(3) of CHTR 1958). in the execution of work relating to embankment or drainage would lead to grave danger to life or Compensation: The procedure for determining property (Section 24 of EDA 1952). and paying compensation is governed by CHTR 1958 and is practically the same as under ARIPA Acquisition: When any land is required for 2017. Compensation under the original CHTR completing emergency work that has already 1958 was much lower, 15 percent of the market commenced, and the DC is of the opinion that the price determined by the GoB using the registered proceedings for acquisition would cause delay, land transaction values. CHTA 2019 was primarily the DC will issue a proclamation stating that the enacted to align the compensation amount for specified land vests absolutely in the GoB or CHT with the rest of the country’s. the concerned authority, which may take actual possession of the land (Section 32 of EDA). Such Land under the control and jurisdiction of the acquisition will be subject to compensation. If the Hill District Councils: Per Section 64(1)(b) of each execution of any work under EDA 1952 affects any of the Khagrachari HDC Act 1989, Rangamati HDC land or property other than the ones acquired, Act 1989, and Bandarban HDC Act 1989, land, the affected person may petition the DC for hills and forests under the control and jurisdiction compensation. The determination of compensation of any HDC of Khagrachari, Rangamati, or will be done in accordance with the provisions of Bandarban cannot be acquired by the GoB ARIPA 2017 (Sections 32, 33, and 35 of EDA 1952). without discussing it with the concerned HDC and obtaining its approval. As per the three HDC Acts, Permanent construction: Although the the DC obtains preapproval from the concerned acquisition itself is governed by ARIPA 2017, HDC before finalizing the LA. the provisions of EDA 1952 deal with matters relating to the execution of embankment and The main distinctions in the LA legal framework drainage structure construction in emergency between CHT and the mainland are: situations. The Bangladesh Water Development > Relevant laws: Currently, LA is governed Board is responsible for flood control and water mostly by ARIPA 2017 and the ARIPA resource management through embankment Circular on the mainland, and by CHTR 1958 and drainage systems, while the Bangladesh in CHT. Land Acquisition System and Practices 43 > Permission from the Hill District Councils: be an acquisition for public purposes within the Land in CHT cannot be acquired without meaning of ARIPA 2017, and the provisions of prior permission from the respective HDC. ARIPA 2017 apply to all such proceedings (Section On the mainland, a no-objection certificate 79 of TIA 1953). By using the powers of acquisition from RAJUK, KDA, CDA, RDA, and any provided to it under TIA 1953, RAJUK has acquired other local authority must be submitted land for its Purbachal New Town Project, which is (Clause 1 of the ARIPA Circular) along with considered to be the largest planned township in the LA proposal (depending on the project/ the country.3 circumstances). 2.4.6.Resettlement of Displaced Households > Objection to an acquisition: Under ARIPA 2017, an objection to an acquisition can be ARIPA 2017 is an improvement over ARIPO 1982. filed with the DC within 15 working days Rehabilitation was not part of the 1982 ordinance. from the issuance of the notice of acquisition The ARIPA Circular requires submission of a (Section 5(1) of ARIPA 2017). Land in CHT rehabilitation plan to the DC along with the LA vests in the GoB (subject to permission from proposal and specifies the information to be included the HDC) as soon as a copy of the order in the plan (the number of affected households of acquisition is served or published as a that will be physically displaced, procedures for notice under CHTR 1958 (Section 3(3) of rehabilitation of the displaced households before CHTR 1958). dispossession of land, budget, and other relevant provisions and procedures). However, resettlement > Recourse against the determination of a plans in other countries, for instance in India4 compensation award: An appeal against a and Australia5, are more detailed and specific than in compensation award made by the DC in CHT Bangladesh, and therefore ensure better protection can be lodged with the DivC of Chattogram of the interests of families physically displaced within a prescribed time limit (Section 5(1) of because of an LA. It is expected that the upcoming CHTR 1958). The PIs on the mainland may rules for implementation of ARIPA 2017 will provide apply to the Arbitrator within a prescribed more details. time limit for revision of the award (Section 30(1) of ARIPA 2017). In turn, an appeal of 2.5. The Land Acquisition Process the Arbitrator’s decision can be made to the in Practice Arbitration Appellate Tribunal (Section 36(1) _____ of ARIPA 2017). The study team examined recorded LA cases in several districts from beginning to end to identify 2.4.5. Acquisition of Land by RAJUK the causes of delays in LA. The process followed RAJUK has the power to acquire land (TIA 1953) in practice is as derived from the law. Bottlenecks within its jurisdiction, largely in the capital city were found in processing notices, joint verification, of Dhaka and its adjacent areas. There are and assessment of prices of structures and trees. two ways that RAJUK can acquire land under Despite the legal provisions on how long joint TIA 1953: (1) acquisition by agreement and (2) verification and price estimation will take, those compulsory acquisition. RAJUK may enter into time frames can rarely be met. When the land an agreement with any person for the purchase, to be acquired exceeds 50 standard bigha, the lease, or exchange of any land or any interest case record along with other documents must be in such land that RAJUK is authorized to acquire sent to the MoL for final approval. This procedure (Section 78 of TIA 1953). It may also make a also takes additional time. There is no practical compulsory acquisition of any land or interest in oversight by higher authorities unless there is a land by purchase, lease, exchange, or otherwise. request. It was found that LA cases on average However, such acquisition must be deemed to took two years to complete. Bangladesh Land Acquisition Diagnostic Review: 44 Legal and Institutional Framework, Procedures and Practices CHAPTER 2 The PWD and the BFD, the two key agencies that 2.5.1. Case Example of Land Acquisition in CHT take part in price assessment, informed the team that they cannot spare the required staff for this Table 2.2 presents a case example of LA for the task since they are overburdened with their own Second Chittagong Hill Tracts Rural Development construction and maintenance work. The current Project (CHTRDP-2) in Rangamati, one of the staffing level in all government offices is the same three hill districts. The case records of LA for as what was allocated in the 1980s, while over the CHTRDP-2 show that the entire LA process time, the actual work has increased substantially, took about two years to complete. However, the with an increased number of development compensation payment was completed within 12 projects. Staffing at the DC office is equally months from the date of the first notification and inadequate and cannot keep up with the workload eight months from the date of placement of funds owing to an increase in LA cases. with the Rangamati DC. A total of 27.23 standard bigha of land was acquired under LA Case No. 04((D)/2014-15 (321). Land was acquired for the Ministry of Chattogram Hill Tracts Affairs. Table 2.2. Timeline for LA Processing up to Payment of Compensation No. Procedure Date 1 Submission of proposal November 2014 2 Approval from the HDC Not obtained 3 DLAC March 2015 4 Preliminary notice January 2016 5 Joint verification February 2016 6 Assessment by the BFD, the PWD May 2016 7 Estimate preparation May 2016 8 Requisition to the RB June 2016 9 Deposit of money June 2016 10 Compensation distribution completed January 2017 11 Land handover January 2017 Source: Data collected by the study team from the CHTRDP-2 authority during field tours of Rangamati and Chattogram, February 2020. 2.5.2.Case Examples of Land Acquisition in the of first notification to the start of compensation Southwest Coastal Region payments varied greatly. The quickest turnaround was 10 months (five LA cases), another three Table 2.3 illustrates the long delays that can cases took 14-18 months, while the other six sometimes occur in the LA process. This is an cases took a lengthy 24-29 months just to start example from a project in coastal Bangladesh, compensation payments. In addition, the payment Component C of the ECRRP, implemented by the process itself is often protracted, with landowners Bangladesh Water Development Board with World needing time to produce documentation to prove Bank financing, which was done under ARIPO their legal ownership of the acquired property. 1982. The amount of time required from the date Land Acquisition System and Practices 45 Table 2.3. ECRRP LA Cases, Time Between Notice u/s-3 and Notice u/s-7 for LA (ARIPO 1982) Date of Service of Notice Name of No. LA Case No. Polder ID District u/s 3 u/s 6 u/s 7 1 06/2016-2017 Apr 2, 2017 Sep 24, 2017 Feb 12, 2018 2 07/2016-2017 39/1B Apr 2, 2017 Sep 24, 2017 Feb 12, 2018 3 Pirojpur 08/2016-2017 Apr 2, 2017 Sep 24, 2017 Feb 7, 2018 4 09/2016-2017 Apr 2, 2017 Sep 21, 2017 Feb 8, 2018 39/1C 5 10/2016-2017 Apr 2, 2017 Sep 21, 2017 Feb 14, 2018 6 Patuakhali 12/2014-2015 55/3 Jan 12, 2015 Jul 27, 2016 May 21, 2017 7 13/2014-2015 Jan 12, 2015 Jul 27, 2016 May 21, 2017 8 16/2014-2015 Jan 12, 2015 Jul 27, 2016 May 22, 2017 9 03/2015-2016 Jan 26, 2016 Apr 10, 2017 Jan 14, 2018 10 04/2015-2016 Jan 26, 2016 Apr 10, 2017 Jan 14, 2018 11 05/2015-2016 Jan 26, 2016 Apr 10, 2017 Jan 14, 2018 12 02/2015-2016 Apr 28, 2016 Mar 6, 2017 Oct 31, 2017 13 Barguna 03/2015-2016 41/7B Apr 28, 2016 Mar 6, 2017 Aug 3, 2017 14 04/2015-2016 Apr 28, 2016 Mar 6, 2017 Jul 31, 2017 Source: RAP Implementation Completion Review, Component C, ECRRP, June 2018. Under CEIP-1, four LA cases (12/16-17, 13/16- before the notice of award was issued under 17, 14/16-17, and 15/16-17) were started for the Section 7 of ARIPO 1982. As of June 2020, acquisition of land in Pirojpur District for the payment of compensation money had only started construction of a circular embankment of Polder under LA Case No. 15/16-17. Detail activities for 39/2C. The first notification was issued in April LA processing for Polder 39/2C under CEIP-1 in 2017 and the process took about 30 months Pirojpur by dates are presented in Table 2.4. Bangladesh Land Acquisition Diagnostic Review: 46 Legal and Institutional Framework, Procedures and Practices CHAPTER 2 Table 2.4. LA Case Timeline in Pirojpur District under CEIP-1 (ARIPO 1982) Time Spent Dates by LA Cases No. Action Steps (months)  12/16-17 13/16-17 14/16-17 15/16-17 Min Max (1) (2) (3) (4) (5) (6) (7) (8) Polder No. 39/2C (Pirojpur District)  Quantum of Land 45.3008 33.0488 78.7551 104.1239     1 (Acres) Submission of LA Nov 10, 2016 Nov 10, 2016 Nov 10, 2016 Nov 10, 2016 0 0 2 proposal 3 Scrutiny by DC office Dec 2016 Feb 2017 Feb 2017 Jan 2017 3 5 Feasibility review by Mar 5, 2017 Mar 5, 2017 Mar 5, 2017 Mar 5, 2017 3 3 4 DC office 5 Approval by DLAC Mar 16, 2017 Mar 16, 2017 Mar 16, 2017 Mar 16, 2017 0 0 6 Opening LA Case Jul 22, 2017 Jul 22, 2017 Jul 22, 2017 Jul 22, 2017 0 0 7 First Notice u/s 3 Apr 9, 2017 Apr 9, 2017 Apr 9, 2017 Apr 9, 2017 5 5 8 Objection disposal Aug 3, 2017 Aug 3, 2017 5 5 Joint verification Dec 2017 - Dec 2017 - Mar Dec 2017 - Dec 2017 - 4 4 9 completed Mar 2018 2018 Mar 2018 Mar 2018 LA Case forwarded to Aug 30, 2017 Aug 30, 2017 Aug 30, 2017 Aug 30, 2017 5 5 10 MOL 11 Approval by MOL Oct 26, 2017 Oct 26, 2017 Oct 26, 2017 Oct 26, 2017 2 2 Notice u/s 6 for Jul 2018 Jun 2018 May 2018 May 2018 7 7 12 proving interest Request to the PWD Apr 10, 2018 Apr 10, 2018 Apr 10, 2018 Apr 10, 2018 0 0 for valuation Request to DFO for Mar 21, 2018 Mar 21, 2018 Mar 21, 2018 Mar 21, 2018 0 0 13 valuation Request to DPHE for Apr 10, 2018 Apr 10, 2018 Apr 10, 2018 Apr 10, 2018 0 0 valuation Valuation done by the Sept 10, 2018 Sept 10, 2018 Sept 10, 2018 Sept 10, 2018 5 5 PWD 14 by DFO Oct 17, 2018 Oct 17, 2018 Oct 17, 2018 Oct 17, 2018 6 6 by DPHE Sept 10, 2018 Sept 10, 2018 Sept 10, 2018 Sept 10, 2018 5 5 Preparation of Award Nov 2, 2019 to Nov 2, 2019 to Oct 10, 2019 Oct 4, 2019 to 3.5 3.5 15 Feb 15, 2020 Feb 12, 2020 to Jan 15, Mar 24, 2020 2020 Requisition of Funds Mar 13, 2019 Mar 13, 2019 Mar 13, 2019 Mar 13, 2019 6 6 16 by DC Placement of Funds Mar 21, 2019 Mar 21, 2019 Mar 21, 2019 Mar 21, 2019 1 1 17 by BWDB Notice of award of Dec 2019 Dec 2019 Feb 2020 Dec 2019 to 7 9 18 compensation u/s 7 Apr 2020 Total time for payment 36 38 19 readiness Handing over land by - 20 DC to BWDB as at Jun - - - 2020 Payment progress as     21 0 0 0 4.02% at June 2020 Total time (months) 22 elapsed since notice 6 6 4 6 6 6 u/s 7 as at Jun 2020 Source: Project Management Unit, Coastal Embankment Improvement Project, Phase I, BWDB, July 2020. Land Acquisition System and Practices 47 2.5.3.Changing the Class of Land During of physical structures on the land for residential Acquisition and commercial use. Complaints arise when the recorded class of land is of a lower value Physical assets on the land and the current class than the present class of land as converted for of land by use and type are recorded at the time current use. A case example of changing the land of joint verification (Section 4(4) of ARIPA 2017) class during joint verification was taken from the jointly by the DC office and the RB. The class of Dhaka Elevated Expressway PPP Project of the land recorded in the khatian can be different due Bangladesh Bridge Authority (Box 2.2). to earth cutting, land filling, and the development Box 2.2. Changing Class of Land during Joint Verification Under the Dhaka Elevated Expressway PPP Project, currently being implemented in Dhaka City, the expressway alignment passed through dense settlements in the city with many high-rise buildings. Land acquisition in this area was done on two occasions. In the first acquisition, parts of certain land plots with entire buildings were acquired, and the landowners compensated. The RB took over the acquired parcels of land but demolished only the part of the structures that fell within the construction right of way and left the remaining parts intact. After an adjustment in alignment, the RB needed a second acquisition of further parts of some of the same land plots. During joint verification, because the portion of the land plots with structures on them had already been acquired, the portions of the land plots now being acquired appeared to be viti (flood-free highland without any physical structures). Thus, the team recorded the land as viti land instead of as bari (flood-free highland with physical structures for residential or commercial use), which was the type of land recorded in the ownership documents. The DC office issued a notice of award under Section 8 (ARIPA 2017) stating that the land was viti, which is priced at half of what land classed as bari would be for the same plots. The affected landowners, understanding the loss in compensation, complained to the DC office, requesting that the land be recognized as bari class. The DC office agreed with considering the change of land class but was in the situation where the land had already been taken and handed over to the RB. Therefore, the DC sought a decision from the MoL. If the MoL allows the change in land class from viti to bari, the RB will be advised to arrange the additional money to make the additional payment. Source: Project Management Office, Dhaka Elevated Expressway PPP Project, July 2020. 2.5.4. Land Acquisition Practice in CHT which is now recognized by all stakeholders, including IFIs and the GoB. CHTR 1958 is the principal legal instrument in CHT districts, along with some related legislation that 2.5.5.Project-Based Land Acquisition and governs all LA in Rangamati Hill District alone. Resettlement Support Thirty-nine LA cases were processed during 2001-2018, of which two cases are still pending. Nationally-important projects in Bangladesh The oldest of the two is LA Case No. 01-(D)/2018- requiring large acquisitions of land, including those 19 and the newer one is LA Case No. 02(D)/2019- financed by IFIs, generally have a dedicated team 20. The main causes of delay in the disposal of under the project management unit (PMU) with LA cases are linked to (1) only partial allocation of separate administrative, technical, and support the estimated cost by the RB and (2) ownership- staff managing the LA and resettlement (LAR). The related disputes. There is no SRO in the three hill Jamuna Multipurpose Bridge Project (JMBP), co- districts. It appears that the LA office still follows financed by the World Bank, was the first project the process outlined in the IPA Manual 1997 so far with a separate resettlement unit under the then as it is applicable under CHTR 1958. This seems Jamuna Multipurpose Bridge Authority with a to be a practice that has evolved over the years, dedicated team managing LAR. A dedicated LAR Bangladesh Land Acquisition Diagnostic Review: 48 Legal and Institutional Framework, Procedures and Practices CHAPTER 2 team has been attached to the PMU for CEIP-1 avoid physical displacement and the and for the Second Rural Transport Improvement takeover of productive lands. However, in Project. Similar arrangements have been created unavoidable circumstances the country in other IFI-supported projects. system does not provide any mitigation or compensation measures for social and The exclusive LAR teams generally act to help economic rehabilitation as required under affected persons with obtaining information the Bank standards/safeguards except and data from the DC office on awards and for resettlement of physically displaced compensation payments as required for residential households. implementation of resettlement plans adopted in response to the LAR policy requirements > The national law recognizes only the of the concerned IFI. These teams provide legal owners in possession of acquired support to the DC in joint verification, the land and does not consider those valuation process, and notifications, and also affected by restrictions on land use or the advise the affected landowners on establishing formal or informal users of existing land claims for compensation with the DC office. dispossessed for project civil works. In Special allowances for staff time in the field contrast, under World Bank requirements for LA processing were found to be effective in on LA, consideration must be given to those expediting LA for the CHTRDP-2 in Rangamati affected by restrictions on land use and District. involuntary resettlement, irrespective of title. Resettlement plans are prepared and implemented in IFI-financed projects following the national > The GoB realizes advance income tax (AIT) legal framework on LA in agreement with the on compensation money for LA. With the concerned IFI in response to their requirements increasing amount of compensation being on LA and involuntary resettlement. In the case of paid out for land, the GoB has proposed financing from the World Bank, the following gaps increasing the AIT on compensation money. in the national legal framework were identified However, compensation as per the World with regard to responding to the requirements of Bank requirement is for the replacement of OP 4.12 or ESS 5. affected assets acquired involuntarily. The AIT must be factored in as a transaction cost, > For land acquired for public purposes, the as available under ESS5 and OP 4.12, for the laws on LA in Bangladesh specify that purpose of determining the replacement the market price of property be used in cost. calculating compensation; this is increased by 200 percent for government agencies > The country system provides for the and 300 percent for private organizations. participation of landowners in the initial This is a substantial advancement towards assessment and planning process, and reaching replacement cost at the current there is limited scope for objections against market price. However, the World Bank the LA and compensation rates. This does requires that the actual market price of land not conform to the World Bank requirement be assessed to ensure that compensation of a continuous process of consultation and at replacement cost is paid, as the market grievance resolution. price used for determining compensation is invariably lower than the actual market > Relocation, impact on livelihoods, and price. vulnerability are not considered in determining support under the country > The country system conforms to system while there are specific requirements the World Bank requirements of under the World Bank’s safeguards and safeguards and standards on involuntary standards. resettlement to minimize acquisition and Land Acquisition System and Practices 49 2.5.6.Online Registration of Compensation person and hearings are conducted face to face. Claims Payment is made only after clearance from the kanungo (LA), ADC (LA), and DC after their review The DC in Dhaka receives compensation claims of the ownership documents and in some cases, online for registering requests under all LA field verification. The DC in Chattogram District cases active in the district. The compensation has also proposed using an online platform for applicants then receive a registration number for compensation processing for LA. The online their claim, which is used in all future contacts digital LA processing also requires that the land until they receive the check payment. However, schedule and land plans are submitted in digital submission of the supporting documents for form with GPS coordinates. proof of ownership is still done manually in Notes ................................ 1 Abdur Rouf Chowdhury v Additional Deputy Commissioner (Land Acquisition) 3 BLC 330. 2 Sections 2(1), 2(11), 2(12), 7(1), 27(f), 74(3), 74(3)(b), and 85 of the Waqfs Ordinance 1962. 3 http://rajuk.gov.bd/site/project. 4 Government of India, Land Acquisition, Rehabilitation and Resettlement Act 2013. It extends to all of India except the State of Jammu and Kashmir. 5 New South Wales Government, Australia, Land Acquisition (Just Terms Compensation) Act 1991 (October 27, 2020 version on the NSW Legislation Website of the NSW Government). 6 Project Coordination and Management Unit (PCMU) for the Emergency 2007 Cyclone Recovery and Restoration Project (ECRRP), Programming Division, Planning Commission, Ministry of Planning, the GoB, RAP Implementation Completion Review, Component C, June 2018. 7 In a visit to the DC office, the study team understood from the LA/ADC Chattogram, Mr. Md Airul Kaisar, that he has developed a program for bringing the LA proposal and claim online. This requires that relevant information is available to all stakeholders. He was contacting the Minister for Land and the DC, Chattogram to officially launch this online LA platform. Bangladesh Land Acquisition Diagnostic Review: 50 Legal and Institutional Framework, Procedures and Practices Chapter 3 Property Rights and Land Administration This chapter describes the property rights and primary arms: (1) the DLRS, (2) the LRB, and (3) the institutional framework of land administration DR. The MoL manages the DLRS and LRB, and the in Bangladesh. It explains how rights and title to Ministry of Law, Justice and Parliamentary Affairs land evolved over time with purposeful transfers manages the DR and oversees the land administration and hereditary succession, including the creation functions. The DLRS is responsible for the creation and updating of khatians. It discusses the of ownership records, the LRB is responsible for preparedness of current owners in possession of updating those records, and the DR is responsible land in terms of khatians updated in their names for all ownership transfers between parties and at the time of taking possession lawfully. This the succession of property. The legal framework chapter also highlights the challenges of the provides a set of operational interfaces between the property transfer process, which affect LA. three departments, and each of them is at liberty to apply them as it sees fit. From 1890 onwards, the DC 3.1. Property Rights and Legal (which before 1960 was known as the Office of the Possession Collector and District Magistrate) has preserved the _____ khatians in the district revenue record room. Property rights and legal possession are None of the three departments can certify land- important legal considerations for accurately related information with certainty. Officers working determining exclusive ownership for the payment on the interface of land ownership often refer to of compensation money for LA. The numerous several statutes to underscore the uncertainty legal steps and requirements for the transfer of both in terms of the law and subsequent ownership contribute to the delay in LA. Suboptimal responsibilities. For example, Section 144A of the management of ownership records is the key State Acquisition and Tenancy Act (SATA 1950) impediment faced by the DC in making ownership states that the inclusion of ownership information decisions. This chapter describes the complex in the khatian prepared or revised under Section institutional arrangements and processes of land 144 is considered as correct until it is proved by administration in Bangladesh that make it difficult evidence to be incorrect—which raises questions to establish the ownership of land, which affects about the accuracy of the entry.1 Similarly, Sub- the payment of compensation in LA, thus delaying Registrars under the DR always refer to Rule 42 the implementation of infrastructure projects. of the Registration Rules 2014. 3.2. Land Administration and Directorate of Land Record and Survey Management _____ The DLRS is responsible for the periodic revision of land records, and several laws guide its The legal framework and the land administration activities.2 The department often issues general infrastructure work interactively to support land instructions to aid its functions and ensure ownership and land governance in Bangladesh. smooth implementation of its responsibilities and Land administration in Bangladesh comprises three 51 interventions. A critical operation performed by maintain up-to-date land records. Section 89(1)(a) the DLRS is the creation of ownership records. of SATA 1950 requires Sub-Registrars to inform UZLOs of all land transfers registered by them. The Bengal Tenancy Act 1885 introduced Paragraphs 315-318 of the Land Management the process of documenting microlevel land Manual 1990 lays down the detailed procedures to information by employing the mauza map and be followed in updating land records upon receipt khatian, and the same process is defined in of a land transfer notice (LT notice) from the SRO. SATA 1950 without any change in the technical instructions and manuals framed under the The main obstacle to a coordinated update of land Bengal Tenancy Act 1885 (please see Section information lies in Rule 42 of the Registration Rules 3.3.1 in Appendix-B of this LADR for details). 2014. Rule 42 states that the registration officer should not be concerned with the validity of the Land Reform Board registered documents and shifts the burden to the civil courts. Provisions in TPA 1882 (Section 53C), The LRB leads and supervises the land offices RA 1908 (Section 22A), and SATA 1950 (Section established at the divisional, district, upazila, 143C) introduced from 2004 to 2006 remain and union levels. The divisional and district land unimplemented because of the stipulation of Rule offices perform supervisory functions and act as 42. There is no authority except the two overseeing the appellate or revisional authority against the ministries or the civil courts to ensure implementation decisions of subordinate land offices. The upazila of the legal mandate among the DLRS, the UZLO, land office (UZLO) and union land office (ULO) are and the SRO. Until this is resolved, the inability responsible for updating land records following to confirm the accuracy of land information and a new acquisition, succession, transfer of title, or thus update it after a transfer will continue to change by operation of law. adversely impact landowners, all branches of land administration, and the LA authorities. Land offices at the district, upazila, and union levels carry out transaction-based updates to land Deputy Commissioner Office information and the LRB supervises them. This was a new role for the DC that emerged from the abolition of The legal and institutional frameworks the zamindari system in 1950. Sections 89 and 143C underpinning the DC office were designed during of SATA 1950 detail the provisions for transactional the British period and are still being used today updates by offices under the DR and LRB. with some modifications. The DC is considered as an essential source of local information for The requirements of coordination and cross- the GoB. Land information is archived in the checking between the land office and the Sub- district revenue record room. The governing Registrar were introduced through amendments regulation was last framed in 1943 (the Bengal in 2004 of the Transfer of Property Act 1882 (TPA Records Manual). The role of the DC’s office is 1882) and the Registration Act 1908 (RA 1908), manifold and includes activities related to LA and provisions inserted into Section 143C of SATA within the jurisdiction of a district. Since 1894, a 1950 in 2006. These legal changes necessitated series of legislation, the latest being ARIPA 2017 a change in the Land Management Manual 1990 and CHTR 1958 mandate DCs to acquire land for and the Registration Manual 2014—although they the public interest required by any government have yet to be updated. The LA section under the departments, including IAs. AB depends on the land offices under the LRB for land information in LA proceedings. LA suffers 3.3. Khatians and Exclusive Titles _____ due to the above-noted gaps and inconsistencies. The purpose and role of the land administration Directorate of Registration system is to ensure that the recorded information on land ownership and legal possession is up to The DR is responsible for the registration of date and accurate. This requires that the transfer of documents and transfer of property under RA ownership and the revision of land records occur 1908. It is mandated to support the UZLO to Bangladesh Land Acquisition Diagnostic Review: 52 Legal and Institutional Framework, Procedures and Practices CHAPTER 3 concurrently. The first nationwide step towards the the various aspects of land ownership through systematic updating of land records by the State the lens of the LA process and its constraints. came with the Government Estate Manual 1958. Attempts to ensure the use of correct information 3.3.1. Establishment of Ownership from the khatian in the schedule of registered Only upon final approval of an LA case can the transfer or succession documents were made in DC proceed further with the ownership review, 2004 with the amendment of TPA 1882 and RA valuation of acquired property, preparation of 1908. However, the SROs under the DR do not have the award and estimation of compensation, and a set of the khatians as per settlement surveys payment of compensation money to the legal to verify the information in the land transfer or owners of the property. Certain information on succession documents presented for registration. ownership available as per the khatian in the Ownership determination is therefore complicated, revenue record room is collected and provided time consuming, and depends on multiple sets with the LA proposal by the RB. Upon its of records, including registration deeds, and the submission to the DC office, further information is succession and legacy of ownership transitions collected from the AC (Land) office at the time the demonstrated in the khatians. To ascertain current LA case is opened. The description of the property ownership during an LA, the AB needs to take as found on the ground during joint verification is multiple steps involving the verification of khatians recorded in the JVFB. A formal ownership review and spot checks. is done by the DC through a hearing under Section The mechanism for accessing khatians by 7 of ARIPA 2017 after the LA case is approved owners is unclear except during the payment of if there is a contest over ownership. Under the land development taxes at the ULO or collecting law, ownership records as per the hearing under certified copies from the district revenue record Section 7 are the basis for preparing the award of room. Retrieval of updated khatians sent to compensation and notification to the awardees for the revenue record room is again difficult and receiving compensation. However, hearings are time consuming. The GoB started e-services in not always conducted and so the DC office relies 2009 to reduce the difficulties in collecting land on information from the AC (Land) office. If credible records. However, it is still necessary to access ownership information is not available, the award relevant offices and institutions in person to notice is issued against the recorded owners as obtain khatian-related information. The empirical per the latest khatian. The final review to ascertain investigation has revealed that accessing the exclusive ownership and legal possession of relevant institutions like the DR, the revenue property under acquisition is undertaken once a record room, the AC (Land) office, and the DC compensation claim is received by the DC office office is often difficult. from the affected landowners. The DC office (LA section) reviews the applications for compensation Accessing the DR is necessary to effect a title along with the attached ownership documents transfer. Ascertaining the uncontested legal and places each case with the DC to approve ownership and title of the seller is one of the and advise on payment in cases of uncontested main challenges faced by land purchasers. The absolute ownership. DR neither takes responsibility for the verification of titles nor facilitates it. In a case of contested This is the point where complications arise. In ownership, title verification can be obtained from small strip acquisitions in linear projects like the civil courts only, which takes years, owing improvement of existing roads and railways, a to lengthy procedures and the scope of multiple good number of awards are small and financially judicial reviews. infeasible for the awardees to claim and collect. There are absentee owners, either those living Complications associated with the management outside the country or those that cannot be reached. and verification of ownership become pronounced In many cases, current owners in possession of when the GoB exercises eminent domain for the land have only incomplete documentation of acquisition of land. The following section examines the ownership transfer. Registration of property Property Rights and Land Administration 53 transfers on the basis of flawed ownership and ownership information is collected to populate documents adds to the complexity. Contests on the land ownership information sheet (Cha ownership and compensation claims surface Form with ARIPA Circular).3 The RB completes when the DC initiates payment of compensation columns 1-4 of the form, and the respective land money for LAs. There also may be litigation office finalizes the remaining columns 5-8. The cases waiting for resolution by the court. Cases information is also verified with the records of the of contested ownership and possession that have UZLO and ULO, and on the ground (physically) with been filed with a court for resolution cannot be the help of officials of the AB: the upazila nirbahi resolved by the DC in the payment process. The officer (UNO), the LAO, the AC (Land), kanungo, optimal situation for the DC is that all claimants union land officer, surveyor. The inspection team present themselves, and ineligible persons do submits a report (joint inspection report) with the not receive payment. Under the current practice, collected evidence to the DC. it is nearly impossible to identify all owners, co- owners, and successors of land under acquisition 3.3.3.Documentary Evidence of Exclusive before preparation of the estimate of award. Ownership 3.3.2.Collection and Verification of Land Exclusive ownership of property can be proved Ownership Information with certainty (1) by tracing an unbroken chain of ownership transfers and (2) through The RB, after finalizing the alignment of the land documentation relating to the land beginning proposed for acquisition, begins the process of from the first recorded settlement (that is, the first identifying the land from the current land records cadastral survey) to the current owners. Issues (mauza map and khatian). Upon identification, the of incomplete or contested ownership make it information is recorded in a prescribed form (the difficult to determine exclusive ownership and Cha Form, per the ARIPA Circular), which is used thereby delays LA. Co-ownership, waqfs, debutter to gather initial plot-based ownership information property, trust property, vested property, of the land to be acquired. Geographical, cadastral abandoned property, and easements pose specific (plot number, record number, land classification), challenges to the verification of ownership. Incomplete ownership may occur owing to: Incomplete Land records The absence of a Land Disputed documentation in the name name in the latest development possession. of title - broken of a distant khatian, or of a tax in arrears chain of predecessor-in- predecessor’s name for more than ownership. interest. in the immediately three years. prior khatian. A mismatch The existence The incapacity The existence of A forged deed. between the of a prior or minority of a life estate in schedule of registered the owner. the land. property and deed in favor of the mauza map another person. and the khatian. Mismatch of the An ongoing civil A mortgage on A dispute identity of the suit. the property. with adjacent buyer and/or seller owners. between their national identification (NID) card and the khatian. Bangladesh Land Acquisition Diagnostic Review: 54 Legal and Institutional Framework, Procedures and Practices CHAPTER 3 Contested ownership may occur owing to: A dispute as to Lack of adequate The absence of a Transfer to Joint ownership the boundaries documentation name in the latest strangers of an informally of the property. to confirm the khatian, or of a without proper subdivided plot. quantity and predecessor’s name notice to co- physical features in the immediately sharers by of the property. prior khatian. inheritance. Dispossession Alleged Extinguishment Land grabbing. Forged followed by a criminal extinguishment of ownership ownership case within two months of a title under through an documents. under Section 145 of the Limitation auction or by the Code of Criminal Act. operation of Procedure 1898. law. Errors made by A claim of the land offices adverse (the AC (Land) possession. or SRO). 3.3.4. Preparedness of Landowners for missing documents, and (4) logistical issues Compensation Request because of the distance to the DC office and the cost of frequent travel. Potential legal owners that As mentioned earlier in this chapter, the main are out of the country or who cannot be traced obstacle to a coordinated update of land transfer through notification and hard-to-reach female co- records lies in Rule 42 of the Registration Rules owners and successors exacerbate the delay in 2014. This rule declares that the registration the ownership decision process. In practice, there officer should not be concerned with the validity of are four possible scenarios that the DC office and the registered documents and shifts the burden to landowners may find themselves in with regard to the civil courts. Until this is resolved, the inability payment of compensation: to confirm the accuracy of land information and thus update it after a transfer will continue to Ownership records are complete: Landowners adversely impact landowners, all branches of claiming compensation have complete and land administration, and the LA authorities. It is up-to-date ownership documents, including a evident from the study that projects have been survey khatian and mutation khatian in favor of undertaken to establish interoperability between the current owner(s) in possession of the land, the DR and the MoL for the instant transmission or with a succession certificate in favor of the of land transfer records and updating of khatians. exclusive successor(s) of the land in possession. The documents submitted with the application The review of the ownership determination sufficiently establish sole ownership of the land process reveals that an updated mutation with and the DC clears payment of compensation. a current rent receipt and succession certificate are the key documents in establishing current Ownership records to be completed with ownership and possession of land—provided that additional documents: Landowners who have the predecessor/previous owner in title was the a khatian with a duplicate carbon receipt, rent uncontested legal owner of the land. However, receipts, or a succession certificate but cannot landowners commonly face certain problems: establish uncontested ownership of the land are (1) lack of knowledge of where and how to apply advised by the DC office to collect and produce for compensation, (2) what documents need to be additional documents available from the settlement furnished with the application, (3) how to obtain office (survey khatians), the SRO (reference deeds), Property Rights and Land Administration 55 the AC (Land) office, and the ULO (mutation khatian 3.4.1. Land Ownership and up-to-date tax receipt). The landowner collects Land ownership in the hill districts (see Figure 3.1) these documents and adds them to the application. can be obtained through settlement by the GoB. The DC reviews the revised application, finds that The DC represents the GoB in CHT. Individuals it is complete and sufficiently establishes sole can also use community land for jhum cultivation ownership of the land. The claim is then accepted (slash and burn agriculture), after receiving for payment of compensation. approval from the Headman and Circle Chief, Legal owner to complete land transfer by and paying the applicable taxes on customary mutation and succession certification: Some land rights.4 Rules of the CHT Regulation 1900 landowners have incomplete land transfer records. (Regulation I of 1900) define the procedures The mutation khatian or the succession certificate for the settlement of government land, and cannot establish ownership sufficiently, but its transfer, succession, and sublease in CHT.5 documentary evidence in support of an unbroken The existing legal and administrative architecture chain of legal ownership without any contest can related to land involves the three HDCs and the establish exclusive ownership. The presumptive offices of the three DCs, further empowered after landowner(s) can initiate proceedings to update the 1997 CHT Peace Accord. Special provisions the relevant documents with the AC (Land) office, concerning land management mandate that no which may be settled after a hearing. settlement, lease, transfer, or sale of government land shall be made without the approval of the Contested ownership: Ownership may appear HDCs. The land rights pertain to: (1) the right to be contested under various scenarios when a to jhum, (2) the right to homestead land, (3) the PI prepares for or applies for compensation. One right to use and extract forest products, (4) or more owners may have contesting claims on plough cultivation, and (5) plantation and orchard ownership, sometimes pending in a court of law farming on grove land. All members of the tribal for settlement, while the acquisition is ongoing. communities have equal rights and access to the The dispute is beyond the jurisdiction of the DC community land. office and may be decided only by the court unless the co-claimers mutually agree on a Figure 3.1. Hill Districts in Bangladesh settlement. The DC cannot pay compensation immediately and in such circumstances, and by law is supposed to deposit the earmarked funds in the Public Account under the Miscellaneous head. In practice, the money sits in the LA account of the DC office waiting for settlement when the winning party approaches it for payment. The money may be paid after the co-claimers mutually agree or the court passes an order on the litigation that is accepted by the contesting parties. 3.4. Land Ownership in the Hill Districts _____ The CHT Regulation 1900 defines the applicable laws on land administration and describes the administrative structure in the hill districts. The GoB is empowered to design and develop rules. The following discussion will focus on some salient issues concerning (1) land ownership, (2) land registration, and (3) land acquisition in this Source: Courtesy of Al Artat Bin Ali, Department of Geography region of the country. and Environment, University of Dhaka. Bangladesh Land Acquisition Diagnostic Review: 56 Legal and Institutional Framework, Procedures and Practices CHAPTER 3 3.4.2. Land Registration and Administration co-owners or by a court of law. Again, property rights in Bangladesh are governed by several Instruments such as deeds of sale, gifts, laws. The LA process follows the acquisition laws, successions, and mortgages can be executed while ownership is determined under the laws and registered for land in the three hill districts. governing property rights. Traditionally, it is the DC who plays the role of registration officer. However, the GoB may However, Bangladesh has made real advances appoint an officer other than the DC to provide in utilizing ICT in administration and service services as the registration officer. Rule 17 for the delivery in both the private and public sectors. Administration of CHT under the CHT Regulation Land administration under the public sector has 1900 requires that no instrument concerning been part of this progress. The GoB has launched immovable property be accepted unless it various programs to expand the delivery of public contains a description of the property to the extent services to citizens, many of those using digital possible to ensure identification. This rule is and means. In addition to a modernized NID system, was unique to the region, as no cadastral survey the GoB has established a civil registration has taken place, and land can only be described system under the Local Government Division. and characterized through visible features and It has also launched the Porichoy (identity) demarcations. platform, which aims to enable service providers (such as government agencies and banks) to The institutional architecture of land verify the identity of their customers based on administration in CHT consists of the offices of this data. The NID, civil registration, and Porichoy the Headman, Circle Chief, and DC. The Circle systems have the potential to contribute to Chief and the Village Headman assist the DC digital identification and verification functions. in governing land outside reserve forests and These national systems on citizen identity may designated areas.6 The Headman is the primary be useful for digitalized land administration with connection between landowners and the land minimal effort. administration and assumes the same role that in other parts of Bangladesh is the head of the The settlement and management of land resources ULO. The Headman’s duties involve assisting the have already benefited from using ICT. The MoL, Circle Chief in land management using traditional with initiative from the LRB, developed and land management practices, and the DC in the established a digital land record and service system overall management of land. AC (Land) offices under A2I. 7 The system has been hosted at https:// are currently in operation in Kaptai, Kawkhali, land.gov.bd/ as an independent online portal.8 Bagaichari, Rangamati, and Langadu upazilas. In Citizens of Bangladesh can now access this UZLOs in the rest of Bangladesh, local government site for khatians, mutation of khatians, review institutions have no role or responsibility in land of mutations, certified copies of mutations, the administration, except certification of succession. rectification of records owing to incorrect entries and following court orders, changing the class 3.5. Towards Modernization of Land of land, permission for the transfer of land in the Administration hill districts, etc. The virtual revenue record room, _____ e-mutation, collection of khatians and mauza As discussed previously in this report, land maps, and record correction are the most useful governance in Bangladesh suffers from having services related to private land. a paper-based record management system and a shortage of trained and experienced officers The virtual revenue record room has been and staff. Land offices are located according to launched using a digital image bank of paper requirements at the union, upazila, and district records, khatians, mauza maps, and others. levels under the LRB, with the MoL as the However, reforms are needed to align the existing controlling ministry. Ownership of land and titles systems with best practices around inclusion, is decided either through the consensus of the institutional arrangements, legal support, and Property Rights and Land Administration 57 data protection. The GoB has undertaken projects The GoB can review the multiple land laws and for the digitalization of the registration of property the current practices of ownership transfer and transfers and updating of khatians for the transfer succession to develop a law on conclusive land of property rights with an interoperability and titling. Experience from the region9 and elsewhere data transmission mechanism. on similar exercises may be accessed to support the review process and development of the law Conclusive land titling is the key to drastically on conclusive land titling. simplifying land administration in Bangladesh and the LA process for infrastructure projects. Notes ................................ 1 The same presumption was attached to land records between 1888-1950 finally published under Section 103B(5) of the repealed Bengal Tenancy Act 1885. The section was inserted in 1907 and later substituted in 1908. 2 Key laws include the Survey Act 1875, SATA 1950, the Tenancy Rules 1955 (Rule 26-41), the Survey and Settlement Manual 1935, the Standard Rules Regarding the Revisional Settlement Operation in Bengal 1933, and the Technical Rules and Instructions of the Settlement Department 1957. General instructions (popularly called “GI”) are issued from time to time by the department to guide all activities of DLRS. 3 The Cha Form requires the following primary plot-based ownership information of the land proposed for acquisition: (1) plot no.; (2) khatian no.; (3) class of land; (4) names and addresses of the landowners as per the latest khatian; (5) names and addresses of the landowners as per mutation; (6) land area and mutation petition no.; (7) names of buyers against whom mutation has not been done; (8) names and addresses of the successors of the owners as per the khatian/mutation. 4 Traditional common property rights of indigenous people are not recognized by the prevailing laws and legal system. Thus, community land for jhum cultivation is allocated by the traditional land administration in CHT, which is not recognized under the mainstream land administration. 5 Rule 34 of the Rules for the Administration of CHT provides for the settlement, transfer, succession, and sublease of government land. A maximum of five acres of cultivable or cultivated flat land can be settled with a single hillman or non- hillman family, and up to 10 acres (usually five acres) of grove land can also be settled free of salami (a one-time payment to the settlement office in CHT). 6 Rules 42(1) and 45.B of CHT Regulation 1900 specify the roles and responsibilities of Headmen and Circle Chiefs. It includes the collection of jhum tax and grazing tax, and the processing of applications for the lease of plough land. 7 https://a2i.gov.bd/about/. 8 26.82 million records of 460 upazilas in 51 districts are available. According to the website, 10 more districts have yet to be brought under the virtual revenue record room (see discussion on the virtual revenue record room in the following paragraph). 9 National Institution for Transforming India (NITI), Government of India, 2019. Report of the Committee to Draft Model Act and Rules for States and Model Regulation for Union Territories on Conclusive Land Titling, New Delhi, November 2019. Bangladesh Land Acquisition Diagnostic Review: 58 Legal and Institutional Framework, Procedures and Practices Chapter 4 Challenges of Land Acquisition Processes and Practices This chapter presents the procedural challenges maps are available by mauza boundaries by of LA, including institutional capacity and upazila, mauzas intercepted by the right of way coordination of the process. It assesses the of land identified for projects are the basis to complexities at various steps in the acquisition quantify land proposed for acquisition. Below are process, such as notification of the legal owners, the key complexities identified in preparing the LA assessment and valuation of the acquired proposal. property, as well as the legal complexities to identify compensation awardees. The chapter > It takes an unusually long time to identify also touches on the limitations of the country’s the intercepted mauzas. Sometimes the system with regard to World Bank requirements incorrect identification of mauzas causes on LA. further complexities and delays. Inefficient survey organizations and insufficient information about the project right of way 4.1. Challenges of Land Acquisition _____ alignment and boundaries lead to these complexities. The main challenge of LA is to complete the process within the stipulated time while complying with all > Accessing upazila and mauza maps and legal and administrative requirements. The times khatians is sometimes difficult. Not all calculated for larger acquisitions (more than 50 upazila maps and mauza maps are available standard bigha) as stated in the laws—16 months online; they are only available online in for GoB-declared fast-tracked projects and 19 districts where the revisional survey has months for general development projects—are been completed, and records published optimistic and in practice, it takes approximately and gazetted. Obtaining hard copies of two years to complete a typical LA case. The these maps takes a longer time, if they are waiting time for the RB is longer if an objection is available at all. Even where the records raised. Delays occur mainly during field feasibility are available online, the system is not user and DLAC approval, joint verification, estimate friendly and there are connectivity issues preparation, and payment of compensation. The that limit access. challenges of the LA process that surfaced during the study are manifold. Among the key causes of > GPS coordinates are not marked on the delays in LA, constraints in accessing resources, mauza maps and therefore digitalization mobilization of adequate staff in a timely manner and georeferencing of the mauza maps take and ownership decisions, are felt most by the time and are often less accurate. stakeholders. > Most DCs require that the project right of Complexities in preparing the LA proposal. way intercepts be drawn manually on the Land requirements are identified based on mauza maps, which takes much longer the engineering layout of infrastructure for than if done digitally, which only some DCs development and improvement. As cadastral accept. 59 > A lot of time is spent in obtaining Collecting and updating land ownership administrative approval and environmental information involves a number of offices. clearance. Where applicable, obtaining Information on property rights and the latest a no-objection certificate from the city khatian from the revenue record room are development authorities takes quite a bit of updated with information from the AC (Land) at the time. UZLOs and ULOs. LA proposals include structured information on land ownership as per latest Constraints in accessing resources. The budget available records. The DC, upon accepting an LA allocated to the DCs for LA-related expenses proposal, requests the AC (Land) in the UZLO to like printing, stationery, staff transportation, provide additional information on land ownership communications, and meetings is clearly per the latest records. Property ownership insufficient. LA-related tasks, such as preparing can also be verified at the time of joint onsite and serving notices, preparing field reports and verification, although this does not often happen JVFBs, collecting prices of property/assets, in practice because of time constraints. After final preparing awards, hearing objections, reviewing approval of the LA case, the DC invites the PIs to applications for compensation, determining attend a hearing and produce the relevant legal ownership, and paying compensation, along with documents to prove their interest in the property maintaining accounts properly require budgetary to be acquired. Since staff have other functions resources. Interviews with the DCs revealed that they need to fulfill, the hearing officer does they rarely have such resources available to spend not attend regularly, and they often cannot be on these activities. The 2 percent contingency completed all at one time, if at all. Sometimes the fund that is usually included in the budget by the owners do not produce the requisite documents, RB for paying compensation is of no help, as they although there is sufficient time between the have only limited authority to use it. notification under Section 4 and the notification under Section 7 for them to update their khatians Resource limitations in serving notifications. and prepare their compensation request. The DCs must notify PIs in the property proposed for acquisition under Sections 4 and 7 of ARIPA A substantial amount of coordination and 2017, and the awardees under Section 8 of ARIPA resources is needed for joint verification. The DC 2017. Experience shows that in an LA case of 50 office, jointly with the RB and affected persons, standard bigha or less, almost two months’ time carries out an onsite inventory of the property was spent preparing and serving notices at each to be acquired and prepares a list in the JVFB stage. The resource constraints the DC offices (Gha Form). Depending on the size and location face, including inadequate staffing to prepare and of the LA, and the number of structures and trees serve notices, cause delays. affected, it can take a long time for the DC office to complete the inventory. As stated earlier, other Long lead times for field feasibility assessments key constraints commonly encountered are the and DLAC approvals. Often, field feasibility inadequacy of staff resources within the DC office assessments and obtaining approval from the and the lack of funding for field activities. All of DLAC take a substantial amount of time. The AB these affect the field work and result in delays in devotes a long time to scrutinizing the proposal completing the joint verification. and raising questions about the formation and contents of the plot index. The field feasibility Considerable time is spent on assessment assessment is normally not completed within 21 and valuation. Since land sale prices obtained days as stipulated in the IPA Manual 1997 and the from the SROs are used to assess land prices ARIPA Circular. The DLAC only holds meetings for compensation, the manual archiving of land at intervals of three months or longer, and the transfer deeds at the SROs causes delays in signed minutes of the meeting are issued one collecting the sale prices. Field assessments month after the meeting is held, so depending on involving the district-level PWD office and the timing, this could add a delay of four months or divisional forest office under the BFD need to longer. Bangladesh Land Acquisition Diagnostic Review: 60 Legal and Institutional Framework, Procedures and Practices CHAPTER 4 be conducted for the valuation of structures and file a case (known as a miscellaneous case) with trees. Both the PWD and the BFD have a shortage the DC, if the other recorded owners appearing in of staff to respond to the DCs’ requests for these the khatian agree to the case petition. valuations. Data in the JVFB provide first-hand information to identify the property proposed for Additional complications arise from joint ownership acquisition on the ground but a reassessment of in a plot or khatian, if the co-owners are unwilling the structures and trees by the PWD and BFD, to amicably partition the land, leading to protracted respectively, must be completed in their own litigation. The AC (Land) and the ULO cannot accept format for valuation. In many cases, this results in partitioning without a registered deed of transfer the process taking an unusually long time. or succession or joint application for mutation. There is limited opportunity under the current It takes longer than the 30 working days specified legal and institutional framework for a quick under the law to prepare awards and estimates resolution of ownership disputes. Uncoordinated of compensation. The lack of available staff updating of land transfer and ownership records within the LA section of the DC office and parallel by the settlement, management, and registration assignments further delay the award preparation departments complicate LAs and adversely process. Staff assigned to activities associated impact development projects. Acquisition of part with LA, and those in other relevant departments of a plot of land and sales tax for partitioning the responsible for the assessment and valuation plot add further complications. of acquired property, do not have any incentive to complete the work—usually, such duties are Ownership decisions by the DC office take time and additional tasks over and above their regular in many cases, the decision is delayed further while responsibilities. the owners collect and produce legal documents evidencing their legal ownership beyond a doubt. Complexities in determining ownership. The Legal complexities and incomplete ownership availability of updated ownership records to the records in possession of the owners cause AB and the current legal owners in possession inordinate delays in the placement of requests for of the land are important to the LA process. In compensation with the DC office. many cases, complete documentary evidence of ownership and possession of land that is Monitoring and oversight. The MoL has not recognized by the law is not available to the AB, issued any protocol for the oversight, supervision, and the presumptive landowners fail to establish or monitoring of the LA process. There are only their ownership claims. This happens because institutional mandates for providing approval. The of incomplete records of land transfers with the DLAC, CLAC, DivC, and MoL are all mandated to land offices, including the ULO and the UZLO approve LA cases at different levels. (the AC (Land) office). Khatians may also not be published on time, which makes it difficult to 4.2. Limitations of the Existing Laws identify current owners. Often, there is no up- Affecting Land Acquisition _____ to-date khatian in favor of the current owner in possession of a parcel of land. In such cases, the ARIPA 2017 was enacted to meet the changing DC notifies all owners recorded in older khatians, needs of the times and to bridge gaps in the many of whom may not be the current owner of laws of Bangladesh regulating the acquisition the land parcel proposed for acquisition. The joint and requisition of land. However, it bears a close verification exercise can help to find the current resemblance to ARIPO 1982. ARIPA 2017 left out owners in possession of the proposed land of consideration vital issues such as a detailed parcels, including those who are in possession of rehabilitation plan, hardships faced during land that has been partitioned from older khatians. relocation, and speedy disposal of LA cases. However, the DC cannot accept the possession Key limitations in the LA process with regard to holder without mutation in favor of a single owner existing laws are: of the partitioned land parcel. Such claimants can Challenges of Land Acquisition Processes and Practices 61 > Disposal of cases: Case proceedings in actual PIs in this way often prove to be relation to LA and compensation payment difficult and take a long time. Publication may take up to a decade, and final of the notification for acquisition (Section disposal takes even longer when the title 4 of ARIPA 2017) is held in abeyance in the of the land is in dispute. In one instance,1 meantime. the LA proceedings started in 1992. Compensation was awarded in March 1993, > Multiple laws on acquisition: Land acquisition in the CHT region is governed but the title of the land was in dispute, which by CHTR 1958. Emergency construction of was resolved in 1996. The title holder then embankments and drainage is covered by filed an arbitration case contending that EDA 1952. Land taken over in an emergency compensation was assessed in the name of for embankment and drainage construction some other person and the assessment was has to ultimately be acquired following also incorrect. This case went to the Appellate ARIPA 2017. This multiplicity of laws leads to Division of the Bangladesh Supreme Court confusion among law enforcement agencies and was finally decided in March 2005, 13 while applying the law. It confuses ordinary years from the beginning of proceedings. It citizens who have to take into account a turned out to be costly and time consuming number of laws in parallel and understand for the aggrieved individuals. the due process under each. A suggestion > Contested claims: Ownership decisions in from the study is that LA will proceed more the case of contested claims can only be effectively if all provisions of the concerned concluded by a court of law. The DC cannot laws could be unified under ARIPA 2017. negotiate with the contesting parties unless they mutually agree in writing and approach 4.3. Institutional Challenges in the the DC to receive compensation for the LA Process acquisition of the property as per their _____ individual shares. LA could largely be completed within the schedule set out in the law if the institutional > Documents to be submitted along with actors are able to carry out their jobs in a timely the LA proposal: The large number of fashion. In practice however, there are a variety of documents that are required to be submitted impediments that hinder the process. Institutional with the LA proposal makes the process challenges are encountered in almost all of the tedious. No-objection/clearance certificates key LA steps. and approval from RAJUK, KDA, CDA, RDA, the Urban Development Directorate, Requiring body. In the process of preparing a Department of Environment, and other responsive LA proposal for submission to the local and GoB authorities are required to DC office, the RB needs to engage resources be submitted along with the proposal for from design engineers or a separate land survey acquisition. Obtaining these documents organization. The key challenges faced by the consumes a considerable amount of time, RBs are: causing delays in LA. > Lack of adequate staffing and equipment > Determining the titleholder of the land for activities related to land surveying and to be acquired: The titleholder of the land preparation of the LA plan. Consultants must be ascertained to pay compensation engaged in these activities often collect properly and to the rightful owners. The faulty and incomplete data from the land DC is required to look at the transfer of survey. Precise identification of land ownership documents starting from the boundaries requires both input from first survey record for proper identification design engineers and the engagement of of titleholder(s) of a piece of property. communities. Ascertaining the title and identifying the Bangladesh Land Acquisition Diagnostic Review: 62 Legal and Institutional Framework, Procedures and Practices CHAPTER 4 > There is no official coordination between > The transfer of ownership for the succession the RB, the DC office, and the AC of land rights is often incomplete, and (Land) office for their participation and mutation is rarely done. There are incorrect cooperation. They work in silos, and the DC and contested mutations as well. office often has to return the LA proposal for correction. Acquiring body. The AB (the DC), authorized public agencies for the valuation of property, > Collection of information on the recorded and legal bodies like the DLAC and CLAC play owners of land proposed for acquisition is interdependent roles in the LA process. In addition, often difficult in the absence of any official a timely response from the affected landowners protocol with the revenue record room or is key to the ownership decision process and the AC (Land) office. timely payment of compensation. The relevant institutions of the AB experience the challenges identified in Table 4.1. Table 4.1. Institutional Challenges in the Land Acquisition Process Responsible Action Steps Challenges for Institutions in Discharging their Responsibilities Institutions LA section of Notifications u/s 4, For the preparation and circulation of the initial notice (u/s 4), the the DC office u/s 7, and u/s 8 of notice of ownership review (u/s 7), and the notice of compensation ARIPA 2017 collection (u/s 8), the LA section of the DC office deals with inadequate staffing, funds, stationery, and logistical support. The notification process therefore takes a long time to complete. The RB generally provides informal support, as it does not have any designated funds for this activity. LA section of Opening of LA Making all relevant officials available for meetings and a feasibility the DC office, cases field visit is a huge challenge. The AC (Land) and the upazila land respective officer for the feasibility field visit and members of the DLAC/CLAC UNO, AC (Land) for meetings on the LA proposal need to be available. This requires extensive communication and coordination. The LA section of the DC office lacks adequate resources for the first feasibility assessment, videography of the proposed land, and getting the minutes of the DLAC/CLAC meeting signed and issued. The RB generally organizes support for the process without any formal allocation of funds under its project budget. Once these activities are completed, the LA case is opened for formal processing of the LA. DC office and Joint verification Lack of adequate staff in the LA section to assign joint verification RB responsibility, and inadequate funding and logistical support are the key constraints in completing the JVFB on time. The ADC (LA)/ADC (Revenue) also verifies the joint verification data physically, in some cases multiple times. The RB organizes all types of support for the joint listing and any subsequent physical verification informally in the absence of any allocated funds under its project. Challenges of Land Acquisition Processes and Practices 63 Responsible Action Steps Challenges for Institutions in Discharging their Responsibilities Institutions DC, DivC, MoL, Approval of LA The DC prepares LA cases with all supporting documents and PMO cases reports for final decision. Hearing objections against the LA and preparation of case records as per requirements takes time and resources. Sometimes LA cases are returned from the MoL for clarification and further information, resulting in a longer timeline. ADC (LA or Review of The unavailability of officers to attend hearings is a major hindrance Rev)/DC ownership and in the review of ownership and identification of the share of property share of property proposed for acquisition (u/s 7) after approval by the DC, DivC, or MoL. Additionally, landowners often do not take it seriously or attend the hearing without the relevant documents. LA section, Valuation and Lack of adequate staff in the DC office, the district PWD offices, PWD, BFD, and preparation of and the DFOs, and inadequate resources for field mobilization are others estimate the key challenges in the valuation process. The RBs provide staff, resources, and logistical support informally, as they do not have designated funds for this in the project budget. DC office, AC Ownership Khatians remain incomplete and contested even after the hearing (Land) decision and u/s 7 of ARIPA 2017. Many landowners have incomplete or payment flawed khatians in support of their ownership. The absence of owners, contested claims, and pending litigation are also common constraints on the ownership decision process. Determining exclusive ownership, therefore, takes a longer time, and payment of compensation is held up until finalized. The institutional challenges as identified in Table IAs, while the mandate of LA is vested with the DC in 4.1 adversely affect the timely completion of action respective districts. The DC, after the IAs submit the steps in the LA process and indiscriminately delay LA proposal and place the funds for compensation, payment of compensation beyond dispossession is responsible for taking over possession of the land, of land for project civil works. This violates the paying compensation for it, and handing it over to legal and policy requirement of payment of the concerned IAs as per their needs. Under certain compensation before taking possession of the circumstances, the DC can take over possession land in favor of the RBs. of the land before payment of compensation (Section 11(2) of ARIPA 2017). However, LA is 4.4. Compliance Issues in World considered complete under WB-financed projects Bank-Financed Projects only once all affected landowners are paid in full.3 _____ The World Bank’s OP 4.12 and ESS5 require that One of the key requirements of the World Bank on LA if payment cannot be made before taking over for infrastructure projects it finances is the complete possession of land after making all reasonable payment of compensation before taking over efforts, the undisbursed compensation money must possession of the land for the project’s civil works.2 be kept in an escrow account (an interest-bearing The country system of LA has similar requirements bank account) for payment to the actual owners4 (Section 11(1) of ARIPA 2017). The key gaps in the as they turn up, adding any interest accrued for country system on LA are defined in Section 2.5.5. the time elapsed since the expiry of the payment LA is proposed by the infrastructure development deadline. Bangladesh Land Acquisition Diagnostic Review: 64 Legal and Institutional Framework, Procedures and Practices CHAPTER 4 Delay in payment of compensation for LA, which resettlement are completed for all affected stymies implementation of resettlement plans, persons.5 The borrower departments must set is a common challenge in all infrastructure up and agree with the Bank a mechanism for projects in Bangladesh with financing from IFIs, completing the remaining LAR entitlements to the including the World Bank. A WB-financed project affected persons and must share the monitoring cannot be considered complete, with oversight reports with the Bank until completion. on LAR continuing, until payments for land and Notes ................................ 1 Ismail Hussain Posshari v District Land Acquisition Officer 57 DLR (AD) 173. 2 The World Bank, ESF, ESS5, para. 15 and OP 4.12 on Involuntary Resettlement, para. 10. 3 The World Bank, ESF, Environmental and Social Policy (ES Policy), Section H. Monitoring and Implementation Support, para. 56, pp 10. 4 The World Bank, Operational Manual, OP 4.12 - Involuntary Resettlement (Revised April 2013), footnote 16 and ESF para. 16, pp 56. 5 The World Bank, Operational Manual, OP 4.12 - Involuntary Resettlement (Revised April 2013), para. 24 and BP 4.12, para. 16 and ESF, ES Policy, Section H. Monitoring and Implementation Support, para. 56, pp 10. Challenges of Land Acquisition Processes and Practices 65 Bangladesh Land Acquisition Diagnostic Review: 66 Legal and Institutional Framework, Procedures and Practices Chapter 5 Strengthening the Land Acquisition System This chapter summarizes the analyses of establish interoperability between the DR and the the preceding chapters and offers related MoL through the instant transmission of data on recommendations on strengthening the LA land transfers. Addressing the issues identified by system. It contains specific proposals for a this study can eventually contribute to advancing smoother LA process in Bangladesh as well as to the modernization of the system and overall land address other pertinent issues related to the legal administration in Bangladesh. and institutional framework, offering a possible reform agenda. Legal and institutional reforms have been widely recommended by the stakeholders. Based on the study findings and consultations 5.1. Demand and Scope _____ with stakeholders, this chapter proposes two broad groups of measures to strengthen the LA LA under the current system frustrates all key system: (1) optimizing LA process with project- parties—the affected landowners, the RBs, and the specific measures, where LA is required; and (2) AB. The challenges of the system identified in the institutional and legal reforms (short term and study have been discussed in previous chapters. longer term) to be undertaken by the GoB. This The most common consequence of the challenges chapter also discusses the potential engagement is the delay in payment of compensation to the of the World Bank to work with the GoB on the affected landowners and the resultant delay in design and implementation of both short- and securing the land for infrastructure projects. The long-term reforms. IFIs investing in the infrastructure development projects of the GoB, including the World Bank, struggle to have client departments comply with 5.2. Optimizing the Land Acquisition Process in Projects the requirement of payment of compensation _____ before taking over possession of the land. ARIPA 2017 has addressed some of the challenges. 5.2.1. Scope of Optimization of Land Acquisition However, the key demand for the simplification of Process the LA system to accelerate the LA process is still valid, especially the need to have landowners paid The IAs requiring land for their projects (the RBs) before they are asked to dispossess their land. and the key institutions assisting the LA process, including the DC office (the AB) can benefit It is important to recognize that over the years the from project-based support for optimizing LA GoB has launched various programs to facilitate process within the existing legal and institutional land management services, many of those using framework. The LA section of the DC office, the digital technology. However, these programs have ULO, the PWD, and the BFD need external support resulted in only marginal improvements. The GoB to complete their assigned jobs in the LA process recently approved two projects to bring digitalized in a timely manner. The RBs could provide this land administration services to the doorsteps of support to expedite the LA process. Key human citizens and foreign investors, and programs to 67 resources and logistical support are required to would extend support to the LA section through perform the following specific activities: secretarial and logistical services in the following areas: > Feasibility verification, disclosure of information, and video filming and still > Accessing the revenue record room at the imaging of the land and property proposed DC office, UZLO, and ULO, and collecting for acquisition. the latest khatians to identify the recorded owners of the land proposed for acquisition. > Collection of information on land ownership and transfer of ownership and possession > Preparing and serving notice on three thereafter by consulting the latest published occasions—the first notification under settlement records and other records of the Section 4, the second notification under UZLOs and ULOs. Section 7, and the third notification under Section 8 of ARIPA 2017 using the > Joint onsite listing of PIs with the land and automated ownership database. property proposed for acquisition by unit of ownership and possession. > Printing and providing joint verification and valuation forms for structures and trees, > Notification of the landowners of the completing the forms following field work, opening and final decision of the LA case, and having them verified and signed by the and award of compensation. authorized officers and representatives from the respective agencies. > Mobilization of landowners and PIs in establishing their legal rights and share in > Joint listing of current owners in possession the land proposed for acquisition. of land and PIs, and preparing the JVFB documenting the property to be acquired > Collection of prices for the land, and by unit of ownership with the current status valuation of other physical assets, including and use. structures, trees, crops, fish stocks, businesses, industries, etc. > Reviewing and screening the joint listing of landowners and PIs, the land and physical > Outreach to and identification of the legal assets, the market price valuation of the owners of the land to award and pay land and physical assets, and the land compensation. ownership data. > Preparation of reports and meeting minutes, > Supporting the valuation process for obtaining signatures of the relevant officers, acquired structures, trees, crops, and other and disclosure of information for public physical installations on acquired land, consultation. especially the respective PWD and DFO. > Other activities as identified during the > Designing and developing a database and preparation of the LA plan. software for an automated system linking 5.2.2. Scope of Support for the Acquiring Body land ownership data to compensation, and for retrieving data to determine the There is no legal bar for the RBs to provide compensation amount. support to the DC’s LA section either directly or through hiring service provider organizations, > Identifying needs, designing, developing, and the respective DC may allow such support and supporting the operation of an to carry out selected activities—impartially and automated system, and providing computer without prejudice. These organizations would not hardware equipment and installation for participate in the decision-making process but respective DC offices. Bangladesh Land Acquisition Diagnostic Review: 68 Legal and Institutional Framework, Procedures and Practices CHAPTER 5 > Helping the DC office with video recording would review it and finalize it with the help of the of the land proposed for acquisition and the RB and share it with the MoL, the DivC, and the RB assets on it, preparing the video archive, and at the time the LA case is opened. preparing the FVR. The LAPP should be attached with the LA case > Providing transportation support to staff records forwarded to the DivC or MoL for final who are deployed to carry out field activities decision. The RB would provide all support to the related to joint verification and valuation. DC in the LA process as per the LAMP approved by the MoL (on behalf of the GoB). > Computerizing the joint verification and valuation data, and developing a database 5.2.3. Documenting Ownership and Possession authenticated under the administrative Details for Land Acquisition authority of the DC that RBs will be able to Determination of ownership for compensating access. landowners affected by LA requires collaboration > Helping prepare joint verification and among the RB, the AC (Land) office, the DC office, valuation reports, ensuring that they follow and the landowners themselves. There are four the requirements of the law and mandates of steps in the LA process involving ownership the key agencies involved in the processes, data (collection, comparison, and updating): and ensuring their timely submission to the (1) when the RB submits the LA proposal to the DC office. DC, (2) when the LA section of the DC office accepts the LA proposal.1 (3) when the joint list2 > Handing over the verified joint verification is prepared, and (4) at final approval3 and valuation data to the DC office with a of the LA case (Table 5.1). master copy to the respective RB. To avoid a delay in the payment of compensation > Ensuring that the data is retrievable by money, the ownership decision process could the DC office to link with updated land be completed at the fourth step of title review ownership data, to facilitate issuance and share determination sought under Section of notices, preparation of awards, and 7 of ARIPA 2017 after the final decision of the production of payment bills. LA case to proceed. The RB could start working with the affected landowners right after the > Designing and providing training to the first notification under Section 4 of ARIPA 2017. responsible staff in the DC offices to operate Advocacy and support services, as described in the automated system and management of Section 5.2.4 of this chapter, could be extended the land ownership, joint verification, and to the listed landowners affected by the LA to valuation data. ascertain that all legal owners are notified, and Executive orders would be helpful in defining the their legal ownership and possession of property scope of project-based support in optimizing LA are fully supported with khatians updated and process in projects requiring acquisition of land. verified by the DC when notified to produce The feasibility study should propose the scope evidence of legal ownership of property proposed of work for supporting the LA in the respective for acquisition. project. An LA management plan (LAMP) with The study found that most of the owners in time-bound actions and responsibilities should possession of land at the time of acquisition would be developed while preparing the LA proposal in be able to establish their ownership claims before consultation with the concerned DC, SRO, PWD, the DC office notifies them to receive compensation and DFO (para 3 of the ARIPA Circular). The if efforts are exerted with adequate resources at LAMP should identify the necessary resources the following four steps in the process. to be mobilized during the LA process. Following the project LAMP, an LA processing plan (LASP) should be prepared for each LA case. The DC Strengthening the Land Acquisition System 69 Table 5.1. Steps in the LA Process Involving Ownership Data Collection and Verification LA Process Description First step: The RB fills out the Cha The RB collects ownership information from the revenue Form for submission with record room comprising: (1) plot number, (2) khatian number, the LA proposal. (Clause 1 of (3) land classification(s), and (4) names and addresses of the the ARIPA Circular) landowners as per the latest settlement record (which may be 10 to 30 years old). Second step: The AC (Land) office and Upon accepting the LA proposal, the DC office requests the ULO provide ownership concerned AC (Land) to provide updated ownership information updates at the request of in the Cha Form, including (1) names and addresses of owners the DC. (Clause 7 of the as per the khatian, (2) quantity of land and mutation case ARIPA Circular) number, (3) names of buyers for whom mutation is pending, (4) names and addresses of successors of deceased owners from the khatian, and (5) remarks, if any. The DC requires the information within 15 days to notify the landowners and PIs about the land proposed for acquisition. This is the first notification under Section 4 of ARIPA 2017. The ULO of the respective area provides the information under the guidance of and through the AC (Land). The AC (Land) could also request the Union Land Assistant Officer to visit the concerned mauzas and find out if any recorded owner has died leaving successors who have not initiated the mutation process to put their names in the latest records. The successors of the deceased owner(s) should be helped to mutate their names in the khatian. Upon authorization, a land transfer and succession survey could be initiated by the RB under the guidance of the AC (Land) in the concerned upazila and unions to facilitate identification of the current owners and legal possessors of the land. Third step: Preparation of joint list The joint verification team records all of the latest possessors (JVFB – Gha Form). (Clause of each plot, collects personal details, addresses, mobile 9 of the ARIPA Circular) numbers, and notes any physical infrastructure on the land, and other interests in the plot. This information is used to issue the notice under Section 7 of ARIPA 2017. Fourth step: Hearing on ownership Before the preparation of awards, the DC office calls the records under Section 7 of presumptive landowners for a hearing on their ownership ARIPA 2017 claims to ascertain ownership and possession of the land proposed for acquisition, and the share of compensation. This hearing is arranged at the DC office but often cannot be completed. On-the-spot hearings could be arranged at the concerned UZLO. The potential landowners would then be able to easily participate in the hearing and the current owners in legal possession of the land could be identified correctly. Vulnerable landowners such as women, physically challenged people, minors, and orphans would then be able to voice and establish their right, title, and interest in the land. Source: World Bank, as compiled by the study team based on ARIPA 2017 and the ARIPA Circular. Bangladesh Land Acquisition Diagnostic Review: 70 Legal and Institutional Framework, Procedures and Practices CHAPTER 5 If the current ownership of the land proposed for rectify the situation until they receive notice about acquisition could be ascertained by the time of the receiving compensation. Most of these landowners hearing, compensation payments could be quickly need support to be prepared in advance. Technical made. Experience shows that if a compensation support can be provided to landowners during claim with a full set of information and documents the four steps described in Table 5.1. In addition, regarding ownership is produced, payment can the 6 to 18 months’ time available from approval be made fairly quickly. The number of claims of a project to mobilization of contractors could processed in a day also depends on the staffing effectively be used to support the landowners in strength of the DC office and availability of the DC updating their rights and title to their property. An or their designated official to authorize payment. ownership preparedness campaign and technical support to landowners could begin after service 5.2.4. Support to Landowners in Updating of the notice under Section 4(1) of ARIPA 2017 or Khatians after completing the joint verification and signing the field books, whichever is earlier. Payment of compensation can be concluded within a comparatively short time when title The RB could initiate the following advance actions documents produced by presumptive landowners (Table 5.2) to expedite ownership determination are complete and up to date. Incomplete for the identification of awardees before the documentation of land transactions is common estimate of award is prepared. in Bangladesh, and affected landowners do not Table 5.2. Advance Actions to Expedite Ownership Determination Act ion Details One: Collect and furnish basic Responsibility: RB/project promoters information on units of land ownership. Source: UZLO and ULO/revenue record room Furnished with: LA proposal (Cha Form) The RB will collect, with appropriate authorization, initial information on units of ownership of land proposed for acquisition from the UZLO and ULO. The basic information includes: (1) Plot number, (2) khatian number, (3) land classification(s), and (4) names and addresses of landowners from the latest land records. The collected information may be used in consultation with the LA section of the concerned DC office while preparing the LA proposal so that the LA section will need less time to verify it when it is submitted to them for approval. Two: Assist the AC (Land) office Responsibility: RB and ULO in providing updated ownership information at the Source: AC (Land) office(s), ULO(s), presumptive landowners request of the DCs. Furnished with: LA proposal (Cha Form) Approach: Engage and authorize a consultant team with personnel trained and experienced in land administration and in the collection of land records. Allocate resources consistent with the scope of the LA and number of ULOs to cover. Strengthening the Land Acquisition System 71 Act ion Details Tasks. (1) Based on the information on the ownership of units of land, the consultant team will work with the concerned AC (Land) office and ULO to extract data from the available land records. Columns 5 to 8 of the Cha Form will be filled in with this information and will include: > Names and addresses of the owners according to the mutation khatian. > Quantity of land and mutation case number. > Names of buyers for whom mutation has not been initiated. > Names and addresses of successors of deceased owners from the mutation or survey khatian. > Remarks, if any. (2) The consultant team will specifically help the ULO to identify (i) buyers who did not initiate mutation of the records of ownership of the land they purchased; (ii) owners on record who died leaving successors; and (iii) the successors. (3) The consultant team will verify the mutation records, the buyers of land in whose favor the records have not been mutated, and the successors of uncontested owners on record who are deceased. The title search activity will be announced to the landowners and adjoining communities once joint verification is completed. The persons standing to lose land will be identified on the basis of available ownership records verified using a protocol developed in consultation with the LA section of the DC office, the AC (Land) office, and the ULO. Depending on the availability of records and the merit of their claims, they will be placed under four different preparedness groups, to receive the requisite support: (i) Landowners with complete ownership records; (ii) landowners with ownership records to be completed with additional documents; (iii) legal owners to complete land transfer by mutation and succession certification; and (iv) landowners with contested claims of ownership. The landowners will also be divided into two broad categories. Those who are sufficiently aware about land records and the compensation procedure can proceed on their own. This group may not need additional support. Landowners who are not sufficiently aware and are hesitant to present their claims to the DC offices or have inadequate knowledge about land records and compensation procedures need additional support to establish their uncontested ownership of the land under acquisition. Three: Hold hearing on ownership Responsibility: DC office, landowners, and PIs records under Section 7 of ARIPA 2017. Facilitation: RB, using consultant resources Approach: Engage and authorize a consultant team with personnel trained and experienced in land records and land administration. Allocate resources consistent with the scope of the LA and number of ULOs to cover. Tasks. After information on the finalized land schedule and ownerships (Cha Form) is submitted with the LA proposal, the consultant team will: (1) Design and carry out a disclosure and outreach campaign to encourage all presumptive landowners to get their ownership documents ready to establish uncontested ownership of the land proposed for acquisition. (2) Motivate and educate the identified landowners to be prepared to establish their uncontested ownership of the land. (3) Establish and operate union-based counselling booths that presumptive landowners can access. Bangladesh Land Acquisition Diagnostic Review: 72 Legal and Institutional Framework, Procedures and Practices CHAPTER 5 Act ion Details (4) Help individual landowners through reviewing the ownership documents in their possession and recommending further action to obtain complete and up-to-date land records in support of their uncontested ownership of the land. (5) Encourage landowners to appear at the DC office or at a designated venue on the date notified for the hearing under Section 7, bringing with them the full set of ownership documents. (6) On the basis of the hearing, assist landowners in completing documentation in support of their uncontested ownership of the land. (7) Identify and prepare a list of vulnerable owners, especially women, those who are physically challenged, minors, orphans, ethnic communities, and expatriate landowners. The RB, in consultation with, and with the consent of, the DC office, will channel support to the DC office for the timely organization of the hearing on ownership and to complete all formalities for landowners in the shortest possible time before preparing the estimate of awards. The consultant will ensure that at least 90% of the affected landowners, notified individually or collectively, can establish ownership before the DC office. Four: Continue to support Responsibility: The landowners and PIs persons losing land to prepare their application to Facilitation: RB using consultant resources claim compensation after notification under Section 8 of Problems commonly seen while processing compensation ARIPA 2017. include (1) a lack of knowledge of where and how to apply and what documents to furnish with the application, (2) hardship of traveling frequently to the DC and other offices, (3) claimed compensation amount not acceptable, (4) absentee owners, and (5) hard to reach female co-owners and successors. The RB will provide continuing support to willing landowners and vulnerable landowners during the process. Source: World Bank, from findings by the study team. 5.2.5. Proposed Resources and Budget Support logistics, and support for field and secretarial activities. An LAMP with an adequate budget would The requirement for resources should be identified be developed and approved to include the budget during the feasibility study and confirmed in in the DPP. This proposal would be customized consultation with the respective key agencies, as per the social assessment and included in the including the DC office, the PWD, and the DFO. scope of the design and supervision consultancy Adequate budget for procuring these resources or as a separate LAR consultancy proportionate to for the project LA would then be included in the the size and location of the LA. The budget would DPP, and allocated funds that would be released finance the procurement of consulting services to before inviting bids for civil works. provide the following resources: The project feasibility study and detailed (1) Personnel (the actual requirements engineering design should include an assessment will depend on the scope of the LA of the institutional capacity of the AB (relevant DC undertaking): office, the PWD, and the DFO in the project area) i. Institutional and Administrative under the social assessment. The assessment Specialist should identify the required skill sets, staffing, Strengthening the Land Acquisition System 73 ii. Land Administration Specialist identified through the institutional capacity iii. Land Acquisition Specialist assessment against the size of the acquisition under the project. iv. GIS and Database Experts v. Data Collection Assistants > Engaging with the AB, including the DC, the PWD, and the DFO, is important to identify vi. Data Entry Operators their needs for project support and agree vii. Data Processors with them on the approach to execute the viii. Land Information Specialist support. ix. Land Record Assistants > Clear boundaries in the role of the RB for x. Land Revenue Specialist extended project support to the LA process xi. Secretarial Service Assistants to assist the LA section of the DC office, the PWD, and the DFO is important. xii. Software Development Specialist. > Support of the LA process by the RBs (2) Rental transport as needed for travel employing service providers may require and field activities. administrative direction from the MoL (3) Computer hardware and customized for effective utilization of the resources software, including printers and allocated under projects. scanners. (4) Stationery and supplies. 5.3. Areas to Consider for Land Administration Reform (5) Allowance to staff in participating public _____ agencies. (6) Training on land information management, 5.3.1. Shorter-Term Measures to Simplify the such as land transfers and successions, Land Acquisition Process mutation of land after a transfer or Automate the land acquisition process. The GoB succession, registration (requirements, is moving towards digitalization and automation of process, and types of registration), land administration and management. The digital sale agreement, share determination land administration project targets digitalization between heirs (Hindu, Muslim, and (scanning and archiving of old data; and capturing, Tribal), introduction to land records, such processing, and archiving new data using ICT) as khatians, deeds, land development of land records and serving the landowners tax receipts, mauza maps, and other upon electronic lodgment of an application. The documents supporting the ownership and LA process could use a similar online platform legal possession of property. that has been tested by the DCs in Dhaka and The proposals for optimizing LA process in Chattogram. Application of an automated system projects through project-based support could like e-namjari (electronic mutation) for the be implemented across organizations of varied processing of LA proposals by the RB and AB can capacities irrespective of funding sources to be designed, developed, and operated by the AB help citizens get their compensation in a timely or jointly by the RB and AB. manner when their land is taken for development It is widely felt that digitalization of land projects. The project-based support to optimize administration is needed for the automation of LA. the LA process should be designed taking into However, this process requires inclusive analysis consideration the following: of the existing land record management system. > A sub-item under the LA budget in the Digitalization of land records in their existing form DPP for LA support should be created may not improve the system due to its legacy of and approved based on the requirements political economy and incentives.5 A deep dive Bangladesh Land Acquisition Diagnostic Review: 74 Legal and Institutional Framework, Procedures and Practices CHAPTER 5 analysis of the ongoing legal and institutional right only, determined separately. A provision reform process would be helpful to guide the of acquiring the usage right without ownership modernization of land administration using ICT. transfer, can be added to the law through amendment. There should be an administrative Introduce an oversight mechanism. An LA protocol set up with the DC office for correcting the Monitoring Committee could be formed at the signed award books following dispute resolution. divisional and MoL levels to monitor the progress The ADC (LA)/ADC (Revenue) would handle the of LA cases quarterly at the divisional level, and administrative protocol to deal with the settlement semiannually at the MoL level. The divisional- of contested claims insofar as the parties mutually level meeting would be presided over by the DivC agree. In the case of disagreement, the parties with representatives from the RB and AB. The would file with the court and its decision would be MoL-level meetings would be presided over by legally binding on the parties. the Secretary of the MoL with participation by the requiring ministries and their departments and the Set up an escrow account for unclaimed and DivCs of the respective divisions. undisbursed compensation money. The GoB could allow the LA compensation bank account Streamline the valuation and assessment of of the DCs to be interest bearing. Any unclaimed structures and trees and develop a market or undisbursed compensation money sitting in price database. Assessment of affected physical the account for more than a year from the date structures and trees is done in two stages in the LA of service of the notice under Section 8(3) of process: first during joint verification (or joint listing ARIPA 2017 should accrue interest at the current as per the MoL) and the second time during valuation national rate of interest on savings. When a claim by the PWD for structures and the DFO for trees. is received by the DC office, the rightful awardees Formats used by the PWD and DFO are different would receive compensation with accrued interest. from those used for joint verification. The PWD and DFO could participate in the joint verification with Provide for the resettlement of project affected the LA staff to assess the loss of structures and people. ARIPA 2017 provides for the resettlement trees in the format used for valuation. The joint of physically displaced residential households verification format could be revised to reflect the only. The economic rehabilitation of those losing requirements of valuation. This will save time by their businesses and income is not provided eliminating a second field visit for assessment of under the law, except for compensation for loss affected structures and trees. of income. The rules for implementation of ARIPA 2017 should detail out the scope and application The PWD could develop a nationwide database of the resettlement provision for the physical and for the market price of structures of various economic rehabilitation of affected households conventional categories for a given year and and persons, especially vulnerable affected update that periodically for changes in market persons. The rules should be developed following prices. Similarly, the BFD could develop a the good practice examples of resettlement in nationwide database for the market price of trees national priority projects. of various species for a given year and update that periodically. The DC office could then use these 5.3.2. Matters Relating to Legal and market price charts to calculate compensation for Institutional Reforms structures and trees on the land acquired. Legal and institutional reform is a longer process Develop a dispute resolution mechanism. In the and requires a planned and gradual change in case of joint ownership with contested claims, or the legal and administrative structure, and the disputed ownership, compensation money would rules governing the business of responsible be placed in a special account to be accessed by the departments using a functional interoperability rightful owners after settlement of disputes. The mechanism. The land administration reform current owner(s), identified in possession of land agenda is under the jurisdiction of policy makers, during joint listing, will be compensated for usage ministries, and lawmakers with a political Strengthening the Land Acquisition System 75 commitment to citizens to identify gaps and The GoB has undertaken projects7 for the bridge them to synchronize the work of the three digitalization and strengthening of land departments— the DLRS, the LRB, and the DR. administration and the establishment of the The reform initiatives could include the following interoperability and objective management of land specific concepts and actions, among others, for records, including registration of land transfers, land administration modernization. mutation for the transfer and succession of land rights, and khatians. Update legal and administrative requirements. Several laws govern property rights in Require a correct description in the schedule of Bangladesh and land administration is managed property in the deed of transfer. The Registration under two different ministries. The LA process Act 1908 (Section 22A) and the Bangladesh follows the acquisition laws while ownership is Registration Rules 2014 (Rule 20(i)) require giving determined under the laws governing property a “complete description of the property to be rights. Currently, completion of an LA requires transferred.” The correct description of property navigating through multiple laws.6 This can be in an instrument of transfer should identify only avoided if the GoB takes steps to unify the entire the transferred portion, not the entire property in process under the umbrella of ARIPA 2017, and the plot or in the khatian. In practice one khatian integrate all laws relating to property rights into may contain several plots and sometimes, one a single land law. This is particularly an issue for plot appears in more than one khatian record. CHT. The provisions of the CHT Regulation 1900 The transfer document must correctly describe are not complete with regard to land ownership the boundaries on all sides of the transferred and possession by individual landowners property, and these boundaries when checked at and communities in the three hill districts of the site must match the quantity of land in the plot Bangladesh. Further, no cadastral survey has where possession has been delivered. Writing been carried out in the hill districts to date. There incorrect or fictitious boundary descriptions in is an absence of functional coordination between land transfer deeds must be stopped. the DC and the HDCs. The current legal and institutional arrangements in the hill districts are Ensure up-to-date land records and khatians. complex and unfavorable to tribal landowners, The land offices at the union and upazila levels most of whom continue with the customary should maintain up-to-date khatians. The ULO tenure system, which is not legally recognized cannot maintain up-to-date information because under the mainstream land administration. This it does not receive information on time. This would scenario creates uncertainty with regard to LA, be possible if all three departments involved and the practice differs from one hill district to in land administration work in concert under a another. common legal and institutional framework with the support of landowners. There are issues with land governance and administration in Bangladesh that require Require partition of jointly-held property by co- attention to improve land administration, owners. There should be no registration of the which will strengthen the overall LA system. transfer of part of a jointly-held property until the Among other things, there is a need to develop co-owners of the property partition and subdivide interdepartmental coordination, beginning the land following the relevant law. Owners with the registration of land transfers and the of such property will have to first mutate and mandatory mutation and updating of khatians subdivide the tenancy. and plot boundaries on the mauza maps following Make mutations mandatory for land transfers. the actual partition of land plots on the ground. The SRO will inform the ULO through notice in This requires an intensive review of the existing the prescribed form that the landed property as regulatory and institutional land administration described in the schedule of property has been framework based on national and international transferred by A to B. The notice (called the LT best practices and citizen consultation. notice) is mandatory under the law. An executive Bangladesh Land Acquisition Diagnostic Review: 76 Legal and Institutional Framework, Procedures and Practices CHAPTER 5 order from the DR will obligate the AC (Land) to Capacity support at the project level. The Bank act on such LT notices. could encourage task teams to pilot project- based support for strengthening the LA process, Continuously update plot boundaries and identifying resource requirements and how those khatians for the transfer of property. The present resources are applied, assisting with institutional practice of conducting revisional surveys at coordination, and mobilizing affected landowners periodic intervals should be replaced with a legal with targeted assistance to prepare them for and institutional framework where the updating making compensation claims as described in of maps and khatians is continuous. Mutation of Section 5.2. The efforts should be integrated in land ownership should not only include updating the design of projects where World Bank ESSs the khatian but also the partition of the plot on LA, restrictions on land use, and involuntary boundaries in the mauza map. The AC (Land) office/ resettlement (ESS5) will be triggered. The client UZLO should update the khatian on the transfer departments should be advised to ensure that the of ownership or succession of property while necessary resources for LA capacity support are the upazila settlement office (USO) updates the included in the DPP. mauza map. The MoL can review the requirements and issue an executive order to assign survey and Engagement with land administration mapping functions to the DLRS during mutation departments and sensitization. The World proceedings. The technical (survey and mapping) Bank could engage with the land administration aspects of the mutation proceedings can be departments led by the MoL and the DR of the maintained by the USO. Presently, the technical Ministry of Law and Parliamentary Affairs. The aspects are not performed by the UZLOs owing to study results could be disseminated to each capacity constraints. of the relevant ministries and departments to document their feedback, expectations, and The study identified the pertinent issues approaches towards short-term improvement constraining the efficient management of land and long-term reform of land administration, records, land transfers, and LAs, as well as leading to the simplification of the LA system. measures for modernizing land administration, The engagement could start first with the which will lead to improvement of the LA system Economic Relations Division of the Ministry of in Bangladesh. Details of the issues, with the Planning to facilitate referenced departments legal and institutional framework, proposals for in land administration to frame a roadmap to strengthening the system, and areas of attention review and reform the legal and institutional for a possible reform in land administration have framework of land administration. The World been provided in Appendix A. Bank could also seek to coordinate with other IFIs on their experiences and strategies to 5.4. Bank Engagement in develop and implement a concerted effort of Strengthening the Land land administration reform in Bangladesh. Acquisition Process _____ System diagnostics and analytics to support The study results pointed exclusively to the legal and institutional reform and strengthening. need to strengthen the LA process through As the Bank engages with the GoB’s relevant a drastic simplification of land administration ministries through communication and dialogue and the creation of interoperability between regarding the results of this study, demand for the departments responsible for the creation reform and the agenda will be identified. With this of khatians, LA, documenting the transfer of foundation for next steps, the Bank and the GoB land titles, and updating khatians, including could agree on technical assistance for policy transaction-based updating and periodic updating. engagement in the direction of the demand for Opportunities for Bank engagement to contribute reform of the legal and administrative system. to the actions, the study identified to strengthen The Bank could also communicate and share the LA system, are discussed below: the agenda with other IFIs and frame a concrete Strengthening the Land Acquisition System 77 scope of engagement, if requested, to support The outcome of the policy reform technical the efforts of the GoB in modernizing land assistance would be an action plan for legal and administration and simplifying the LA system. institutional reform in land administration with Initial technical assistance could be based on the specific proposals for the modernization of land results and recommendations of the study, and administration, including the digitalization of land the legal and institutional issues identified in this survey and records management. The GoB could chapter. then seek to implement the action plan gradually as per the design and time schedule agreed in the plan. Notes ................................ 1 For notifying the persons appearing in the updated owners’ record furnished by the AC (Land) and persons having interests in the land proposed for acquisition. 2 Plot-based JVFB (Gha Form) prepared in the presence of the AB, RB, and PIs. 3 Notification of the presumptive landowners and PIs. 4 Under Section 7 of ARIPA 2017. 5 The political economy of land administration in a land-scarce country like Bangladesh is complex, and incentives are complicated and diverse, involving many actors. In short, maintaining the status quo helps the elites to reap benefits and exert control over citizens. We can think of conducting a study along the lines of political economy based on the studies that have been and are now being conducted in Bangladesh like the ones conducted by SOAS and BRAC University, Bangladesh. 6 The LA legal framework includes ARIPA 2017, SATA 1950, CHTR 1958, CHTA 2019, TIA 1953, the Waqfs Ordinance 1962, and EDA 1952. 7 Land Management Automation Project (2020–2025), Strengthening Management Capacity of DLRS for Digital Land Survey Project (2020–2025), Strengthening Access to Land and Property Rights for All Citizens of Bangladesh Project (2011–2017), and Land Survey and Preparation and Preservation of Records using Digital Method Project (Phase 1: 2012–2018). Bangladesh Land Acquisition Diagnostic Review: 78 Legal and Institutional Framework, Procedures and Practices Bangladesh Land Acquisition Diagnostic Review: Legal and Institutional Framework, Procedures and Practices Appendix-A Probable Agenda for Land Administration Reform 79 Bangladesh Land Acquisition Diagnostic Review: 80 Legal and Institutional Framework, Procedures and Practices Appendix-A Table of Contents 1. Legal and Regulatory Improvement 80 2. Reform of Land Administration and Management 80 3. Digitalization of Land Administration and Automation 82 4. Land Acquisition Reform in the Chattogram Hill Tracts 83 5. Specific Agenda for Possible Reform in Land Administration 84 (1) Correct Description of Schedule of Property in the Deed of Transfer 84 (2) Up-to-Date Land Records and Khatians 85 (3) Partition of Jointly-Held Property by Co-Owner 85 (4) Mandatory Mutation in Land Transfer 85 (5) Whole Plot in One Khatian 86 (6) Plot Measurement and Coordinates in the Mauza Map 86 (7) Continuous Updating of Maps and Khatians 87 (8) Professionalization of Survey and Settlement 86 (9) Resolution of Ownership Disputes 87 (10) Cadastral Survey in CHT 87 81 As the LADR examined the bottlenecks and challenges associated with the land acquisition system in Bangladesh, institutional boundaries, staff and resource limitations, and inefficient records management are identified causing delays. A sustainable modernized land administration may eliminated all the complexities and delays that requires careful review of all complete and ongoing works and experiences and extensive consultation with stakeholders. The key entry points for the review and reform of land administration are identified in the study. 1. Legal and Regulatory Numerous studies (1995-2017) on modernization Improvement and reform have proposed changes in the basics _____ of land information management. Ideally, the new The key land-related legislation1 currently land administration should adopt these changes being used in Bangladesh include: (1) the and incorporate them in the new land record Transfer of Property Act 1882 (TPA 1882); (2) the format. Registration Act 1908; (3) the Non-Agricultural The new and reformed land administration Tenancy Act 1949; (4) the State Acquisition and system should deliver the following:2 Tenancy Act 1950 (SATA 1950); (5) the Acquisition of Waste Land Act 1950; (6) the Bangladesh Land > A complete and current record of every plot Holding (Limitation) Order 1972; (7) the Land of land, namely the dimensions, size, and Reforms Ordinance 1984; (8) the Land Reform unambiguous identification, and its spatial Board Act 1989; and (9) the Hill Districts (Repeal relationship with all other plots of land. and Special Provision) Act 1989. The laws, rules, and manuals developed under provisions > A complete record of all rights in and of the repealed Bengal Tenancy Act 1885 ownership of every plot. could be substituted with new rules, technical > A complete record of existing encumbrances. instructions, and manuals under SATA 1950. All these revisions could be brought into one single > A complete and current record of all national land law through a long-term reform transactions. program—following a detailed analysis of the legal and regulatory systems in Bangladesh; > Secure, timely, and uncorrupted storage and with a focus on the experience and potential for retrieval of the above information. digitalization of land administration—linking and later integrating all three departments involved: 2. Reform of Land Administration settlement, management, and registration. and Management _____ In the shorter term, a new Survey and Settlement Land administration involves three departments: Manual could be developed to replace the settlement, management, and registration. The existing Survey Settlement Manual 1935 and the offices of the Settlement Officer under the DLRS Technical Instructions 1957. Similarly, the Land are responsible for the creation and periodic Management Manual 1990 and Tenancy Rules update of the mauza map and khatian. Once the 1954-55 need to be updated. Digital surveys under mauza maps and khatians are published, they are the Directorate of Land Record and Survey (DLRS) handed over to the Deputy Commissioners (DCs) and e-mutation under the Land Reform Board for updating on the basis of transactions reported (LRB) are not backed up by any law or rules. The to them. These updating tasks are primarily incomplete Digital Survey Manual of the DLRS conducted by upazila land offices (UZLOs) and needs changes to accommodate current survey union land offices (ULOs). The Sub-Registrar’s work practices. Bangladesh Land Acquisition Diagnostic Review: 82 Legal and Institutional Framework, Procedures and Practices Appendix-A Office (SRO) under the Directorate of Registration current work procedure is resulting in a backlog (DR) is responsible for the registration of all land in updating these records and therefore needs transfers, including sale, gift, exchange, lease, to be replaced by a work procedure that is more succession, mortgage, and heba (gifts under efficient and robust. This new work procedure Islamic Law). These registered instruments of could be operationalized through remote or transfer are the basis for updating ownership onsite interaction among the three departments. information in the khatians maintained by the Stakeholders presented three proposals during DC and its subordinate UZLOs and ULOs. The the field study (Table A.1). Table A.1. Proposals for Reform of Land Management and Administration Proposal Description Proposal 1: (1) The three land administration departments—registration, management, and settlement—should be fully automated and digitally connected. Automation of land transfer registration would enable the registration department to transmit the contents of all registered deeds online to the settlement and management departments. (2) Citizens’ service and information centers should be established in each department to provide services at the required levels to landowners. (3) There should be mandatory registration of partition deeds among successors after the death of the recorded owner. Stamp duty for partition deeds should be waived. (4) All mutation by the Assistant Commissioner (AC) (Land) should be based on the actual physical possession of land instead of a share of succession to the plot. (5) The mutation khatian should include a drawn map with the dimensions, measurements, and coordinates of the land in the actual possession of the seller/ donor; this will apply for the new owners after mutation of the khatian following the transfer. (6) The schedule of property in a transfer deed should be based on actual possession and ownership. The practice of writing incorrect and fictitious descriptions in the schedule of property in transfer deeds should be stopped.3 (7) The original registered deed should be handed over to the buyer after the AC (Land) delivers the mutation papers to the buyer, and a copy may be sent to the SRO to be kept in the khatian book (to be supplied). Presently, SROs are not provided with a copy of the khatian and map prepared by the settlement department, but the field study revealed a demand for such copies among SROs. (8) All land transfer registration must be done following verification of an unbroken chain of land transfers, khatians (latest and immediate past one), and mauza maps. The LT notice and registered deed should be transmitted (electronically) to the AC (Land) office to initiate the mutation process. (9) Subdivision or consolidation of land plots should be the responsibility of the USO,4 and mutation khatian should be on a whole plot basis. (10) The latest khatian should be uploaded to the common server of the three departments along with the map and the khatian of the immediate past survey. Probable Agenda for Land Administration Reform 83 Proposal Description Proposal 2: Establish close cooperation between the three land administration departments through a revised and updated formal working relationship between the settlement, management, and registration departments. The following steps should be taken: (1) No khatian with multiple plots; instead, one plot for one khatian. (2) Prepare a coordinate-based mauza map with measurement and dimension information. (3) Establish permanent boundary pillars for each mauza with GPS coordinates and transfer the responsibility of maintaining demarcation pillars to the management department. Proposal 3: Establish a new land administration with complete automation5 of the work of the three departments, combined with the following measures: (1) All three offices in one compound (2) One coordinator for three offices (3) Registration deed in a one-page form (4) Registration department put under the Ministry of Land (MoL). Source: World Bank, as compiled by the study team from consultations with stakeholders. Of the three above, Proposal 1 is implementable can now access this site for the collection of under the current legal and institutional khatians, mutation of khatians, review of mutations, arrangements. Proposals 2 and 3 would be collection of certified copies of mutations, part of a long-term reform agenda. In the new rectification of records owing to incorrect entries arrangement following Proposal 1, no deed and following court orders, changing the class would be registered for a land transfer without of land, permission for the transfer of land in the verification of the relevant khatian and map of the hill districts, etc. The virtual revenue record room, latest survey. The land management department e-mutation, collection of khatians and mauza should update the relevant khatian as per the LT maps, and record correction are the most useful notice issued under Section 89 of SATA 1950 read services related to private land. The MoL received with Section 143C. the United Nations Public Service Award 2020 for the successful implementation of the e-namjari 3. Digitalization of Land (electronic mutation) system at the GoB level. Administration and Automation _____ The district administration of Chattogram has drawn up an innovative idea for an online single Bangladesh has made good advances in utilizing window land service—developing an automated ICT in administration and service delivery in both land management system using a database the private and public sectors. Land administration created using the national identification (NID) under the public sector has been part of this number of citizens (http://chittagong.gov.bd) along progress. The settlement and management of with information on each person’s land ownership. land resources have already benefited from the A one-stop land management system is proposed use of ICT. The MoL, with initiative from the LRB, as follows: developed and established a digital land record and service system under A2I.6 The system (1) A citizen database that includes the has been hosted at https://land.gov.bd/ as an ownership of land according to the independent online portal.7 Citizens of Bangladesh latest published khatians based on Bangladesh Land Acquisition Diagnostic Review: 84 Legal and Institutional Framework, Procedures and Practices Appendix-A the cadastral survey (Bangladesh of an individual and a unique survey/City Jarip/revisional surveys) registration number in the case of will be developed referencing the NID an organization—will be used to numbers of individual citizens. collect the land development tax more efficiently. This is expected to (2) All land transfers will be registered increase land revenue collection as based on the land database, which well. will be updated following registered land transactions between buyers (9) Actual persons seeking land and sellers on an ongoing basis. services can be distinguished from brokers/fraudsters using artificial (3) A database of recorded khas land, intelligence enabled closed circuit gazetted abandoned property, and cameras. This will improve the vested property will be developed security of the land offices as well. for the benefit of the district administration. If a land transfer The MoL can review these concepts, and analyze deed includes khas land, then the the systems for land transfer registration, transfer of the concerned land will ownership records management, and settlement be void. records to design a program for the digitalization of land administration backed by a legal and (4) When a person approaches the land regulatory framework with related reforms. An office for mutation of a khatian based integrated digital survey and mapping system for on a registered transfer deed, land Bangladesh, including areas prone to erosion, can records will be updated according to be developed and operated. the database. Automation of the land administration will (5) In the case of an acquisition of land eventually induce automation in the land for any public purpose, the persons acquisition (LA) process, where a key constraint owning the land as recorded in lies in identifying the legal owners of land the land database will receive proposed for acquisition. compensation, referencing their NID number. The compensation will be 4. Land Acquisition Reform in the paid into their active bank accounts. Chattogram Hill Tracts The acquired land will then be _____ recorded in the name of the GoB and The provisions of the Chittagong Hill Tracts included in the land database. (CHT) Regulation of 1900 are incomplete with (6) The current plain paper khatian regard to land ownership and possession by issued through the e-namjari system individual landowners and communities. Further, will be replaced with a hologram- no cadastral survey has been carried out in the encrypted security paper to avoid hill districts to date, where a three-dimensional forgery. survey method needs to be used. There has yet to be a land dispute resolution mechanism that (7) Currently, many people take out complies with the peace accord of 1997.8 No loans from two or three banks by coordination mechanism has been developed mortgaging the same land. There between the DC and the Hill District Councils will be a tracking tool in the system (HDCs) after amendment of the three Hill District for monitoring land mortgages. Council Acts9 in 1998. As a result, the current legal and institutional arrangements are complex, time (8) The up-to-date land database that consuming, unfavorable to tribal landowners will be developed—referencing (most of whom continue with the customary the NID number in the case Probable Agenda for Land Administration Reform 85 tenure system and do not possess the legally 315-316 of the Land Management Manual 1990 recognized proper ownership documents for their justifies no action on LT notices, and the reasons land), and inadequate to facilitate LA in the hill given in paragraph 316 are: districts. This scenario introduces uncertainty in LA, and the practice differs from one hill district (a) The LT notices are mostly to another. Development partners are taking vague and unclear (obscure and special measures, but they are not followed in incomprehensible). GoB-funded projects. The study team found (b) The legal right to transfer and the that the acquiring body (AB) and the requiring ownership and possession of the body (RB) were processing LAs in the three hill transferor are not verified at the time districts following the MoL circular of December of the land transfer registration. 10, 2017 (based on the Acquisition and Requisition of Immovable Property Act 2017 (ARIPA 2017))— (c) The absence of a verification although it does not apply to CHT—and the 1997 mechanism leads to forgery and IPA Manual. All these shortcomings need to be deception. addressed and remedied. Paragraph 317 of the manual directs the AC (Land) to initiate a mutation case upon receipt of an LT 5. Specific Agenda for Possible notice, but in the next paragraph (318) says that Reform in Land Administration no mutation can be done by a person whose _____ name is not in the latest khatian as it is against The present land administration and its legal the provisions of Section 143 of SATA 1950. These framework need the immediate attention of contradictory provisions of the manual, coupled national policy makers to bridge existing gaps and with an absence of initiatives by the registration synchronize the work of the three departments: department to introduce enabling provisions to the DLRS, the LRB, and the DR. The DLRS is implement Section 53C of TPA 1882, has deprived responsible for the creation of khatians, the actual landowners from enjoying the benefits of LRB is responsible for updating those records, that section. and the DR is responsible for documenting ownership transfers between parties. Specific The correct description of property in an concepts and actions for the modernization of instrument of transfer should identify the size land administration based on the reform initiatives and location of only the transferred portion, not proposed in Section 2 are discussed below. the entire property in a plot or under a khatian. It must correctly describe the boundaries on (1) Correct Description of Schedule of all sides of the transferred property, and these Property in the Deed of Transfer boundaries, when checked at the site must match the quantity of land in the plot where possession Section 22A of the Registration Act 1908 and has been delivered. There are no clear provisions Rule 20(i) of Bangladesh Registration Rules or directives in this regard from any of the 2014 require giving a “complete description of land administration departments. This may be the property to be transferred.” What constitutes attributed to a lack of interest from either the state a complete and an incomplete description or the owners to accurately describe the property. have yet to be defined either in the law or in the rules. Taking advantage of this lacuna, a Writing incorrect or fictitious boundary high proportion of transfer instruments contain descriptions in land transfer deeds should not property descriptions that are inaccurate, that be allowed. The present practice of including all is, the description does not match the reality on plots in joint khatian or khatians in the schedule of the ground. This is one of the reasons why the property, and then mentioning the amount of land LT notice under Section 89 of SATA 1950 is not as “out of which” without specifying the particular used by the management department (ULOs and quantities from each or any of the plot(s) should UZLOs) for updating land records. Paragraphs be stopped. This bizarre practice causes many Bangladesh Land Acquisition Diagnostic Review: 86 Legal and Institutional Framework, Procedures and Practices Appendix-A ownership disputes and complexities, leading departments work in concert under a common to multiple claims over the same land, forcible legal and institutional framework with the support takeover of land, and a multiplicity of civil and of the landowners. The GoB has implemented criminal proceedings. Incorrect descriptions in numerous initiatives since 1995 to streamline the schedule of property make it possible to make land administration. Additional measures should contesting claims over the same piece of land. be taken in cooperation with the settlement department and registration department under It has been a requirement of the law since 2004 the current legal framework for updating land that immovable property sold must be with ownership records at the ULOs and UZLOs. reference to the latest khatian. Section 53C of TPA 1882 states: “No immovable property shall be (3) Partition of Jointly-Held Property by Co- sold by a person unless his/her name, if he/she Owner is the owner of the property otherwise than by inheritance, or his/her name or the name of his/her There should be no registration of the transfer predecessor, if he/she is the owner of the property of part of a jointly-held property until the co- by inheritance, appears in respect of the property owners of the property partition and subdivide the in the latest khatian prepared under the State land following Sections 116 and 117 of SATA 1950. Acquisition and Tenancy Act, 1950, and any sale Owners of such property will have to first mutate made otherwise shall be void.” No implementation and subdivide the tenancy, or the AB will use its mechanism has been developed to date by the discretion under Section 13 of ARIPA 2017, that is, it DR for uniform application of this section by Sub- will take over the property by deeming that it has Registrars. This law can be uniformly followed been paid for. In such a scenario the AB and RB by landowners, deed writers, and Sub-Registrars will need to arrange an alternative compensation if the DR issues an executive order with sample award in line with the national law and the forms. safeguards policies of development partners. The 2006 amendments to SATA 1950 (Section 143B) All transfers will be on the basis of the actual and to the Registration Act 1908 (Section 78B) possession by the seller of the specified plot of facilitate partition at a minimum cost. The office land. No notional possession in a joint property of the DC can facilitate this mutation of records. will be recognized until the remaining co-owners An executive order from the GoB could fast track recognize such possession in writing through mutation in LA cases. a deed of partition or informal family partition. The schedule of property in a deed must be (4) Mandatory Mutation in Land Transfer written correctly, containing the description of The SRO informs the ULO through notice in the property to be transferred by reference to the prescribed form (the LT notice) that the only the latest survey khatian as required under landed property as described in the schedule of Section 53C of TPA 1882. No schedule of property property has been transferred by A to B. The LT should be accepted in the deed if it is based on a notice10 is mandatory under Section 89 of SATA khatian that has been superseded. 1950. The detailed procedure and conditions (2) Up-to-Date Land Records and Khatians for non-compliance with the LT notice by the ULO is laid down in paragraphs 315-318 of the The UZLOs and ULOs should maintain up-to- Land Management Manual 1990. Section 143C date khatians. Up-to-date land information is introduced into SATA 1950 in 2006 lays down the maintained in Register 1 (Khatian Book) and implementation procedure for updating records Register 2 (Demand/Holding Register) at the ULO. against the LT notice issued under Section 89. It These two registers along with the mauza map states the following: are collectively referred to as the land record. The ULO cannot maintain up-to-date information “(1) The Revenue-officer on receipt of the because it does not receive information on time. notice under section 89 shall open a It is possible if all three land administration file for mutation of record-of rights Probable Agenda for Land Administration Reform 87 and shall issue notice to the co- survey would be required. In the short term, the RB sharers of the holding for mutation. could incorporate measurement and coordinate information into their LA proposals based on the (2) For this purpose, the Revenue-officer current mauza map for easy identification of the shall fix a date for objection if any. land to be acquired during the feasibility study If no objection is raised within the and preparation of the joint listing. stipulated period, the Revenue-officer shall correct the record-of-rights (7) Continuous Updating of Maps and accordingly. Khatians (4) If any objection is filed by any co- The present practice of conducting revisional sharer of the holding, then the surveys at periodic intervals should be replaced Revenue-officer shall fix a date for with a legal and institutional framework where hearing both the parties, and after updating maps and khatians is continuous. With hearing, the Revenue-officer shall existing provisions, updating the khatian and pass an order stating the reasons relevant map during the mutation of records thereof, and the record-of-rights shall can be transferred from the management be corrected accordingly.” department to the settlement department or a functional interoperability between the two can In spite of such clear provisions in Section 143C, be established for the simultaneous updating of paragraphs 315-316 (justifying non-compliance the khatian and the map. In the 1990s, the GoB of the law by the land office) have not been created the post of Mutation Assistant under the omitted from the Land Management Manual 1990 Zonal Settlement setup of the DLRS. However, even after the 2006 amendment of SATA 1950. the transition has not been implemented as of These provisions (Section 143C of SATA 1950 and now. It would be helpful to introduce continuous paragraphs 317-318 of the Land Management updating of maps and khatians during mutation Manual 1990) can be implemented once the Sub- proceedings along with field verification. The Registrars stop allowing fictitious or incorrect law11 permits making changes in both the khatian descriptions of property in the schedule attached and mauza map during mutation proceedings. to the land transfer document. An executive order Therefore, an executive order from the MoL could from the DR will obligate the AC (Land) to act on be issued to assign survey and mapping functions LT notices. to the DLRS during mutation proceedings. The technical (survey and mapping) aspects of the (5) Whole Plot in One Khatian mutation proceedings could be maintained by the The present practice of distributing the area of Upazila Settlement office. Presently the technical one plot into several khatians should cease. It aspects are not performed by the ULOs and creates a management problem for the ULOs and UZLOs owing to capacity constraints. makes it difficult for landowners to keep track of (8) Professionalization of Survey and their plot area. One plot-one khatian is the global Settlement best practice. An executive order from the GoB can promote such practice. The DLRS has started such The current practice of reserving all managerial practice as a local-level initiative. and higher technical posts at the DLRS and LRB for a particular civil service cadre should (6) Plot Measurement and Coordinates in the be reviewed to determine if having dedicated Mauza Map professionals in surveying, land information, and Measurements and coordinates of every plot of ICT from both the public and private sectors would land should be printed in the mauza map. The one be more efficient. Further, the review could assess plot-one khatian principle should be introduced. whether seasonal employment should be limited However, the implementation of these measures or ceased altogether in order to professionalize would take time as a countrywide plot-to-plot these offices. Bangladesh Land Acquisition Diagnostic Review: 88 Legal and Institutional Framework, Procedures and Practices Appendix-A (9) Resolution of Ownership Disputes (10) Cadastral Survey in CHT The civil court should be the court of last resort A cadastral survey determining the rights, instead of the only avenue to resolve ownership restrictions, and responsibilities of all land parcels disputes. Only complex and sensitive title disputes and water bodies in the three hill districts in CHT should be referred to the courts and there should has not been done as of now. The CHT Land be limited opportunity for appeals. Commission could assist in conducting the survey, if undertaken by the GoB. This survey should be a three-dimensional recording of the land using modern survey technology suitable for hilly terrain. Notes ................................ 1 A comprehensive listing of the legal framework governing land ownership, transfer, and acquisition is provided in Section 1.6 of Appendix-B of this LADR. 2 ADB TA 3054 BAN Final Report, Nov 2001, P A-12. 3 The problem of mutation based on the LT notice under Section 89 of SATA 1950 has not been able to be addressed even after the new provisions of Section 143C were added owing to incorrect or fictitious descriptions in the schedule of property. An executive order in line with Section 58C of TPA 1882 and Section 143C of SATA 1950 to all Sub-Registrars by the DR will enable the AC (Land) to order mutation on the basis of the LT notice under Section 89 of SATA 1950. 4 The government plan in the 1980s included the post of Mutation Assistant. The post was created but could not be implemented fully owing to an alleged silo mentality. For the last 30 years, Mutation Assistants have been doing other work unrelated to the post. 5 One integrated software system under one server platform. One central and local server station. 6 https://a2i.gov.bd/about/. 7 26.82 million records of 460 upazilas in 51 districts are available. According to the website, 10 more districts have yet to be brought under the virtual revenue record room (see virtual revenue record room). 8 The Chittagong Hill Tracts Peace Accord is a political agreement and peace treaty signed on December 2, 1997 between the GoB and the Parbatya Chattagram Jana Sanghati Samiti. The accord allowed for recognition of the rights of the peoples and tribes of the Chattogram Hill Tracts region and ended a decades-long insurgency there. 9 Khagrachari Hill District Council Act 1989, Rangamati Hill District Council Act 1989, and Bandarban Hill District Council Act 1989. 10 See Form IV and Rule 5 of the Tenancy Rules 1954. 11 Sections 143, 143B, and 143C of SATA 1950 and paragraph 329 of the Land Management Manual 1990. Probable Agenda for Land Administration Reform 89 Bangladesh Land Acquisition Diagnostic Review: 90 Legal and Institutional Framework, Procedures and Practices Bangladesh Land Acquisition Diagnostic Review: Legal and Institutional Framework, Procedures and Practices Appendix-b Study Methodology and Additional Details of the Country’s System of Land Acquisition 91 Bangladesh Land Acquisition Diagnostic Review: 92 Legal and Institutional Framework, Procedures and Practices Appendix-b Table of Contents Chapter 1 DATA AND METHODOLOGY 97 1.1. Methodology 97 1.2. Primary Data Collection 97 1.3. Secondary Data Collection 99 1.4. Qualitative Data Analysis Technique 100 1.5. Sensitivity Checks 100 1.5.1. Consultation and Workshops 100 1.5.2. Sharing Findings and Proposed Measures with Stakeholders 100 1.6. Data References 101 1.6.1. Relevant Land Management Laws for Land Acquisition 101 1.6.2. Published Reports 102 1.6.3. Stakeholders Consulted at the Field Level 104 Chapter 2 LAND LAWS AND REGULATORY PROVISIONS 109 2.1. Evolution of Land Laws in Bangladesh 109 2.2. Legal Framework of Land Ownership, Transfer, and Acquisition 109 2.3. Legal and Institutional Framework of Land Acquisition 112 2.4. Legal Methods of Transferring Land Ownership 117 2.4.1. Acquiring Private Ownership of Land 117 2.4.2. Transfer of Public Land to Private Persons or Entities 120 2.4.3. Transfer of Public Land to Public Entities 122 2.4.4. Settlement and Allocation of New Land 123 93 2.5. Legal Process for the Acquisition of Private Land 125 2.5.1. ARIPA 2017 Provisions for Land Acquisition 125 2.5.2. Land Acquisition Proposal 126 2.5.3. Bar on the Jurisdiction of the Courts 127 2.6. Land Acquisition in the Chattogram Hill Tracts 127 2.6.1. Compensation 127 2.6.2. Land under the Control of the District Councils 127 2.6.3. Distinctions between the CHT and Mainland Legal Frameworks 128 2.7. Land Litigation and Ownership Disputes 128 2.7.1. Land Survey Tribunals and Land Survey Appellate Tribunal 128 2.7.2. Land Appeal Board 128 2.7.3. Village Courts 129 2.7.4. CHT Land Dispute Resolution Commission 129 2.8. Land Acquisition Systems in Other Countries 129 2.8.1. Recent Changes in India 129 2.8.2. Recent Changes in New South Wales, Australia 130 Chapter 3 LAND ADMINISTRATION AND MANAGEMENT 133 3.1. Evolution of Land Rights 133 3.2. Land Administration in Bangladesh 134 3.3. Functions of the Land Administration Departments 134 3.3.1. Directorate of Land Record and Survey 134 3.3.2. Land Reform Board 135 3.3.3. Directorate of Registration 135 3.4. Record of Rights to Property 136 3.4.1. Updating of Khatians 136 3.4.2. The District Revenue Record Room 138 3.5. Land Ownership Categories 138 3.5.1. Exclusive Ownership 138 3.5.2. Incomplete Ownership 140 3.5.3. Contested Ownership 140 3.5.4. Other Ownership 140 3.6. Difficulties in Updating Khatians 141 3.6.1. Directorate of Land Record and Survey 141 3.6.2. Land Reform Board Field Offices 141 3.6.3. Directorate of Registration 141 Bangladesh Land Acquisition Diagnostic Review: 94 Legal and Institutional Framework, Procedures and Practices Appendix-b Chapter 4 LAND ACQUISITION PROCESS AND PRACTICES 143 4.1. Preparation of the Land Acquisition Proposal 143 4.1.1. Identification of Intercepted Mauzas and Collection of Mauza Maps 143 4.1.2. Digitization and Georeferencing of Mauza Maps 144 4.1.3. Collection of Land Ownership Records 144 4.1.4. Administrative Approval from the Controlling Ministry 144 4.1.5. Undertaking for Certain Matters 144 4.1.6. Updating the List of Landowners 144 4.1.7. Environmental Clearance 145 4.1.8. Clearance from the Local Town Development Authority 145 4.1.9. Video Record 145 4.1.10. Additional Undertaking of the RB 145 4.2. Legal Approach of Land Acquisition by Type of Ownership 146 4.2.1. Private Land (Agricultural, Homestead, Commercial) 146 4.2.2. Private Land Eroded into the River/Sea 146 4.2.3. Public Institutional Land 147 4.2.4. Khas Land 149 4.2.5. Reserved and Protected Forests 149 4.2.6. Vested Property 149 4.2.7. Waqf and Debutter Land 149 4.2.8. Land in Rivers and Canals, Char Land, and New Land 150 4.2.9. Land Acquisition in CHT 150 4.2.10. Abandoned Property 151 4.2.11. Cooperative Property 151 4.3. Restrictions on the Acquisition of Land 151 4.4. Key Steps in the Land Acquisition Process 151 4.4.1. Opening of the Land Acquisition Case 151 4.4.2. Local Approval of the LA proposal by the DLAC or CLAC 152 4.4.3. First Notice of Acquisition under Section 4 152 4.4.4. Joint Verification Field Book 152 4.4.5. Final Approval of Land Acquisition Cases 152 4.4.6. Ownership Review and Confirmation 153 4.4.7. Preparation of Compensation Awards 154 4.4.8. Transfer of Land Acquired 156 4.5. Legally Defined Timeline for Acquisition 156 Table of Contents 95 Annex Annex B-1 : Sample Form for Changing the Class of Land 158 List of Figures Figure 1.1. Location of Field Visits by Study Team 97 Figure 4.1. Key Steps of the Land Acquisition Process 155 List of Tables Table 1.1. Persons Met during the Study 104 Table 2.1. Relevant Bangladesh Land Administration and Acquisition Laws 109 Table 2.2. Key Administrative and Service Institutions for Land Acquisition 112 Table 2.3. Legal Provisions on the Methods of Transferring Property between Private Owners 117 Table 2.4. Legal Procedure for the Transfer of Public Land to Private Parties 120 Table 2.5. Procedures for the Legal Settlement of New Land 123 Table 2.6. LA Process Provisions and Guidelines under ARIPA 2017 and the ARIPA Circular 125 Table 3.1. Land Administration Authorities 134 Table 3.2. Documentary Evidence in Support of Exclusive Ownership 139 Table 3.3. Other Forms of Property Holdings 140 Table 4.1. Proposed Time Frame to Complete Acquisition of Public Land 148 Table 4.2. Documentary Evidence of Legal Title Acquired by Inheritance 153 Table 4.3. Documentary Evidence of Legal Title Acquired by Purchase 153 Table 4.4. Assessment of Land Prices 154 Table 4.5. Time Required for an Illustrative LA Case 157 List of Boxes Box 3.1. Mauza Map and Khatian 133 Box 4.1. Acquisition of Char Land for the Padma Multipurpose Bridge Project 147 Box 4.2. Complexity of the Payment of Compensation for Waqf Property 150 Bangladesh Land Acquisition Diagnostic Review: 96 Legal and Institutional Framework, Procedures and Practices Chapter 1 Data and Methodology 1.1. Methodology different groups of stakeholders involved either _____ directly or indirectly in the acquisition process. The land acquisition diagnostic review (LADR) Below are the stakeholder groups consulted in studied the land acquisition (LA) process and the review process: practices in infrastructure development projects The MoL, which is the controlling authority, with per the existing legal and institutional framework, the Prime Minister’s office (PMO) especially with co-financing from international financial institutions in Bangladesh. The study Offices of the Divisional Commissioner (DivC) and team accumulated primary data during field the Deputy Commissioner (DC), office of the Sub- visits using an array of qualitative techniques Registrar, the Assistant Commissioner (AC) (Land) and consultations with stakeholders. Analysis of office, the union land office (ULO), and the like. secondary information was based on a review of the available literature on the legal and regulatory Figure 1.1. Location of Field Visits by Study Team framework, existing relevant studies, and reports. The data collected from the primary and secondary sources were analyzed using mostly descriptive methods, and in some cases, narrative analysis. 1.2. Primary Data Collection _____ Multiple methods were adopted to collect primary data from different categories of stakeholders involved in the LA process. Specifically, data was collected from the national and subnational offices of the Ministry of Land (MoL), officials of various infrastructure projects, and affected persons. Stakeholders were first identified by a mapping exercise, and then data was collected from them through direct, in-depth interviews and group consultations using a checklist and questionnaire. Key informant interviews and case studies were also conducted, and additional information was derived through personal observation. Unbiased and valuable information about related issues was gleaned from the recorded data. Stakeholders were stratified in terms of their role and interest in Source: Courtesy of Al Artat Bin Ali, Department of Geography the LA process. Empirical data was collected from and Environment, University of Dhaka. 97 Meeting at the DC office, Nilphamari, Nov. 26, 2019 (photo by study team) (a) Selected implementing agencies requiring Dhaka, Nilphamari, Khulna, Bagerhat, Pirojpur, land for their projects, such as the Chattogram, and Rangamati (Figure 1.1). The study Roads and Highways Department (RHD), covered regions with varied topography, such the Bangladesh Bridge Authority, the as flood plains, coastal areas, and hilly areas. Bangladesh Water Development Board Empirical data from field-level stakeholders (BWDB), the Local Government Engineering were collected by conducting meetings at the Department (LGED), Bangladesh Railway, DC offices and the offices of the upazila nirbahi Bangladesh Land Port Authority, officers (UNOs) in the districts that fell under Bangladesh Inland Water Transport the purview of this study. Furthermore, the team Authority, and Electricity Generation visited the Chairman of the Hill District Council of Company of Bangladesh. Rangamati, the Chief of Chakma Circle, and former Minister, Barrister Devasish Roy. (b) Chairman of the Bangladesh Law Commission Stakeholders involved in the LA process, such as government officials, representatives of (c) The Directorate of Land Record and Survey requiring bodies (RBs), local elites, and public (DLRS) representatives, participated in consultation (d) Public Works Department (PWD) meetings, giving their opinions and discussing their experiences regarding the acquisition of land. Data (e) Divisional Forest Office of the Bangladesh was collected from the revenue record rooms of Forest Department DC offices with cooperation from the relevant (f) Rangamati Hill District Council officials. Empirical data were also collected from field-level officials of the RBs, such as the BWDB, (g) Affected landowners and local public RHD, and PWD of different districts, the Saidpur representatives. Airport manager’s office, and the offices of selected The team undertook field visits and consulted projects, including the Coastal Embankment stakeholders in seven districts of Bangladesh— Improvement Project, Phase 1 (CEIP-1), the Bangladesh Land Acquisition Diagnostic Review: 98 Legal and Institutional Framework, Procedures and Practices Study team with affected landowners, Dacope, Khulna, January 7, 2020 (photo by study team). Buffer Fertilizer Godown Construction Project 1.4. Qualitative Data Analysis of Bangladesh Chemical Industries Corporation Technique _____ (BCIC), and the Second Chittagong Hill Tracts Rural Development Project (CHTRDP-2). The team A qualitative description approach, and to a lesser also gathered data from project affected families extent, narrative analysis, were used to analyze the through in-depth interviews during the field visit. primary and secondary data. These two methods were deemed appropriate given the nature of the 1.3. Secondary Data Collection aims of the research. The qualitative description _____ approach allows researchers to precisely and Extensive desk research was carried out to systematically describe the interplay, processes, evaluate and identify the strengths, weaknesses, roles, and activities of the various institutions and performance of the legal system, institutions, and actors involved in the LA process. Using this and actors involved in the LA process. Data approach, researchers were able to employ a from secondary sources were obtained variety of research methods to investigate data— through reviewing and assessing published the focus was not on manipulating variables and grey literature, legal documents, acts, rules, or categories of interest, but rather, it was on ordinances, manuals, regulatory frameworks, and observing, monitoring, and recording the data relevant documents used in connection with LA. appropriately. The research also used narrative The secondary material was collected through analysis in a few cases. Popay et al. (2006)1 define searches of online databases and government narrative analysis as “an approach to the review and development partner websites, records from and synthesis of findings from multiple studies key informant interviews, and from forward and that rely primarily on the use of words and text backward snowballing techniques. The laws, to summarize and explain the findings of the regulations, and published reports reviewed are synthesis.” Narrative analysis can be applied to listed in Section 1.6. “how” and “why” related questions. Data and Methodology 99 LA and resettlement professionals at the consultation workshop at the World Bank office in Dhaka, February 23, 2020 (photo by study team). 1.5. Sensitivity Checks The case examples, experiences, and opinions _____ of the participants in the workshops have been The current study employed a wide array of synthesized to derive the study outcomes, qualitative data collection methodology and including proposals for optimizing LA process in analysis to obtain unbiased and robust findings. projects through project-based support. Despite such efforts, there always remains the 1.5.2 Sharing Findings and Proposed Measures possibility that the results of the study only with Stakeholders reflect the sample from whom the data was drawn and hence cannot be extended to other To validate the outcomes of the study, a cases involving different stakeholders without summary of the findings and resulting proposed there being significant bias. Sections 1.5.1 and 1.5.2 measures were circulated for feedback among discuss the methods the team used to carry out the key stakeholders, including the MoL, sensitivity checks to minimize such bias. External Resource Division and those involved in processing LAs as mandated by law. The feedback 1.5.1 Consultation and Workshops from the stakeholders was evaluated carefully Two workshops were organized at the World and incorporated into the main report to ensure Bank office in Dhaka to share experiences on a realistic and useful reference document for LA LA and validate the preliminary findings of the in development projects. The study team held a study. The first workshop was held on February formal meeting with the MoL on the study findings 23, 2020 with the participation of 18 LA and and recommendations to discuss the challenges resettlement professionals working for major and prospects for implementation of the proposed implementing agencies such as the BWDB, RHD, measures (a summary of the meeting appears in LGED, Bangladesh Railway, Bangladesh Land the consultation report (Volume III)). Port Authority, Bangladesh Bridge Authority, and others, including the Deputy Project Director of 1.6. Data References _____ the Dhaka Mass Rapid Transit Project. The various laws and published reports relevant About 20 officials of key implementing agencies to land administration and LA in Bangladesh were like RHD, Bangladesh Railway, BWDB, LGED, reviewed to gain an understanding of the existing Directorate General of Food, Bangladesh Land legal and institutional system, and document Port Authority, and project directors or their the legal process of LA, including the decision representatives of ongoing infrastructure projects, on ownership. The study team also gathered such as the Dhaka Ashuliya Expressway and information on practical experiences from the field CEIP-1, participated in the workshop on March 9, by consulting a range of officials in the relevant 2020. public institutions and community organizations. Bangladesh Land Acquisition Diagnostic Review: 100 Legal and Institutional Framework, Procedures and Practices Participants from implementing agencies at the consultation workshop at the World Bank office in Dhaka, March 9, 2020 (photo by study team). Study team sharing the findings and the proposed measures at the MoL, Bangladesh Secretariat, Dhaka, August 31, 2020 (photo by study team). 1.6.1 Relevant Land Management Laws for guidelines on the implementation of ARIPA Land Acquisition 2017 (No. 454 dated December 10, 2017) (referred to herein as the “ARIPA Circular”) The reviewed land management acts, ordinances, rules, circulars, and instructions relevant to LA are 4. Land Administration Manual 2014, Vols. 1-3 as follows: 5. The Registration Manual 2014 1. The Chittagong Hill Tracts (Land Acquisition) 6. The Bangladesh Water Act 2013 (Amendment) Act 2019 (CHTA 2019) 7. Settlement Reports, General Instructions, 2. The Acquisition and Requisition of Digital Survey Manual 2012 Immovable Property Act 2017 (Act 21 of 2017) (referred to herein as “ARIPA 2017”) 8. The Government Jalmahal Management Policy 2009 3. Circular of the MoL providing interim Data and Methodology 101 9. The Chittagong Hill Tracts Land Dispute 30. Non-Agricultural Tenancy Act 1949 Resolution Commission Act adopted in 2001 31. The Emergency Requisition of Immovable (CHT LC Act 2001) Property Act 1948 (E.B. Act XIII of 1948) 10. The Environmental Conservation Rules 32. The Hindu Women’s Rights to Property Act 1997 1937 11. The Agricultural Khas Land Management 33. Survey and Settlement Manual 1935 and Settlement Policy 1997 34. The Hindu Law of Inheritance (Amendment) 12. The Immovable Property Acquisition Act 1929 Manual 1997 (IPA Manual 1997) 35. The Succession Act 1925 13. Non-Agricultural Khas Land Management and Settlement Policy 1995 36. The Alluvial Lands Act 1920 14. The Bangladesh Environmental 37. The Charitable and Religious Trusts Act Conservation Act 1995 1920 15. Land Laws of West Bengal India (Land 38. The Public Demand Recovery Act 1913 Reforms Act 1995) 39. The Registration Act 1908 (RA 1908) 16. The Water Resources Planning Act 1992 40. The Chittagong Hill Tracts Regulation 1900 17. Land Reform Manual 1991 (CHTR 1900) 41. The Transfer of Property Act 1882 (TPA 18. The Land Management Manual 1990 1882) 19. The Acquisition and Requisition of Immovable 42. The Religious Societies Act 1880 Property Ordinance 1982 (ARIPO 1982) 43. The Survey Act 1875 20. Apartment Ownership Act 1972 44. The Bengal Alluvion (Amendment) Act 1868 21. The Chittagong Development Authority (Land Acquisition Validation) Ordinance 1963 45. The Bengal Alluvion and Diluvion Regulation 1825 22. The Waqfs Ordinance, 1962 46. Islamic Law/Shariah Law 23. The Muslim Family Laws Ordinance 1961 47. Handbooks issued by the Land Reform 24. The Chittagong Hill Tracts (Land Acquisition) Board (LRB) Regulation 1958 (CHTR 1958) 48. Handbooks issued by the DLRS 25. Technical Instructions 1957 1.6.2 Published Reports 26. Tenancy Rules 1954-55 Published reports relevant to the LA process 27. Town Improvement Act 1953 and practices, regulatory analysis, research and evaluation were sourced from government 28. The Embankment and Drainage Act 1952 organizations, international financial institutions, (EDA 1952) (East Bengal Act No. I of 1953) universities, international nongovernmental 29. The State Acquisition and Tenancy Act 1950 organizations, and other sources online. (SATA 1950) Bangladesh Land Acquisition Diagnostic Review: 102 Legal and Institutional Framework, Procedures and Practices Appendix-b Ministry of Land and Asian Development Bank Cyclone Recovery and Restoration Project, June 2018. 1. Final Report Project Proposal, November 2001 3. Local Government Engineering Department 2. Strategies for the Future (PART A Report), (LGED), Project Management Unit (PMU), Bangladesh Land Administration Reform Second Rural Transport Improvement Project (Phase II), October 1999 Project (RTIP-II), Social and Resettlement Action Plan Completion Report, October 3. Final Report of the Modernization of Land 2019. Administration (Phase II) April 1998 4. CARE Bangladesh, Land Policy and 4. Bangladesh Modernization of Land Administration in Bangladesh: A Literature Administration, Vols I and II August 1996 Review, May 2003 Available at https://www. carebangladesh.org/publication (accessed World Bank 2013 (BRAC Development Institute, on March 9, 2020). BRAC University) 5. Banglapedia (online) for Land Acquisition 1. Land Governance Assessment Framework Process and Vested Property Information. Expert Report, Thematic Area 1: Legal Land Institutional Framework 6. Bangladesh Journal of Legal Services, 2. Land Governance Assessment Framework Law and Practice for Land Acquisition in Expert Report, Thematic Area 2: Land Use Bangladesh by Md. Ariful Islam, January 12, Planning, Management, and Taxation 2019 available at https://bdjls.org (accessed on March 9, 2020). 3. Land Governance Assessment Framework Expert Report, Thematic Area 3: 7. Tanchangya, M. (December 2017), Land Management of Public Land Administration System in Chittagong Hill Districts, retrieved August 22, 20019, from 4. Land Governance Assessment Framework North South University Dhaka Bangladesh: Expert Report, Thematic Area 4: Public http://www.northsouth.edu. Provision of Land Information Government Orders (Statutory Regulatory 5. Land Governance Assessment Framework Orders, Circulars, etc.) Expert Report, Thematic Area 5: Dispute Resolution and Conflict Management 1. Bangladesh, G. O. (n.d.). Checklist and Implementation Circular no. Other reports 31.00.000.047.68.001.19-345 dated October 15, 2019 1. World Bank and JICA, 2001, Resettlement in JMBP, Assessing Process and 2. Bangladesh, G. O. (n.d.). Chittagong Hill Tracts Outcomes: Qualitative Evaluation of (Land Acquisition) Regulation (Amendment) Revised Resettlement Action Plan (RRAP) Act 2019 (Act 3 of 2019) and Erosion and Flood Affected Persons (EFAP), Hossain Zillur Rahman, Power 3. Bangladesh, G. O. (n.d.). The Acquisition and and Participation Research Centre (PPRC), Requisition of Immovable Property Act 2017 Dhaka, March 2001. 4. Bangladesh, G. O. (n.d.). The Circular of the 2. Planning Commission, Project Coordination Ministry of Land on the implementation of and Management Unit (PCMU), Emergency the Acquisition and Requisition of Immovable 2007 Cyclone Recovery and Restoration Property Act 2017 Project, RAP Implementation and 5. Bangladesh, G. O. (n.d.). Immovable Property Completion Review, Rehabilitation of Acquisition Manual 1997 Coastal Embankment, Emergency 2007 Data and Methodology 103 6. Bangladesh, G. O. (n.d.). Land Acquisition 1.6.3 Stakeholders Consulted at the Field Level Ordinance 1982 The study team consulted government officials 7. Bangladesh, G. O. (n.d.). The Enemy Property in relevant organizations in Dhaka and selected (Custody and Registration) Order of 1965, districts like Nilphamari, Rangamati, Chattogram, The East Pakistan Enemy Property (Lands Khulna, Bagerhat, and Pirojpur. The team and Buildings Administration and Disposal also consulted persons affected by LAs for Order of 1966) development projects as well as the officials of those project management bodies. They 8. Bangladesh, G. O. (n.d.). East Bengal State consulted officials and responsible persons in the Acquisition and Tenancy Act 1950 MoL, the DLRS, the Land Appeal Board, and the Law Commission in Dhaka. Some of the people 9. Bangladesh, G. O. (n.d.). The Forest Act 1927 met during the study are listed in Table 1.1 below. Table 1.1. Persons Met during the Study No. Name Address Dates 1 Mr. Justice ABM Khairul Haque Chairman, Law Commission, Bangladesh Feb 25, 2020 2 Mr. Justice Fazlul Haque Member, Law Commission Feb 25, 2020 3 Md. Muksodur Rahman Patwary Secretary, Ministry of Land Dec 2019 4 Faikuzzaman Chowdhury Additional Secretary (Rtd) & Ex DLR, DLRS Sep 12, 2019 5 Begum Ummul Hasna Chairman Land Appeal Board Feb 2020 6 Mr. Fauzul Azim Chief Research Officer, Law Commission, Feb 25, 2020 7 Md. Taslimul Islam ndc Director 28 Shaheed Tajuddin Ahmed Ave, Tejgaon, Jan 28, 2020 General, DLRS Dhaka 1208 8 Dr. Muhammad Anwar Hossain Divisional Commissioner Khulna Jan 6, 2020 Howladar 9 Md. Siraj Uddin Ahmed, Additional (Land Acquisition), Ministry of Land Nov 2019 Secretary 10 Shamsul Alam Ex Settlement Officer Rangpur, Ex DLRS Nov 2019 Dhaka and Project Director, EU Project 11 Mr. Shahidul Alam Jhinuk, Inspector 14 Abdul Goni Road Dhaka -1000 Feb 18, 2020 General of Registration, Directorate of Registration 12 Md. D Abdus Salam Addl Divisional Commissioner (Rev) Barisal Jan 9, 2020 13 Addl DivC (Revenue) Chattogram Feb 17, 2020 14 Amirul Kaiser Additional Deputy Chattogram Feb 17, 2020 Commissioner (ADC) (LA) 15 Md. Mominur Rashid Zonal Zonal Settlement Office Dhaka, DLRS Jan 28, 2020 Settlement Officer, Dhaka 16 Humayun Kabir, Technical Advisor DLRS Zonal Settlement Office Sylhet Jan 30, 2020 17 Md. Lutfor Rahman, Assistant Project DLRS, 28, Shaheed Tajuddin Ahmed Shoranee Jan 28, 2020 Director, Establishment of Digital Land Tejgaon, Dhaka-1208 Management System Project, DLRS 18 Monirul Islam Assistant Settlement DLRS Narshindi Jan 1, 2020 Officer (ASO) Bangladesh Land Acquisition Diagnostic Review: 104 Legal and Institutional Framework, Procedures and Practices Appendix-b No. Name Address Dates 19 Zillur Rahman ASO, Project Establishment of Digital Land Management Jan 28, 2020 Implementation Unit (PIU) System Project, DLRS Dhaka 20 Ferdous Hossain, Assistant Director DLRS Jan 30, 2020 (Survey) 21 Khairul Kabir Technical Adviser (Rtd) Ex DLRS Jan 30, 2020 Mymensingh Settlement 22 M A Saleque CEIP Project BWDB Dec 7, 2019 23 Md Abdul Jalil Khan Ex Chief Engineer Buffer Godown Construction Project, BCIC, 148 Nov 12, 2019 and Project Director Motijheel C/A Dhaka-1000 24 Md Badiuzzaman SAE BCIC site Office Nilphamari Nov 27, 2019 25 Shalil Kishore Chakma, ASO Barisal DLRS July 2020 Diara 26 Utpalendu Tripura, ASO Diara DLRS July 2020 Chittagong Consultation Meeting at the DC Office, Nilphamari 27 Md. Hafizur Rahman Chowdhury, DC Nilphamari Nov 26, 2019 28 ADC (Revenue) Nilphamari Nov 26, 2019 29 Land Acquisition Officer (LAO) Nilphamari Nov 26, 2019 30 Revenue Deputy Collector Nilphamari Nov 26, 2019 31 Addl Superintendent of Police Nilphamari Nov 26, 2019 32 UNO Nilphamari Sadar Nov 26, 2019 33 UNO Jaldhaka Nov 26, 2019 34 UNO Kishoreganj Nov 26, 2019 35 UNO Domar Nov 26, 2019 36 UNO Dimla Nov 26, 2019 37 Md Amir Hossain, Surveyor LA office DC, Nilphamari Nov 26, 2019 38 Sharif Ahmed, Surveyor AC (Land) Nilphamari Sadar Nov 26, 2019 39 Executive Engineer, BWDB Saidpur, Executive Engineer Nov 26, 2019 40 Project Director Bangladesh-India Bangladesh Petroleum Corporation Dhaka Nov 26, 2019 Pipeline Project 41 Mayor Nilphamari Sadar Nilphamari Nov 26, 2019 42 Mayor Jaldhaka Paurashava Nilphamari Nov 26, 2019 43 Executive Engineer, LGED Nilphamari Nov 26, 2019 44 Representative Public Works Department (PWD), Nilphamari Nov 26, 2019 45 Shusanta Dutta Manager Saidpur Airport, Nilphamari Nov 26, 2019 46 Project Director Bangladesh Livestock Research Institute Nov 26, 2019 (BLRI), Nilphamari 47 Vice-Principal Government College, Nilphamari Nov 26, 2019 Data and Methodology 105 No. Name Address Dates 48 Representative, Gas Transmission Co., Nilphamari Nov 26, 2019 Ltd 49 Representative, Bangladesh Small Nilphamari Nov 26, 2019 and Cottage Industries Corporation 50 Representative, BCIC Nilphamari Nov 26, 2019 51 Parimal Kumar Sarkar, AC (Land) Saidpur, Nilphamari Nov 27, 2019 52 AC (Land) Nilphamari Sadar Nov 27, 2019 53 Sub-Registrar Nilphamari Sadar Nov 27, 2019 Meeting with Affected Landowners (Land Losing Persons – LLP) 54 Shariful Islam, Land Losing person, Old Rail station Nov 27, 2019 LLP 55 Bikas Das, LLP Old Rail station Nov 27, 2019 56 M Ziaur Rahman, LLP Nilphamari Bazaar Nov 27, 2019 57 M Ashraf Ali, LLP Village Ramnagar Nov 27, 2019 58 M Mofizar Rahman Forest Department Nilphamari Nov 27, 2019 Key Informant Interviews 59 Manjurul Islam, Executive Engineer Nilphamari Road & Highways (R&H) Nov 28, 2019 60 Uttom Kumar Singh, Asst Land Officer Paura Land Office Nilphamari Sadar Nov 27, 2019 Attendance of Consultation Meeting in DC office, Bagerhat 61 Md. Mamunur Rashid, DC DC Office, Bagerhat Jan 6, 2020 62 Md. Shahenuzzaman, ADC (Revenue) DC Office, Bagerhat Jan 6, 2020 63 Alimuzzaman Milan, Ex LAO Bagerhat Fultola Khulna Jan 6, 2020 now AC (Land) 64 MS Nahida Akter, AC (Land) Bagerhat Sadar Jan 6, 2020 65 Rep from CEIP-1, BWDB, PWD, Social Bagerhat Jan 6, 2020 Forestry Division, LGED 66 Hafizur Rahman, Sub-Registrar Bagerhat Sadar Jan 6, 2020 67 Mollah Abu Shahid, Sub ASO BWDB, Bagerhat Jan 6, 2020 68 Mohammad Israfil, LLP Focus group discussion (FGD), Mouza Jan 6, 2020 Khegraghat, Bagerhat Sadar Upazila, Bagerhat 69 Mollah Nazrul Islam, LLP Jan 6, 2020 70 Sk Shariful Islam, LLP Jan 6, 2020 71 Maruf Gazi, LLP Jan 6, 2020 Stakeholders’ Consultation at the DC Office, Khulna 72 Md Iqbal Hossain, ADC (LA) Khulna DC office, Khulna Jan 7, 2020 73 Rashedul Islam, Revenue Deputy DC office, Khulna Jan 7, 2020 Collector 74 MD Shariful Islam, Executive Engineer, Khulna Jan 7, 2020 BWDB 75 Authorized Officer Khulna Khulna Jan 7, 2020 Development Authority (KDA) Bangladesh Land Acquisition Diagnostic Review: 106 Legal and Institutional Framework, Procedures and Practices Appendix-b No. Name Address Dates 76 ASM Shamsuddoha, Asst Conservator Social Forestry Division, Khulna Jan 7, 2020 of Forest 77 Kazi Mokammel Kabir Range Officer Sunderban Forest (West) Jan 7, 2020 78 Rep RAB-6 Khulna Jan 7, 2020 79 Md. Habibur Rahman, Addl LAO DC office, Khulna Jan 7, 2020 80 M Abu Reza Shamsuddin, Addl LAO DC office, Khulna Jan 7, 2020 81 Md. Zakir Hossain Kanungo, LA DC office, Khulna Jan 7, 2020 section 82 M Mokleshur Rahman, Surveyor DC office, Khulna Jan 7, 2020 83 M Motaleb Hossain, Surveyor DC office, Khulna Jan 7, 2020 84 M Ismail Hossain, Surveyor DC office, Khulna Jan 7, 2020 85 Sk Akram Hossain, Office Asst Revenue record room, DC office, Khulna Jan 7, 2020 01918817144 86 Anil Krishna Roy, LLP FGD, Mouza Saheber Abad Dacope Upazila Jan 7, 2020 Khulna 87 Konica Rani Roy, LLP Jan 7, 2020 88 Nil Raten Morel LLP Jan 7, 2020 89 Bhusan Bairagi, LLP Jan 7, 2020 90 Rabindranath Morol LLP Jan 7, 2020 91 Babu Ram Roy LLP Mouza Saheber Abad Dacope Upazila Khulna Jan 7, 2020 92 Mrinal Bairagi LLP Jan 7, 2020 93 Sukhendra Nath Dewan, LLP Jan 7, 2020 Stakeholders’ Consultation at the DC Office, Pirojpur 94 Abu Ali Mohammad Sajjad Hossain DC Jan 8, 2020 95 Ms. Jhumur Bala, ADC (Revenue) DC Office, Pirojpur 01712646764 Jan 8, 2020 96 LAO DC Office Jan 8, 2020 97 AC (Land) Pirojpur Sadar Jan 8, 2020 98 AC (Land) Kawkhali, Pirojpur Jan 8, 2020 99 Addl LAO DC Office Pirojpur Jan 8, 2020 100 Sharfiqul Islam Range Officer Department of Forest, Pirojpur Jan 8, 2020 101 Sub-Registrar Swarupkati, Kawkhali, Mathbaria, Nazirpur Jan 8, 2020 102 Sub-ASO Upazila Settlement Officer Pirojpur Sadar Jan 8, 2020 103 SAE BWDB Pirojpur Jan 8, 2020 104 Rani Begum, Rosy, Sadeq Jammadar, FGD, CEIP site office, Nadmula, Bhandaria, Jan 8, 2020 Beauty Akhter, Syed Nazrul Islam Pirojpur LLPs Data and Methodology 107 No. Name Address Dates Consultation/Interviews on LA Process in the Chattogram Hill Tracts (CHT) 105 Mr. Brisho Ketu Chakma, Chairman Rangamati Hill District Council Feb 16, 2020 106 Chief Executive Officer Rangamati Hill District Council Feb 16, 2020 107 Ms. Shilpi Rani Roy, ADC (Revenue) DC office, Rangamati 0351-62306 Feb 16, 2020 108 Raja Devasish Roy (Bar-at-law), Circle Rangamati Hill District Feb 16, 2020 Chief 109 Suriki R Chakma, Project Director CHTRDP-2, Rangamati Feb 15, 2020 110 Dayal K Chakma, National Consultant CHTRDP-2, Rangamati Feb 15, 2020 111 Ritesh Roy, Data Collector CHTRDP-2, Rangamati Feb 15, 2020 112 Tonok Chakman, Data Collector CHTRDP-2, Rangamati Feb 15, 2020 113 Nirupam Chakma, Surveyor Hathazari, Chattogram Feb 14, 2020 114 Kazi Fariduddin, Surveyor LA section, DC office, Rangamati Feb 14, 2020 Notes ................................ 1 Popay, Jennie, Helen Roberts, Amanda Snowden, Mark Petticrew, Lisa Arai, Mark Rodgers, Nicky Britten, Katrina Roen, and Steven Duffy, 2006, Guidance on the Conduct of Narrative Synthesis in Systematic Reviews, Lancaster University, https://www. researchgate.net/publication/233866356_Guidance_on_the_conduct_of_narrative_synthesis_in_systematic_reviews_A_ product_from_the_ESRC_Methods_Programme. Bangladesh Land Acquisition Diagnostic Review: Probable Agenda for Land Administration Reform 108 Legal and Institutional Framework, Procedures and Practices Chapter 2 Land Laws and Regulatory Provisions 2.1. Evolution of Land Laws in (Section 3). SATA 1950 abolished the zamindari Bangladesh (feudal landlord) system but introduced a new _____ land revenue administration mechanism regulated The current form of land ownership in present- by the GoB. Earlier in 1972, the GoB exempted land day Bangladesh evolved over different periods, rent for families holding up to 25 standard bigha from the Mughal era through British India and (8.33 acres) of land though Presidential Order No. then Pakistan. Land ownership is regulated under 96 of 1972. Land development tax (LD tax) was SATA 1950, which was enacted during the Pakistan introduced in 1976 (through the LD Tax Ordinance period and amended after independence, in 1972 1976) as a means of merging land revenue and and later. Under this law, the Government of other taxes. Bargadar (sharecropper) rights were Bangladesh (GoB) became the only landlord, and recognized in 1984 with the enactment of the Land all landholders became direct tenants of the GoB Reform Ordinance 1984, along with land tenure, (Section 3) by paying land rent to it. Landholders landholding, and land transfers, with a view to are recognized as owners of the land, but all maximizing production and ensuring a better interest in subsoil rights to minerals, haats, bazaars, relationship between landowners and bargadars. forests, fisheries, and ferries are vested in the GoB (Article 143 of the Constitution of Bangladesh). 2.2. Legal Framework of Land Although SATA 1950 imposed an upper ceiling on Ownership, Transfer, and landholding of 375 standard bigha (approximately Acquisition _____ 125 acres) (Section 90(1)), the GoB reduced that ceiling to 100 standard bigha (approximately The laws2 relevant to land administration and 33.30 acres) through the promulgation of the acquisition in Bangladesh with their key purposes Bangladesh Land Holding (Limitation) Order 1972 and domains are cited in Table 2.1 below. Table 2.1. Relevant Bangladesh Land Administration and Acquisition Laws No. Law Description 1. Constitution of Mandates that all interest in subsoil rights to minerals, haats, bazaars, Bangladesh: Article 143 forests, fisheries, and ferries are vested in the GoB. 2. Mulla Principles of Community-specific legal guidance on the transfer of the ownership and Mahomedan Law possession of land. 3. TPA 1882 An act to amend the law relating to the transfer of property by the actions of parties. It is the primary law dealing with the transfer of property (including land). 4. CHTR 1900 A regulation to declare the law applicable in, and provide for the administration of, CHT in Bengal. 109 No. Law Description 5. Limitation Act 1908 An act to consolidate and amend the law for the limitation of suits, and for other purposes with regard to land. 6. RA 1908 An act to consolidate the laws relating to the registration of documents. It provides general legal guidance on the transfer of the ownership and possession of land. 7. Alluvial Lands Act 1920 An act to prevent disputes concerning the possession of certain land in Bangladesh gained by alluvion, or by dereliction of a river or the sea. 8. Succession Act 1925 An act to consolidate the laws applicable to intestate and testamentary succession in Bangladesh. It provides general legal guidance on the transfer of the ownership and possession of land. 9. Hindu Inheritance An act to abolish the exclusion of certain classes of heirs from inheritance, (Removal of and to remove certain contradictions regarding their ability to inherit Disabilities) Act 1928 property. It provides community-specific legal guidance on the transfer of the ownership and possession of land. 10. Hindu Law of An act to alter the order in which certain heirs of a Hindu male dying intestate Inheritance are entitled to succeed to his estate. It provides community-specific legal (Amendment) Act 1929 guidance on the transfer of the ownership and possession of land. 11. Hindu Women’s Rights An act to amend the Hindu law governing Hindu women’s rights to property. to Property Act 1937 It provides community-specific legal guidance on the transfer of the ownership and possession of land. 12. Muslim Personal Law An act to make provision for the application of Muslim Personal Law (Shariah) Application (Shariah law) to Muslims in Bangladesh. It provides community-specific Act 1937 legal guidance on the transfer of the ownership and possession of land. 13. Hindu Women’s Rights An act to extend the operation of the Hindu Women’s Rights to Property to Property (Extension Act 1937 and the Hindu Women’s Rights to Property (Amendment) Act 1938 to Agricultural Land) to agricultural land in the district of Sylhet. It provides community-specific Act 1943 (Assam Act) legal guidance on the transfer of the ownership and possession of land. 14. SATA 1950 An act to provide for the acquisition by the State of the interests of rent- receivers and certain other interests in land in Bangladesh and to define the law relating to tenancies to be held under the State after such acquisition and other matters connected therewith: > Regulated land ownership > Made land the sole property of the GoB > Defined the upper ceiling of landholding > Abolished the zamindari system > Introduced a land revenue administration mechanism regulated by the GoB. 15. EDA 1952 (East Bengal An act to consolidate the laws relating to embankment and drainage and Act) to improve provisions for the construction, maintenance, management, removal, and control of embankments and watercourses for the better drainage of lands and for their protection from flood, erosion, or other damage by water. 16. Town Improvement Act An act to provide for the development, improvement, and expansion of the 1953 (TIA 1953) (East capital of the Republic and Narayanganj and Tongi municipalities and certain Bengal Act) areas in their vicinity, and to establish a Kartripakkha (authority) thereof. Bangladesh Land Acquisition Diagnostic Review: 110 Legal and Institutional Framework, Procedures and Practices Appendix-b No. Law Description 17. CHTR 1958 A regulation to provide for the acquisition of land in CHT. 18. The Waqfs Ordinance An ordinance to consolidate and amend the law relating to the 1962 (East Pakistan administration and management of waqf properties in Bangladesh. It guides Ordinance) the management of religious property rights for Muslims. 19. Bangladesh Land An order to provide for the reduction of the maximum quantity of land that Holding (Limitation) may be held by a family (or a legal entity) in Bangladesh and for matters Order 1972 ancillary thereto. It amended the upper ceiling of landholding. 20. Presidential Order No. The order exempted families holding up to 25 standard bigha (8.33 acres) of 96 of 1972 land from paying land revenue tax. 21. Land Development Tax An ordinance to provide for the levy of an LD tax. It introduced an LD tax as Ordinance 1976 a means of merging land revenue and other taxes. 22. Land Reforms An ordinance to reform the law relating to land tenure, landholding, and Ordinance 1984 land transfer with a view to maximizing production and ensuring a better relationship between landowners and bargadars. It recognized bargadars’ rights along with land tenure, landholding, and land transfer rights. 23. Rangamati Hill District An act establishing the Rangamati Hill District Council. Council Act 1989 24. Khagrachari Hill District An act establishing the Khagrachari Hill District Council. Council Act 1989 25. Bandarban Hill District An act establishing the Bandarban Hill District Council. Council Act 1989 26. Land Appeal Board Act An act to formulate rules for constituting the Land Appeal Board. 1989 27. Zila Parishad Act 2000 An act to repeal the act regarding zila parishads and reformulate a new law with amendment. 28. CHT LC Act 2001 An act to constitute a commission for the rapid resolution of some land- related conflicts in CHT and to draft ancillary rules. 29. Village Court Act 2006 An act to constitute village courts for the easy and rapid resolution of some conflicts and disputes under the jurisdiction of each union of the country. 30. Local Government An act to formulate a new law after repealing the existing ordinance (Municipality) Act 2009 regarding municipalities. 31. Local Government (City An act to collect, integrate, and reconcile existing acts and ordinances Corporation) Act 2009 regarding city corporations. 32. Local Government An act to formulate a new law after repealing the existing ordinance (Union Parishad) Act regarding union parishads. 2009 33. Waqf (Transfer and An act to formulate special provisions to control the transfer and Development of development of waqf estates. Property) Special Provisions Act 2013 34. Cox’s Bazar An act to form an authority for ensuring the well-planned development Development Authority of the region comprising Cox’s Bazar and its adjacent areas to establish a Act 2016 modern and attractive tourist township. Land Laws and Regulatory Provisions 111 No. Law Description 35. ARIPA 2017 An act to repeal, reformulate, and modernize ARIPO 1982. 36. Rajshahi Development An act to repeal, reformulate, and modernize the Rajshahi Town Development Authority Act 2018 Authority Ordinance 1976. 37. Chattogram An act to repeal, reformulate, and modernize the Chittagong Development Development Authority Authority Ordinance 1959. Act 2018 38. Khulna Development An act to repeal, reformulate, and modernize the Khulna Development Authority Act 2018 Authority Ordinance 1961. 39. Chittagong Hill Tracts An ordinance to amend CHTR 1958 in 2018 to align with ARIPA 2017 with (Land Acquisition) regard to compensation rates, among other things. It was passed on an (Amendment) Ordinance emergency basis in the absence of a parliament. It was repealed with the 2018 (CHTO 2018) enactment of CHTA 2019 in 2019. 40. CHTA 2019 An act passed by parliament in 2019 to enshrine the amendments of CHTO 2018 into law. It repealed CHTO 2018. Source: World Bank, analysis by the study team. 2.3. Legal and Institutional Framework of Land Acquisition _____ The legal provisions and responsibilities of the key administrative and service institutions are provided in Table 2.2 below. Table 2.2. Key Administrative and Service Institutions for Land Acquisition No. Section/Act Provision Duty/Obligation Section 4(1) of Whenever it appears to the Deputy The DC must publish a preliminary 1. ARIPA 2017 Commissioner that any property in any notice at convenient places on or near locality is needed or is likely to be needed the property in the prescribed form for any public purpose or in the public and manner, stating that the property is interest, the DC shall cause a notice to proposed to be acquired. be published at convenient places on or near the property in the prescribed form and manner stating that the property is proposed to be acquired. 2. Section 4(2) of For a non-governmental person The DC must obtain prior permission from ARIPA 2017 or organization, permission of the the GoB before initiation of acquisition government must be obtained before proceedings. initiation of an acquisition proceeding. 3. Section 4(3) of The DC, under Section 4(1): The DC must prepare a report detailing ARIPA 2017 the actual nature and condition of the (a) before publication of the notice, shall property and prepare a joint list by an prepare a report detailing the actual onsite survey done jointly with the RB nature, condition, and structures built and persons interested (PIs) in the thereon, and the crops and trees on the property. proposed immovable property by video or still pictures or any other technology; and (b) after publication of the notice, at a set time and method, shall prepare a joint list of the property jointly with the requiring body and persons interested. Bangladesh Land Acquisition Diagnostic Review: 112 Legal and Institutional Framework, Procedures and Practices Appendix-b No. Section/Act Provision Duty/Obligation 4. Section 4(4) of If the nature of the land is changed in The DC, at the time of preparing the joint ARIPA 2017 reality from its recent khatian, the DC, at list, records the actual class and nature of the time of preparation of the joint list, the land, if nothing is found to have been shall make a decision on the change in the done with the malicious intent to receive nature of the land. higher compensation. 5. Section 4(5) of The DC shall mention in the joint list, if The DC specifies in the joint list if any ARIPA 2017 any house or structure is built or is being structure is built or is being built on the built on the proposed immovable property property proposed for acquisition for for acquisition, in contravention of the illegal gain. public purpose, for illegal gain. 6. Section 4(6) of The joint list prepared by the DC shall be The joint list prepared by the DC must be ARIPA 2017 affixed on the notice board of the local posted on the notice board of the local land office and in a convenient place of land office or in a convenient place of the the project. proposed project. 7. Section 4(13) of Generally religious places, graves or The DC should consider religious places ARIPA 2017 crematoriums can be taken for acquisition only for acquisition only if it is essential for the if it is essential for a public purpose or public public interest. interest, and the relocation and rebuilding [of such places] is done with the requiring person’s or organization’s own money. 8. Sections 5(1) (1) Any person concerned may file Upon receiving an objection under Section and (2) of an objection against the acquisition 5 of ARIPA 2017, the DC must hold a ARIPA 2017 proceeding to the Deputy Commissioner hearing with aggrieved party and then within 15 working days. prepare a report within 30 working days of such hearing for general development (2) The Deputy Commissioner shall, prepare projects, and within 15 working days and a report after hearing the party within 30 for nationally important projects. working days, and in case of a nationally important project, within 15 working days, giving his opinion on the objections. 9. Section 5(3) of The Deputy Commissioner: The DC must submit a record of the ARIPA 2017 objection proceedings together with (a) if the property exceeds 50 standard its opinion to the MoL for final decision bigha (or 16.5 acres) of land, shall submit where the proposed property exceeds 50 the record of the proceedings held by him, standard bigha (equal to 16.50 acres or together with his opinion, for the decision 6.75 hectares). of the Ministry of Land; and Where the property proposed for (b) if the property does not exceed 50 acquisition is 50 standard bigha or less, standard bigha (or 16.5 acres) of land, shall the decision of the DivC is sufficient. submit the record of the proceedings held by him, together with his opinion, for the decision of the [Divisional] Commissioner.3 10. Section 6(1) of Under section 5(3), after considering the The MoL makes the final decision for ARIPA 2017 report of the Deputy Commissioner as the acquisitions of property exceeding 50 case may be: standard bigha, after receiving the report from the DC. (a) the government, not exceeding 60 days after the submission of the report, and The DivC makes the final decision on the acquisition of property of 50 standard (b) the [Divisional] Commissioner, within 15 bigha or less, after receiving the report days of submission of the said report or not from the DC. exceeding 30 days of recording the report of delay—shall make a final decision. Land Laws and Regulatory Provisions 113 No. Section/Act Provision Duty/Obligation 11. Section 7(1) of When the Government, the Divisional The DC ensures that a public notice of the ARIPA 2017 Commissioner or the Deputy its decision to acquire the property and Commissioner, has made a decision take possession is posted on or near the to acquire a property, the Deputy property and other convenient places. Commissioner shall cause a public notice to be posted at convenient places on or near such property stating that the Deputy Commissioner has decided to acquire the property and intends to take possession thereof. 12. Section 7(2) of The notice shall state the particulars of The DC must ensure the public notice ARIPA 2017 the property to be acquired and taken states the particulars of the property to possession of, and shall require all be acquired and the requirement that all persons interested in the property to PIs in the property appear before the DC appear personally or by agent before the within the prescribed time. Deputy Commissioner at a time, 15 days after the date of publication of the notice, or in the case of a nationally-important project, after seven days. 13. Section 8(1) of On the date so fixed, or on any other date The DC must hold hearings on the ARIPA 2017 to which the enquiry has been adjourned, statements made by the PIs in response the Deputy Commissioner shall proceed to the public notice served under Section to enquire into the statement, if any, which 7 and in regard to the valuation of the any person has made pursuant to a notice property. given under section 7 and into the value of the immovable property at the date of the publication of the notice under section The DC estimates the award for 4, and into the respective interests of the compensation and apportions it among all persons claiming the compensation and valid PIs. shall make an award of: (a) the compensation which, in his opinion, shall be allowed for the immovable property; and (b) the apportionment of compensation among all known and legal claimants of the said property, based on the information obtained and latest records of the proposed mauza for acquisition. 14. Section 8(3) of The Deputy Commissioner shall, within The DC must provide notice of the award ARIPA 2017 seven days from the date of making an to the PIs within seven days from the date award of compensation: of making such award. (a) give notice of his award to the person The DC must also send the estimate of the holding an interest; and award of compensation to the RB. (b) send the estimate of the award of compensation to the requiring person or organization. Bangladesh Land Acquisition Diagnostic Review: 114 Legal and Institutional Framework, Procedures and Practices Appendix-b No. Section/Act Provision Duty/Obligation Section 8(4) of The requiring person or organization The RB must pay the estimated amount ARIPA 2017 shall pay the estimated amount to the within 120 working days after receiving Deputy Commissioner within 120 working the estimate from the DC. days after receiving the estimation under subsection 3. Section 8(5) of Within 30 working days of the publication The DC must complete the preparation ARIPA 2017 of notice under section 7, or in the case of of the estimated amount of the award of a nationally-important project 15 working compensation within 30 working days, days, as the case may be, the preparation or in the case of a nationally-important of the estimated amount of the award of project, 15 working days, of the publication compensation shall be complete. of the notice under Section 7. Section 9(1) of In determining the amount of When determining the amount of ARIPA 2017 compensation to be awarded for compensation, the DC must take into any property to be acquired, the consideration the market value of the Deputy Commissioner shall take into property, and the damages and expenses consideration: sustained by the PIs in connection with the acquisition. (a) the market value of the property at the date of publication of the notice under section 4, provided that in determining such market value, the Deputy Commissioner shall take into account the average value, to be calculated in the prescribed manner, of the properties of a similar description and with similar advantages in the vicinity during the 12 months preceding the date of publication of the notice under section 4; (b) the damage that may be sustained by the person interested, by reason of the taking of any standing crops or trees which may be on the property at the time of making the joint list; (c) the damage that may be sustained by the person interested by reason of severing such property from his other property; (d) the damage that may be sustained by the person interested by reason of the acquisition injuriously affecting his other properties, movable or immovable, in any other manner, or his earnings; and (e) if in consequence of the acquisition of the property, the person interested is likely to be compelled to change his residence or place of business, the reasonable expenses, if any, incidental to such change. Land Laws and Regulatory Provisions 115 No. Section/Act Provision Duty/Obligation Section 10 of In determining the amount of When determining the amount of ARIPA 2017 compensation to be awarded for any compensation, the DC is not to take into property to be acquired under ARIPA 2017, consideration the degree of urgency of the the Deputy Commissioner shall not take acquisition, the disinclination of the PI, any into consideration: damage sustained that would not render a person liable to a suit, any likely damage to (a) the degree of urgency which has led be caused to the property, or any increase in to the acquisition; value as a result of acquisition. (b) any disinclination of the person interested to part with the property to be acquired; (c) any damage that may be sustained by him which, if caused by a private person, would not render such person liable to a suit; (d) any damage which is likely to be caused to the property to be acquired; (e) any increase to the value of the property to be acquired likely to accrue from the use to which it will be put after the publication of notice under section 4(1). Section 11(1) of On making an award under section 8, The DC must pay the compensation within ARIPA 2017 before taking possession of the property, 60 days from the date of deposit by the after the submission of the estimated RB of the estimated amount, and before amount of compensation by the requiring taking possession of the property. persons, the Deputy Commissioner shall pay the aforesaid compensation within a period not exceeding 60 days from the date of deposit by the requiring persons under subsection 2. Section 11(2) of If the persons entitled to compensation In the event of any dispute to the title ARIPA 2017 do not consent to receive it, or if there to receive compensation or as to the be no person competent to receive the apportionment of it, the DC must keep the compensation, or if there be any dispute amount of compensation on deposit in as to the title to receive the compensation the Public Account. Such deposit will be or as to the apportionment of it, the deemed to be payment for taking over the Deputy Commissioner shall deposit the property. amount of the compensation in the Public Account of the Republic which shall be deemed payment for the purpose of taking over possession of the property without any prejudice to the claim of the parties to be determined by the Arbitrator. Section 11(3) of A person who may have received all or The DC must take measures to identify ARIPA 2017 any part of the award announced under and pay the lawfully entitled person. this chapter [but is not the lawful claimant], shall repay the said amount to the lawful claimant of the immovable property and the Deputy Commissioner shall take measures to realize the amount and pay the same to the lawfully entitled claimant. Bangladesh Land Acquisition Diagnostic Review: 116 Legal and Institutional Framework, Procedures and Practices Appendix-b No. Section/Act Provision Duty/Obligation Section 13(1) of When the compensation mentioned in The DC takes possession of the property ARIPA 2017 the award has been paid or is deemed to once the award has been paid or is have been paid in pursuance of section deemed to have been paid. 11, the property shall stand acquired and vest absolutely in the Government free from all encumbrances, and the Deputy Commissioner shall thereupon take possession of the property. Section 13(2) of Immediately after the acquisition of the Immediately after the acquisition, the ARIPA 2017 immovable property under section 13(1), a DC must publish a declaration of the declaration by the Deputy Commissioner acquisition of immovable property in the to that effect in the prescribed form shall Official Gazette. be published in the Official Gazette. Source: World Bank, analysis by the study team as per ARIPA 2017. 2.4. Legal Methods of Transferring Land Ownership _____ 2.4.1. Acquiring Private Ownership of Land The Bangladesh Constitution allows private ownership of land regulated under the law and managed under the land administration, mainly with the MoL. However, ownership and title in contested cases are decided by the civil courts under the Ministry of Law and Parliamentary Affairs. The legal provisions regarding the methods of transferring property between private owners are described in Table 2.3 below. Table 2.3. Legal Provisions on the Methods of Transferring Property between Private Owners Method Description Sale This is a common method of transferring the ownership and possession of land from one person or entity to another. The primary law dealing with the transfer of property (including land) is TPA 1882. However, it has been held to be a non-exhaustive statute and does not cover all aspects of transactions related to property.4 Under TPA 1882, the sale of immovable property is defined as the “transfer of ownership in exchange for a price paid or promised or part-paid and part-promised” (Section 54 of TPA 1882). In this context, the term “price” is used in its ordinary sense as meaning money only.5 It is imperative that a contract of sale of immovable property be registered within three months from the date of its execution (Sections 17(1)(b) and 23 of RA 1908). The impact of not registering such a contract is that it will not create any right, title, or interest in the immovable property (Section 49(a) of RA 1908). A contract for the sale of immovable property can mention a future time when the sale will take place on terms settled between the parties (Section 54 of TPA 1882). Even though a contract for sale does not, of itself, create any interest in the property, it must be in writing (Section 54A of TPA 1882) and registered within 30 days of executing the contract, irrespective of the transferee taking possession of the property (Section 17A of RA 1908). Exchange An exchange takes place when two people mutually transfer ownership of one property for the ownership of another, without any money being transferred by either party (Section 118 of TPA 1882). If one of the items transferred is money, then the transaction is not an exchange but a sale.6 The mode of transfer in an exchange is the same as in the case of a sale (Section 118 of TPA 1882). Therefore, if an exchange of land is not effected by a registered instrument, then it does not create any interest in favor of any party to the exchange.7 Land Laws and Regulatory Provisions 117 Method Description Gift This is the voluntary transfer of existing movable or immovable property without consideration by a donor to a donee and accepted by or on behalf of the donee (Section 122 read with Section 124 of TPA 1882). The gift must be accepted during the lifetime of the donor and while the donor is still capable of giving. If the donee dies before acceptance, the gift will become void (Section 122 of TPA 1882). Transfer of immovable property by gift must be effected by a registered instrument signed by or on behalf of the donor and attested to by at least two witnesses (Section 123 of TPA 1882). It is a settled principle of law that after the delivery of a deed of gift and before registration, the donor cannot revoke the gift.8 Transfer of land by way of gift may also be made under Mahomedan Law as a heba. A heba is a transfer of property made immediately and without exchange by one person to another and accepted by or on behalf of the latter (Rule 138, Mulla Principles of Mahomedan Law). The three essential elements for validity of a heba are (1) a declaration of a gift by the donor, (2) an acceptance of the gift, express or implied by or on behalf of the donee, and (3) delivery of the subject of possession of the gift by the donor to the donee (Rule 149, Mulla Principles of Mahomedan Law). In case of a gift of immovable property of which the donor is in actual possession, the donor must physically depart from the premises with all their goods and chattels and the donee must formally enter into possession (Rule 152, Mulla Principles of Mahomedan Law). Donation The only transfer that resembles a donation of land in Bangladesh is a waqf, as provided in the Waqfs Ordinance 1962. The person creating a waqf through a waqf deed9 is referred as a “waqif” (Section 2(13) of the Waqfs Ordinance 1962). The general terms of a valid waqf are as follows:10 > It is a permanent arrangement; > It becomes immediately effective and cannot be kept in abeyance; > It is an irrevocable legal contract; and > Waqf property11 can never be confiscated. Transfer of a waqf property may be executed through sale, donation, mortgage, exchange, lease, or transfer for development through partnership (Section 4 of the Waqf (Transfer and Development of Property) Special Provisions Act 2013). However, such transfer must be for the necessity or the welfare of the waqf or its beneficiaries (Section 5(1)) of the Waqf (Transfer and Development of Property) Special Provisions Act 2013). An open tender must be called for the sale of a waqf property, a lease for a period of more than five years, or the transfer for development on the basis of partnership (Section 13(1)) of the Waqf (Transfer and Development of Property) Special Provisions Act 2013). Easement Under the Limitation Act 1908, a person may claim an absolute and indefeasible right to enjoy and adverse access to or use of, light or air, way, or watercourse, or the use of water or other easement12 possession on another’s property on the grounds of adverse possession if, for a period of 20 years, the person (Section 26(1) of the Limitation Act 1908): > Peaceably (without interruption) enjoyed access and use of light or air to and for any building as an easement and as a right; or > Peaceably (without interruption) and openly enjoyed any way, watercourse, the use of any water, or any other affirmative or negative easement as an easement and as a right. However, if the property over which a right is claimed belongs to the GoB, then the easement must continue for a period of 60 years (Section 26(2) of the Limitation Act 1908). Furthermore, if a person does not initiate a suit for possession of a property within 12 years, then their right to such property will be extinguished (Section 28 read with Article 144 of the First Schedule, Limitation Act 1908). In such case, another person may claim title to the property through adverse possession. For establishing such title, the claimant’s adverse possession must be adequate in continuity, in publicity, and in extent to show that it is adverse to the competitor.13 Bangladesh Land Acquisition Diagnostic Review: 118 Legal and Institutional Framework, Procedures and Practices Appendix-b Method Description Succession The Succession Act 1925 governs intestate and testamentary succession in Bangladesh. Provisions related to ownership of property through intestate succession do not apply to the property of any Hindu, Muslim, Christian, Buddhist, Sikh, or Jaina (Section 29(1) of the Succession Act 1925). Regarding provisions on testamentary succession, Muslims are entirely exempted (Section 58(1) of the Succession Act 1925), but the exemption of Hindus, Buddhists, Christians, Sikhs, and Jainas are subject to certain conditions set out in Schedule III (Section 59 of the Succession Act 1925). As a result of such exemptions, religious laws take precedence over the Succession Act. Succession for All questions regarding intestate succession of Muslims (except questions relating to Muslims agricultural land) will be dealt with according to Muslim Personal Law (Shariah) (Section 2 of Muslim Personal Law (Shariah) Application Act 1937). Upon the death of a Mahomedan,14 the executor or administrator of the deceased (Rule 40, Mulla Principles of Mahomedan Law and Section 211 of the Succession Act 1925) must apply to their estate for payment of (Rule 39, Mulla Principles of Mahomedan Law): > Their funeral expenses and deathbed charges; > Expenses of obtaining probate, letters of administration, or succession certificates; > Wages due for services rendered to the deceased within three months immediately preceding their death by any laborer, artisan, or domestic servant; > Other debts of the deceased according to their respective priority; and > Legacies not exceeding one-third of what remains after all the above payments have been made. Succession for There are two schools of thought about Hindu law, namely Dayabhaga and Mitakxara.15 In Hindus Bangladesh, the Hindu Law of Inheritance (Amendment) Act 1929 only applies to persons who would have been subject to the law of Mitakxara but for the passing of the act (Section 1(2) of the Hindu Law of Inheritance (Amendment) Act 1929). It stipulates the order of succession of heirs (Section 2 of the Hindu Law of Inheritance (Amendment) Act 1929) of a Hindu male who died intestate and whose properties are not held in coparcenary (Section 1(2) of the Hindu Law of Inheritance (Amendment) Act 1929). Regarding the rights of Hindu women, the Hindu Women’s Rights to Property Act 1937 was enacted to give them better property rights. If a Hindu governed by the Dayabhaga School, by another school of Hindu law, or by customary law, dies intestate leaving any property, then the widow or widows will be entitled to the same share as a son (Section 3(1) of the Hindu Women’s Rights to Property Act 1937). In this regard, property includes agricultural land (Section 2 of the Hindu Women’s Rights to Property (Extension to Agricultural Land) Act 1943). Any person governed by Hindu law (Hindu Inheritance (Removal of Disabilities) Act 1928) shall not be excluded from inheritance or from any right or share in joint family property by reason only of any disease, deformity, physical or mental defect, other than a person who is and has been mentally incapacitated from birth (Section 2). Succession The traditional succession laws of these communities are not codified under any law. In this for indigenous regard, the inheritance of any land in CHT by non-residents of the districts (i.e. Khagrachari, communities Rangamati, and Bandarban) is inoperative without the express consent of the DC of CHT. In in CHT giving such consent, the DC of CHT must consider the principles of equity and the rights of the non-resident.16 Source: World Bank, analysis by the study team of the applicable land-related laws in Bangladesh. Land Laws and Regulatory Provisions 119 2.4.2. Transfer of Public Land to Private Persons to private persons by the GoB is regulated under or Entities the Non-Agricultural Khas Land Management and Settlement Policy 1995 and the Agricultural Khas Public land in Bangladesh includes khas land, Land Management and Settlement Policy 1997. large bodies of water (haor, baor, beel, rivers), The legal procedures for the transfer of public new accreted land, and vested land. Khas land is land to private persons or entities are discussed divided into two classifications—agricultural and in Table 2.4 below. non-agricultural land. The allotment of khas land Table 2.4. Legal Procedure for the Transfer of Public Land to Private Parties Method Description Allotment of The allotment of non-agricultural khas land to a private person or entity is controlled under non-agricultural the Non-Agricultural Khas Land Management and Settlement Policy 1995. The application khas land of this policy is limited to GoB khas land recorded in the name of the DC (Paragraph 1, Non- Agricultural Khas Land Management and Settlement Policy 1995) and it extends to all districts of Bangladesh except Khagrachari, Rangamati, and Bandarban (Paragraph 11, Non- Agricultural Khas Land Management and Settlement Policy 1995). Non-agricultural khas land is defined as (Paragraph 2(a), Non-Agricultural Khas Land Management and Settlement Policy 1995): > All agricultural khas land and non-agricultural khas land located within townships, i.e. all urban areas and thana sadars (the upazila of district headquarters) within the four metropolitan areas17 of Bangladesh; and > All land except agricultural khas land located outside townships. However, there is certain reserved khas land that cannot be allotted. This is land recorded in khas khatians that contains roads, rivers, canals, drains, sewage ponds, dams, cemeteries, crematoriums, parks, playgrounds for public use, haat-bazaars, and land where the different offices of land administration are located (Paragraph 3(r), Non-Agricultural Khas Land Management and Settlement Policy 1995). Hilly land and slopes may be allotted for productive work on the condition that its natural state will not be transformed (Paragraph 3(s), Non-Agricultural Khas Land Management and Settlement Policy 1995). The policy stipulates a list of persons and entities that are eligible to receive non-agricultural khas land and also identifies situations where such allotment may be cancelled. The DC determines the salami (required payment in cash) for the requested land, creates case records, and submits proposals for such requests to the relevant authority, such as the thana sadar, the LRB, or the MoL (Paragraphs 4(a) and (b), Non-Agricultural Khas Land Management and Settlement Policy 1995). Except for non-agricultural khas land permanently allotted through auction upon determination of salami, the allotment of any non-agricultural khas land in metropolitan areas must be approved by the GoB through the MoL (Paragraph 4(c), Non-Agricultural Khas Land Management and Settlement Policy 1995). Upon long-term allotment of non-agricultural khas land, the DC must open a separate khatian wherein the name of the DC on behalf of the GoB and the name of the allottee are recorded. The khatian should also contain the date on which such allotment begins and ends. Furthermore, the allottee is liable to pay the LD tax for the allotted land, details of which are stipulated in the allotment agreement and the khatian (Paragraph 6, Non- Agricultural Khas Land Management and Settlement Policy 1995). In any case, the allottee must pay the LD tax and other taxes from the day they take possession of such allotted land (Paragraph 7, Non-Agricultural Khas Land Management and Settlement Policy 1995). The decision of the GoB in any dispute relating to the allotted land is final (Paragraph 8, Non- Agricultural Khas Land Management and Settlement Policy 1995). Bangladesh Land Acquisition Diagnostic Review: 120 Legal and Institutional Framework, Procedures and Practices Appendix-b Method Description Allotment of The Agricultural Khas Land Management and Settlement Policy 1997 was formulated to agricultural khas bring an organized and people-oriented distribution of agricultural khas land to landless land people to keep up with the evolution of the times and socioeconomic structure (Paragraph 1, Agricultural Khas Land Management and Settlement Policy 1997). It extends to all districts of Bangladesh except Khagrachari, Rangamati, and Bandarban (Paragraph 1.3, Agricultural Khas Land Management and Settlement Policy 1997). Agricultural khas land is defined as (Paragraph 9, Agricultural Khas Land Management and Settlement Policy 1997): > The cultivable lands that are situated outside metropolitan areas, municipal areas, and within the areas of thana sadars; and > All land except non-agricultural khas land. There are restrictions on the GoB allotting certain land: > Khas agricultural forest land and land used for cultivation of shrimp and salt (Paragraph 26, Agricultural Khas Land Management and Settlement Policy 1997); and > Land selected by the GoB for building an ideal village (Paragraph 28, Agricultural Khas Land Management and Settlement Policy 1997). The policy contains a definition of landless families and stipulates a list of priorities among them for the purpose of allotment. The processes of selection, allotment, cancellation of allotment, and dispute resolution are also addressed. Allotment Local government bodies and development authorities are also empowered to transfer land by local acquired by them to private persons. Local government bodies include zila parishad, upazila government parishad, municipalities, and city corporations. Municipalities may manage their properties bodies and in the following ways (Section 46 of the Local Government (Municipality) Act 2009): development authorities > Lease out or sell its immovable property (including land) on the basis of open competition upon following due process and subject to the decision taken in the council18 meetings; > Lease out or sell its immovable property (including land) if such land is unnecessary for the objectives, duties, and responsibilities of a municipality under the law and if such lease or sale would instead benefit the municipality, subject to prior approval of the GoB; and > Sell immovable property (including land) received from the GoB, any governmental department or agency, subject to prior approval of the GoB. Similarly, zila parishad, upazila parishad, and city corporations may transfer their property by way of donation, sale, mortgage, lease, exchange, or in any other way, subject to prior approval of the GoB.19 With respect to development authorities, there are currently five of them created as autonomous bodies through statute as listed below: 1. RAJUK, established for Dhaka under TIA 1953. 2. Chattogram Development Authority (CDA), established for Chattogram under the Chittagong Development Authority Ordinance 1959 (repealed and replaced by the Chattogram Development Authority Act 2018). 3. Khulna Development Authority (KDA), established for Khulna under the Khulna Development Authority Ordinance 1961 (repealed and replaced by the Khulna Development Authority Act 2018). Land Laws and Regulatory Provisions 121 Method Description 4. Rajshahi Development Authority (RDA), established for Rajshahi under the Rajshahi Town Development Authority Ordinance 1976 (repealed and replaced by the Rajshahi Development Authority Act 2018). 5. Cox’s Bazar Development Authority, established for Cox’s Bazar district under the Cox’s Bazar Development Authority Act 2016. RAJUK may let for hire, lease, sale, exchange, or otherwise dispose of any land vested in or acquired by it (Section 101(1) of TIA 1953). Whenever RAJUK decides to lease or sell any land acquired by it from any person, it must (1) give notice by advertisement in a local newspaper, and (2) offer to the said person, or their heirs, executors, or administrators, a prior right to take on the lease or to purchase such land at a rate fixed by RAJUK, provided RAJUK considers that such right is not detrimental for carrying out the purposes of TIA 1953 (Section 101(2) of TIA 1953). In exercise of these powers, RAJUK has undertaken the “Purbachal New Town Project,” which is billed as the biggest planned township in the country.20 RAJUK has been selling/allotting plots in the project to the public according to the prescribed process under TIA 1953. Under their respective acts, CDA (Section 30 of the Chattogram Development Authority Act 2018), KDA (Section 30 of the Khulna Development Authority Act 2018), RDA (Section 22(1) of the Rajshahi Development Authority Act 2018), and Cox’s Bazar Development Authority (Section 22(1) of the Cox’s Bazar Development Authority Act 2016) have similar powers of disposing of land acquired by them through sale, lease, or exchange. For instance, CDA issued a notice for allotment of flats in the Kazir Dewri Kitchen Market and Apartment Complex it has constructed in exercise of its powers.21 Source: World Bank, analysis by the study team of the applicable land-related laws in Bangladesh. 2.4.3. Transfer of Public Land to Public Entities For instance, the GoB may transfer public property within a local jurisdiction to city corporations or The GoB may allot non-agricultural khas land union parishads (or union councils). Although to any governmental office, department, or an express provision does not exist in the Local organization if it is required for any GoB purpose. Government (Municipality) Act 2009, Section In such case, the value of the land must be 46(2) clearly indicates that municipalities may paid as per the market rate (Paragraph 3(a), receive immovable property (including land) from Non-Agricultural Khas Land Management and the GoB. Settlement Policy 1995). According to the Land Management Manual 1990, if ownership of any RAJUK is empowered under TIA 1953 to acquire public land is transferred from a department under any building (and the structure and land on which the control of one ministry to another department it stands), street, square, or other land which under the control of another ministry, then the vests in Dhaka City Corporation, Narayanganj requiring ministry must submit a proposal to the City Corporation, or Gazipur City Corporation, zila MoL providing the purpose for which such land is parishads, upazila parishads, or union parishads, required, a description of the land, and its market and is within the area of any improvement scheme value (Paragraph 114, Land Management Manual or rehousing scheme of RAJUK, upon giving notice 1990). The MoL may approve the proposal if to the relevant mayor or chairperson (Section there are no objections, subject to the necessary 55(1) of TIA 1953). RAJUK must pay compensation conditions. to the local government bodies for any building that vests in it under this provision (Section 55(4) There are specific statutory provisions with of TIA 1953). However, compensation for any land respect to the transfer of public property to local (not being a street or square) will only be payable government bodies or development authorities. to the zila parishad, upazila parishad, or union Bangladesh Land Acquisition Diagnostic Review: 122 Legal and Institutional Framework, Procedures and Practices Appendix-b parishad (Section 55(3) of TIA 1953). Any dispute development project and movable or immovable regarding the compensation or necessity of any property must be located within the areas of the building, street, square, or other land is to be respective city corporations. referred to and finally decided by the GoB (Section 55(5) of TIA 1953). 2.4.4. Settlement and Allocation of New Land Under the provisions of the respective The Land Management Manual 1990 together Development Authority Acts for Chattogram, Cox’s with SATA 1950 and the Alluvial Land Act 1920 Bazar, Khulna, and Rajshahi, the GoB can transfer governs the settlement and allocation of new any development project it has approved and any land formed from a river or the sea that was movable or immovable property owned by the never owned by any public or private entity. GOB to CDA, Cox’s Bazar Development Authority, See Table 2.5 for the procedures for the legal KDA, or RDA. It should be noted that such settlement of new land. Table 2.5. Procedures for the Legal Settlement of New Land Method Description of procedures Alluvion land New land formed from a river or the sea that is attached to the mainland or is an island in Bangladesh waters, is settled and allocated under the provisions of SATA 1950. Any such land gained by accession will not be considered as an increase in the holding or tenancy to which it could be annexed but will vest absolutely in the GoB and be at its disposal (Section 87(1) of SATA 1950). Attachment of If a collector (under the provision of Section 2(b) of the Alluvial Lands Act 1920) has credible alluvion land information that a dispute regarding any alluvion land that has recently formed is likely to cause a breach of the peace, then he or she may issue an order in writing in the interest of public order to attach such property, and demarcate it with boundary pillars (Section 3(1) of the Alluvial Lands Act 1920). Collectors that attach such alluvion land have the discretion to manage the land themselves during the period of the attachment or they can also appoint a receiver. Receivers will enjoy the power conferred on them under the Code of Civil Procedure 1908, but under the control of the collector. The following conditions in this regard must be met (Section 3(2) of the Alluvial Lands Act 1920): > Neither the collector nor the receiver will make a settlement or resettlement of any land for a period exceeding one year, nor charge any salami (price) for such settlement or resettlement. > If any settlement or resettlement is made, the collector or the receiver will have to give preference to the claim of a person who appears to him or her to have the right to immediate possession of such land in making such settlement or resettlement of any land. Survey and The Land Management Manual 1990 provides for the survey and mapping of alluvion land mapping of for settlement and allocation. After land has formed, the DC will send a letter to the Director alluvion land General of the DLRS or the Settlement Officer for the survey and mapping of the concerned land. Thereafter, the Settlement Officer will arrange for the survey and recording of the land (Paragraph 78 of the Land Management Manual 1990). If there is any appeal against such decision, it must be resolved immediately in order to publish the recording of the land (Paragraph 80 of the Land Management Manual 1990). Land Laws and Regulatory Provisions 123 Method Description of procedures Settlement of After the survey and recording of the land is completed, the revenue officer or the collector alluvion land may give the land for settlement (Paragraph 81 of the Land Management Manual 1990). This has to be decided in the general meeting of the Upazila Land Reform Committee (Paragraph 83 of the Land Management Manual 1990). The AC (Land) will invite applications for settlement of the land. The applicants will have to meet all of the following criteria (Paragraph 85 of the Land Management Manual 1990): > The applicant’s family must not own more than one acre of land and must have equipment for cultivation; > The applicant’s family must be a resident of the concerned mauza or the adjacent mauza; and > The description of the requested land must be included in the application. The Upazila Land Reform Committee will decide to whom the land will be allotted based on the applications and, if necessary, interviews of the applicants (Paragraph 86 of the Land Management Manual 1990). However, no family will receive more than two acres of land. This lease is not renewable, and no person will be allotted land for two consecutive years (Paragraph 90 of the Land Management Manual 1990). Other than via a settlement deed executed and registered by the collector or their authorized representative, no title or interest can be created in any khas land formed by alluvion. No tenancy rights can be created, and a khatian cannot be opened in favor of a person making such claims (Paragraph 95 of the Land Management Manual 1990). Diluvion land When any land is lost by diluvion, the tenant as per SATA 1950 may make an application to the revenue officer to abate the rent or the LD tax of such land by an amount that is considered as fair and equitable by the revenue officer. The loss of such land will be recorded, which will be treated as proof of title to the land in the event the land reappears. The right, title, and interest of the original tenant or its successor-in-interest will remain vested in the land if the land reappears within 30 years of diluvion (Section 86(2) of the State Acquisition and Tenancy (Amendment) Act 1994). The length of time was extended by the 1994 amendment, which was originally only 20 years under SATA 1950.22 Collector’s When an eroded land reappears, the right to immediate possession of the land will be duty towards exercised by the collector (Section 2(24) of SATA 1950). As per Section 86(3), this step may reappearance be taken at the collector’s own volition, or upon written request by the tenant to whom the of diluvion land belonged or its successors-in-interest or by any other person. Upon taking possession, land the collector or revenue officer will issue a public notice acknowledging such possession of the land. Thereafter, as per Section 86(4) of SATA 1950, the collector or revenue officer will conduct a survey and prepare maps of the land that has reappeared. Allotment to Following the provisions of SATA 1950, upon conducting a survey and preparing the the original map, the collector will allot the land to the tenant whose land was lost by diluvion or to tenant its successors-in-interest. The allotment will be done within 45 days of the completion of the survey and preparation of maps. The allotment of the diluvion land, together with the land already held by the tenant or its successors-in-interest must not exceed 60 standard bigha. Any land in excess of 60 standard bigha will vest in and be at the disposal of the GoB. The tenant or its successor will be liable for paying a fair and equitable LD tax as determined by the revenue officer. If land reappears upon which no individual has a claim, the collector must then issue a public notice stating that the land is khas land vested in the GoB and no other person has any interest in that land. Exception The abovementioned provisions of SATA 1950 will not apply if, as per Section 86(7), the reappearance of land is caused or accelerated by any artificial or mechanical process as a result of development work undertaken by the GoB, or any authority empowered or authorized by or under any law to undertake such development work. Source: World Bank, analysis by the study team of the applicable land-related laws in Bangladesh. Bangladesh Land Acquisition Diagnostic Review: 124 Legal and Institutional Framework, Procedures and Practices Appendix-b 2.5. Legal Process for the The governing law for LA in CHT is CHTR 1958 (as Acquisition of Private Land amended in 2018 by the interim approval of CHTO _____ 2018, and then approved as CHTA 2019). (Note that The principal main legal instrument governing all further references to CHTR 1958 in this report the acquisition of private land in Bangladesh, are to its amended version.) except in CHT, is ARIPA 2017, which was enacted on September 21, 2017, replacing the former law 2.5.1. ARIPA 2017 Provisions for Land on LA, ARIPO 1982. The MoL issued the ARIPA Acquisition Circular in 2017 to supplement ARIPA 2017 and The enhanced provisions and guidelines on the LA guide the implementation of Sections 4-11 of ARIPA process under ARIPA 2017 and the ARIPA Circular 2017 until the rules for ARIPA 2017 are adopted. are described in Table 2.6. ARIPA 2017 and the ARIPA Circular made various amendments to ARIPO 1982 to facilitate the LA process and provide extra support to aggrieved individuals whose land is to be acquired. Table 2.6. LA Process Provisions and Guidelines under ARIPA 2017 and the ARIPA Circular Actions Reference Provisions and guidelines Land ARIPA Circular, The RB collects and provides a basic schedule of the proposed schedule and Cha Form, land and identity of the recorded owners. The upazila land office identification of Clause 9 (UZLO) and ULO will provide detailed ownership information before current legal opening an LA case with the DC office. owners During joint verification, the team must search for the latest owners and possessors of the land plots and collect their names, addresses, and cell phone numbers. The DC will ensure that the expected ownership information is collected without fail. Video and ARIPA 2017, The real nature and condition of, and the structures, crops, and trees still imaging Section 4(3 - 7) on, the proposed immovable property should be recorded by video and joint and still pictures during the first visit after receipt of the LA proposal. verification ARIPA Circular, This captured data is used to prepare the joint verification field book of the actual Gha and Uyo (JVFB) with the participation of the owners of the land. If the nature status and type Forms of the land in reality is different than what it says in its khatian, the of immovable DC makes the decision on whether to change the nature of the land. property and The DC will not record the change in the nature of the land in the the structures, JVFB if the nature of the land was changed with the malicious intent crops, and to increase compensation by building houses or infrastructure trees on the after the DC records the nature of the land by taking video and still land. pictures under Section 4(3a) of ARIPA 2017. Objections can be made against the DC’s decision on joint verification data. Enhanced ARIPA 2017, As per ARIPA 2017, the compensation payable for an LA is the compensation Section 9(2 & 3) market price plus an additional 200% of such market price (the provisions compensation payable is 300% on top of the actual market price if the land is acquired for any private person or entity). An additional 100% of the market price is payable in cases of the loss of non-land assets under Section 9(1) of ARIPA 2017. These payable amounts represent a large increase compared to ARIPO 1982, where the compensation payable was the market value of the land and an additional 50% of such market value because of the compulsory nature of the acquisition. Land Laws and Regulatory Provisions 125 Actions Reference Provisions and guidelines Acquisition ARIPA 2017, Generally, any land used for religious worship, graveyards, or of land of Section 4(13) crematoriums cannot be acquired. However, if the land is critically religious essential for a public purpose or the public interest, it can be acquired sensitivity only after relocating and rebuilding the facility at the RB’s expense. Accelerated ARIPA 2017, A shorter time is allocated under ARIPA 2017 to expedite the time schedule Sections 4(9), acquisition process of nationally-important projects. For instance, for nationally- 5(2-3), 7(2), 8(5) when notice is issued under Section 7 of ARIPA 2017 (notice that important the DC has decided to acquire the property and intends to take priority possession of it), the normal time frame is for all PIs to appear before projects the DC 15 days after publication of the notice, but for nationally- important projects, it is within seven days after publication. Provisions for ARIPA 2017, Resettlement of physically displaced residential households can be resettlement Section 9(4) undertaken in addition to compensation or just rehabilitation. ARIPO of physically 1982 did not contain any provisions regarding resettlement. displaced households Source: World Bank, analysis by the study team of ARIPA 2017 and the ARIPA Circular. Besides ARIPA 2017 and the ARIPA Circular, the > An administrative order of approval of other noteworthy laws with regard to acquiring development of the project certain types of land are EDA 1952, SATA 1950 (as > A letter of guarantee of payment (budget amended up to 1994), and the Waqfs Ordinance allocation, verified copy of the development 1962 (East Pakistan Ordinance). For instance, EDA project proforma (DPP) approval) 1952 provides special provisions on the acquisition of land for the construction of embankment and > Schedule24 of the proposed land drainage structures in emergency situations if the > Collection of mauza maps indicating the acquisition cannot be completed on time following proposed land on tracing cloth ARIPA 2017. > Layout plan25 2.5.2. Land Acquisition Proposal > Project details, and the minimum amount of land required for the project and the The LA proceedings have been discussed in the rationale behind it main report of this LADR. The DC is the authority > Rehabilitation plans26 to acquire property, if the property is needed for any public purpose or the public interest (Section > No-objection certificate or letter from 4(1) of ARIPA 2017). The process starts with the RAJUK, KDA, CDA, RDA, and any other local RB submitting an LA proposal to the DC that authorities (depending on the project and demonstrates such public purpose or interest. The circumstances) LA proposal comprises the following documents > No-objection certificate or letter from the (Clause 1 of the ARIPA Circular). Urban Development Directorate > The proposal in the prescribed format > Clearance certificate from the Department of Environment > A detailed description of the project > Reports related to religious and educational > An approval letter from the regulatory institutions, if any27 ministry of the concerned RB23 regarding the LA > Video clips of the proposed land Bangladesh Land Acquisition Diagnostic Review: 126 Legal and Institutional Framework, Procedures and Practices Appendix-b > Letter of Commitment28 determining the amount of compensation, the DC takes the following into consideration (Section 4(1) > A pledge/undertaking29 of CHTR 1958): > Information regarding the latest records of title/ownership as per the Cha Form (the > The market value of the land on the date ARIPA Circular). of the order of acquisition; After receiving a complete LA proposal and > The loss incurred by a PI due to the other relevant documents from the RB, the DC removal of any structure, bamboo, other prepares a timeline for carrying out the acquisition trees, or standing crops on the land at the according to the provisions of ARIPA 2017 and the time the DC takes possession of the land; ARIPA Circular, and presents the timeline of the > Any damage sustained by a PI by reason process to the DivC and the MoL. of the severing of such land from the PI’s other land at the time the DC takes 2.5.3. Bar on the Jurisdiction of the Courts possession of the land; ARIPA 2017 imposes a bar on the jurisdiction of the > Damage (if any) sustained by a PI by courts. Unless expressly stated in ARIPA 2017, no reason of the acquisition injuriously court may entertain a suit or application against affecting the PI’s other property (movable any order passed or any action taken under the or immovable) or earnings at the time the act, and no injunction can be granted by any court DC takes possession of the land; in respect of any action taken or to be taken in > If in consequence of the acquisition of pursuit of any power conferred by or under the the land by the DC, PIs are compelled act (Section 36(4) of ARIPA 2017). to relocate their residence or place of business, the reasonable expenses, if any, 2.6. Land Acquisition in the incidental to such change; and Chattogram Hill Tracts > Any decline in the profits (bona fide) of the _____ land between the time of the service or The principal regulatory framework for land publication of the notice of the acquisition acquisition in CHT is CHTR 1958. The DC of CHT order and the DC taking possession of the includes any officer who is specially appointed by land. the GoB to perform all or any of the functions of the DC under CHTR 1958 (Section 2(a) of CHTR 1958). In addition to the market value of the land, the DC The DC is empowered to acquire land by issuing a will award an additional amount of 200 percent written order if the land is required for any public of the market value for acquisitions for public purpose (Section 3(1) of CHTR 1958). Upon making purposes and 300 percent for acquisitions for such an order, the DC serves it on the concerned private purposes, considering the compulsory PIs (Section 3(2) of CHTR 1958). If the DC considers nature of the acquisition (Section 4(2) of CHTR it too time consuming to serve copies of the order 1958). Appeals against an order by the DC individually on all PIs, it can also be published as a determining compensation can be made to the public notice at a convenient place in the locality. DivC of Chattogram within 30 days of service of The land will vest in the GoB as soon as the order the notice of such determination (Section 5(1) of is served or published, and the DC is entitled to CHTR 1958). take possession of the land by using such force as may be necessary (Section 3(3) of CHTR 1958). 2.6.2. Land under the Control of the District Councils 2.6.1. Compensation Any land under the control and possession of When any land is acquired, the GoB pays a district council of Khagrachari, Rangamati, compensation as determined by the DC. In or Bandarban cannot be acquired by the GoB Land Laws and Regulatory Provisions 127 without a discussion with, and approval from the 2.7. Land Litigation and Ownership concerned district council. Disputes _____ 2.6.3. Distinctions between the CHT and Land litigation in Bangladesh covers a wide range Mainland Legal Frameworks of disputes arising with regard to ownership, possession, registration, partition, succession, The main distinctions between the CHT and maintenance of proper khatians, and the like. mainland LA legal frameworks are as follows: However, there is no uniform set of laws governing > Relevant laws: Currently, LA on the the resolution of land disputes in Bangladesh. mainland is governed mainly by ARIPA 2017 Depending on the nature of the dispute, different and the ARIPA Circular. LA in CHT is mainly authorities have jurisdiction, as discussed below. governed by CHTR 1958. 2.7.1. Land Survey Tribunals and Land Survey > Permission from the district councils: Prior Appellate Tribunal approval from the relevant hill district council of Khagrachari, Rangamati, or Bandarban Land survey tribunals were established under must be obtained before undertaking any SATA 1950 for the disposal of objections and acquisition of land under their control. On suits relating to khatians (Section 145A(1) of SATA the mainland, a no-objection certificate 1950). Although SATA 1950 stipulates that the GoB from RAJUK, KDA, CDA, RDA, and any other will establish land survey appellate tribunals for local authority is required to be submitted appeals arising out of the judgments, decrees, along with the LA proposal (depending on or orders of the land survey tribunals (Section the project/circumstances) (Clause 1 of the 145B(1) of SATA 1950), no appellate tribunal has ARIPA Circular). ever been created. As such, all appeals against > Objections against acquisition: Under decisions of the land survey tribunals are made at ARIPA 2017, objections against an the High Court Division. For this reason, the GoB acquisition can be filed with the DC within is considering the abolishment of all land survey 15 working days from the issuance of the tribunals and handing over their jurisdiction to the notice of acquisition (Section 5(1) of ARIPA civil courts. 2017). Land in CHT vests in the GoB (subject to permission from the district council) as 2.7.2. Land Appeal Board soon as a copy of the order of acquisition is The Land Appeal Board established under the served or published as a notice under CHTR Land Appeal Board Act 1989 (Section 4 of the 1958 (Section 3(3) of CHTR 1958). Land Appeal Board Act 1989) is the highest > Recourse against the determination of administrative tribunal entrusted with the power compensation: In CHT, appeals can be made to dispose of appeals pursuant to the Land to the DivC of Chattogram within 30 days Management Policy 1990 (Paragraphs 12 and 15, of service of the notice of compensation Land Management Policy 1990) against the orders determination (Section 5(1) of CHTR 1958). of DivCs or Additional Commissioners under On the mainland, PIs have 45 days from the different land laws relating to, among others: date of service of the notice of the award > Mutation cases to make an application to the Arbitrator for > Abandoned and vested property revision of the award (Section 30(1) of ARIPA 2017). The Arbitrator’s decision can be > Khatians further appealed to the Arbitration Appellate > LD tax Tribunal (Section 36(1) of ARIPA 2017). > Waqf and debutter property > Allotment of khas land > Sairat Mahal and jalmahal. Bangladesh Land Acquisition Diagnostic Review: 128 Legal and Institutional Framework, Procedures and Practices Appendix-b 2.7.3. Village Courts 2.8. Land Acquisition Systems in Other Countries Village courts established under the Village Court _____ Act 2006 (Section 5 of Village Court Act 2006) have jurisdiction to adjudicate civil suits involving Many countries protect, through updates and the dispossession of immovable property within amendments to existing laws, the interests of one year of such dispossession (Section 3(1) of individual landowners by providing, for example, the Village Court Act 2006). The value of the rehabilitation and resettlement options, job immovable property must be less than BDT security, protection of agricultural land for 75,000. food security, etc. in the context of LA by the government. ARIPA 2017 does not adequately 2.7.4. CHT Land Dispute Resolution Commission provide such protection in Bangladesh. The CHT Land Dispute Resolution Commission (the 2.8.1. Recent Changes in India CHT LC) was established under the CHT LC Act 2001 for the speedy resolution of land disputes in CHT India made a few notable changes through the (Section 3(1) of CHT LC Act 2001). Its functions include: implementation of the Right to Fair Compensation and Transparency in Land Acquisition, > The resolution of land disputes relating Rehabilitation and Resettlement Act 2013. They to resettled refugees, illegal settlement, are: and dispossession in accordance with the customary laws, customs, and procedures (a) Rehabilitation and resettlement: A of CHT (Section 6(1)(a) of CHT LC Act 2001). constructed house forms part of the rehabilitation and resettlement package for those who have lost > The determination of the rights of the a house to LA. Affected persons are also provided parties relating to title and other rights with three options: (1) a job for at least one member in accordance with the customary laws, of the affected family, (2) a one-time payment of customs, and procedures of CHT, and the Rs 500,000 (five lakh), or (3) an annuity of not less reinstatement of possession, if needed than Rs 2,000 per month per family for 20 years. (Section 6(1)(b) of the CHT LC Act 2001). In Bangladesh, ARIPA 2017 and the ARIPA Circular > The cancellation of the allotment of land include provisions for rehabilitation when land (including fringe land) and the reinstatement is acquired. Rehabilitation plans that specify the of possession if such allotment is against the method of resettlement before taking possession customary laws, customs, and procedures of the land, the funding, the number of affected of CHT and results in the dispossession of families, and other related information are the lawful owner (Section 6(1)(c) of the CHT required to be submitted to the DC along with the LC Act 2001). LA proposal. However, India’s resettlement and rehabilitation provisions are more specific and A disputant must submit an application for dispute provide options for job security, annuity policies, resolution to the CHT LC on a white piece of paper and others. with their signature or thumbprint (Section 9(1) of the CHT LC Act 2001). The applicant may amend (b) Consent and social impact assessment: the application once, subject to the permission of LAs for public-private partnership projects now the CHT LC given in the interests of justice (Section require the consent of 70 percent of landholders, 9(2) of the CHT LC Act 2001). Every decision by while acquisitions on behalf of private companies the CHT LC is treated as a decree of a civil court. for public purposes require the consent of 80 However, no appeal is accepted against this percent. decision and the validity or merit of this decision cannot be challenged (Section 16 of the CHT LC There is no such consent requirement in Act 2001). Bangladesh for either public-private partnerships or private companies as there are no provisions Land Laws and Regulatory Provisions 129 in this regard in either ARIPA 2017 or the ARIPA for councils on August 6, 2019, which applies to Circular. While India now requires that a social all new acquisitions under the Land Acquisition impact assessment be conducted before an LA, (Just Terms Compensation) Act 1991. To improve there is no such legal requirement in Bangladesh. the experience of property owners, the acquiring authority is required to provide impacted property (c) Food security and agricultural land: Irrigated, owners with clear and concise information multi-crop land should not be acquired save in about the acquisition process and their rights exceptional circumstances. Additionally, whenever and obligations. Furthermore, owners are to be such land is acquired, an equivalent area of supported throughout the acquisition process cultivable wasteland has to be developed for with assistance tailored to meet individual agricultural purposes. In the alternative, an amount circumstances. This is to be achieved by the equivalent to the value of the land acquired has to appointment of personnel who will help be deposited with the government for “investment landowners navigate through the acquisition in agriculture to enhance food security.” There are process in an informed manner. no such specific provisions regarding food security or protection of agricultural land in ARIPA 2017 or PIs in Bangladesh are informed of acquisitions the ARIPA Circular. through notices, such as the preliminary notice of acquisition, notice regarding the award of 2.8.2. Recent Changes in New South Wales, compensation, etc. PIs are allowed to object to Australia the decision of acquisition or determination of compensation. However, there are no appointed New South Wales, through the Office of Local personnel to assist landowners in navigating Government, issued Circular No. 19-16 to through the acquisition process in an informed implement new property acquisition standards manner, or to meet their individual needs. Notes ................................ 1 The word “law” is defined in Article 152 of the Constitution as any act, ordinance, order, rule, regulation, bylaw, notification, or other legal instrument, and any custom or usage having the force of law in Bangladesh. 2 Pursuant to Section 2(3) of ARIPA 2017, “Commissioner” means and includes the Divisional Commissioner and Additional Divisional Commissioner. 3 HV Low & Co Ltd v Pulin Beharilal Sinha (1933) AIR 1933 Cal 154. 4 Madan Pillai v Badrakali (1922) AIR 1922 Mad 311. 5 Commissioner of I-Tax v Motor & General Stores (P) Ltd (1967) AIR 1968 SC 200. 6 Jabed Ali Bepari v Abdul Bari Bepari 19 DLR 192. 7 Kalyanasundaram Pillai v Karuppa Mooppanar (1927), AIR 1925 PC. 8 Any deed or instrument by which a waqf has been created and includes any valid subsequent deed or instrument by which any of the terms of the original dedication has been varied (see Section 2(11) of the Waqfs Ordinance 1962). 9 http://en.banglapedia.org/index.php?title=Waqf (as on February 19, 2020). 10 Including property of any kind acquired with the sale proceeds of or in exchange of or from the income arising out of waqf property, and all offerings made or charities consecrated or contributed on or to waqf property (see Section 2(12) of the Waqfs Ordinance 1962). 11 Easement includes a non-contractual right by which one person is entitled to remove and appropriate for their own profit any part of the soil belonging to another or anything growing in, or attached to, or subsisting upon, the land of another (see Section 2(5) of Limitation Act 1908). 12 Md. Sayedul Haque v Nazma Begum (2015) 23 BLT 160. 13 A Mahomedan is a person who acknowledges (1) that there is but one God, and (2) that Mahomed is His Prophet (see rule 19, Chapter II, Mulla Principles of Mahomedan Law, 22nd Edition). Bangladesh Land Acquisition Diagnostic Review: 130 Legal and Institutional Framework, Procedures and Practices Appendix-b 14 http://en.banglapedia.org/index.php?title=Hindu_Law (as on February 19, 2020). 15 Rule 34(13) of the Rules for the Administration of the Chattogram Hill Tracts made under CHTR 1900. 16 The policy extends to all 11 city corporations now, as there are currently 11 metropolitan areas in Bangladesh, namely: Dhaka North, Dhaka South, Chattogram, Khulna, Rajshahi, Barisal, Sylhet, Gazipur, Rangpur, Mymensingh, and Narayanganj. (https:// en.wikipedia.org/wiki/Narayanganj) (as on February 19, 2020). 17 Council refers to the elected body comprising the mayor and councilors (Section 2(38), Local Government (Municipality) Act 2009). 18 Section 48(2)(c) of the Zila Parishad Act 2000, Section 41(2)(c) of the Upazila Parishad Act 1998, and Section 80(2)(c) of the Local Government (City Corporation) Act 2009. 19 http://www.rajuk.gov.bd (as on May 3, 2020). 20 http://cda.gov.bd/notice-flat-allotment-kazir-dewri-market-apartment-complex/ (as on May 3, 2020). 21 Abi Abdullah (Md) and others v Government of Bangladesh represented by the Secretary, MoL and others, 58 DLR (2006) 250. 22 Section 2(8) of ARIPA 2017 uses the term “Requiring Person or Organization,” which is defined as the person or organization who proposed the acquisition or requisition of the immovable property. 23 Mauza name, Jurisdiction List (JL) No., total area of land in the daag (unique plot) from the latest survey, total area of proposed land to be acquired, and signature of the concerned officer. 24 Detailed information on the planned construction and usage of the land, which must be signed by the competent authority. 25 Details on the number of affected families, the method of resettlement before taking possession of the land, funding, and other related information. 26 Information regarding the necessity of the acquisition with detailed reasoning, a detailed plan for the relocation process, financial resources, and so on. 27 This is a letter stating that the DC may take back the property from the RB if the acquired land is not used for the intended purpose. 28 This states that the RB has the ability to pay the award of compensation set by the Arbitration Court or the Arbitration Appellate Tribunal and that the compensation will be paid within the time specified by the court’s order. Land Laws and Regulatory Provisions 131 Bangladesh Land Acquisition Diagnostic Review: 132 Legal and Institutional Framework, Procedures and Practices Chapter 3 Land Administration and Management 3.1. Evolution of Land Rights rights. It named the zamindars as the proprietors _____ of the soil and fixed the revenue that was payable The region of Bengal has gone through significant to the sovereign. political and economic changes, which are From 1793-1885, land ownership and land use reflected in changes in land rights. Land was were at the center of political, economic, and social primarily owned by the original cultivator (called shifts in the region of Bengal. The period witnessed the “rayat”), whose title was protected by the a peasant revolt and a subsequent suppression of community and the king. During the period from the revolution through state patronage. However, 320 BC to 1202 AD, known as “Hindu Rule,” rayats the ruling powers attempted to compromise were considered to be the actual proprietors of between the principal (zamindar) and the agent the land. The king (or queen) derived economic (peasants) by empowering tenants and regulating benefits from the land in exchange for the the exercise of the rights of the zamindars. Several protection they provided for the life and property legislative changes were also ushered in during of the rayats and not because of any ownership that period, including the enactment of the Survey claim to the land. The Muslim government, which Act of 1875, which is still in place, and the Bengal succeeded Hindu Rule, retained the established Tenancy Act of 1885 (BTA 1885), which covered system of ownership with some modifications. critical aspects of the management of land rights. The zamindars collected rent for the sovereign, The civil courts were empowered to adjudicate receiving 10 percent of the collection or revenue- disputes between zamindars and rayats. Box free land for their services. The Permanent 3.1 below discusses the novel and innovative Settlement Regulation enacted in 1793 had elements that began with BTA 1885 and survive significant implications concerning property until now. Box 3.1. Mauza Map and Khatian The khatian and mauza map are the two principal documents that record, establish, and prove land ownership in Bangladesh. The mauza map (a plot-based administrative map) and khatian (textual record of ownership) are considered to be the first records of ownership on the Indian subcontinent. BTA 1885 recommended periodic survey and settlement operations—establishing a new process for the documentation of land rights. The plot-based system was in line with the cadastral survey system practiced in other parts of the British Commonwealth. All districts of Bangladesh except CHT and districts under the Sylhet Division were surveyed and mapped. Land records were created in Sylhet after the survey and settlement operation done during 1950-1964. Source: World Bank, analysis by the study team. 133 The historical and political events of the Indian acquired, nationalized or requisitioned save by subcontinent in general and the Bengal region authority of law.” Further, “The executive authority in particular shaped the modern land laws of of the Republic shall extend to the acquisition, Bangladesh. After becoming an independent sale, transfer, mortgage, and disposal of property.” country in 1971, a progressive constitution was adopted. The Constitution of Bangladesh 3.2. Land Administration in recognizes three forms of ownership—State, Bangladesh cooperative, and private. The Constitution broadly _____ discusses the topics of land ownership and Land administration in Bangladesh consists acquisition, stating: “Subject to any restrictions of three departments: the DLRS, the LRB, and imposed by law, every citizen shall have the right the Directorate of Registration (DR). Their main to acquire, hold, transfer or otherwise dispose of responsibilities are broadly defined as follows property, and no property shall be compulsorily (Table 3.1): Table 3.1. Land Administration Authorities DLRS LRB DR Creation of land ownership Maintenance of up-to-date land Registration of all land transfers records—mauza maps and khatians ownership records and facilitation of the updating of land ownership records The DLRS and LRB operate under the MoL and tribunals—were introduced in SATA 1950 in the DR operates under the Ministry of Law and 200430 to address the grievances of owners after Parliamentary Division of the Ministry of Law, the final publication of land records (Sections Justice and Parliamentary Affairs. While the 145A-145I of SATA 1950). DLRS deals with the creation of land ownership records, the LRB is tasked with updating those BTA 1885 introduced the process of documenting records based on natural and executed transfers microlevel land information by employing mauza of ownership of property. The DR is mandated to maps and khatians, and the process continues handle the registration of all ownership transfers to the present day through SATA 1950. The between parties. subordinate legislation developed through rules (Tenancy Rules 1954-55), manuals (Survey and Settlement Manual 1935), and technical 3.3. Functions of the Land instructions (Technical Instructions for Revisional Administration Departments _____ Settlement 1933 or Technical Rules and Instructions for the Settlement Department 1957) 3.3.1. Directorate of Land Record and Survey are primarily based on the provisions of BTA 1885. These laws and regulations provide a framework The DLRS is responsible for the periodic revision and guide the activities of the DLRS. of land records, and several laws guide its activities. The department often issues General BTA 1885 was passed to regulate the relationship Instructions to aid its functions and ensure the between zamindars and tenants. The act also smooth implementation of its responsibilities and aided in defining the principles for fixing the interventions. A critical operation performed by apportionment of the revenue from each parcel of the DLRS is to create ownership records. Rule land between them. From the 1950s onward, there 296 of the Survey and Settlement Manual 1935 was no superior interest in the land above tenants, mandates that the time to prepare or update land and from 1991 onward, tenants were no longer records is five years. Two adjudication forums— required to pay land revenue for agricultural land land survey tribunals and land survey appellate of up to 25 standard bigha. From 1994 onward, Bangladesh Land Acquisition Diagnostic Review: 134 Legal and Institutional Framework, Procedures and Practices Appendix-b new provisions on agrarian land were added, 45 days to 28 days, and to seven days for special for example, a ceiling on ownership, a restriction cases (nationally-important industries, export- on subletting, and a limitation on mortgages. oriented industries, and foreign investors).31 However, these new provisions have yet to be reflected in the primary activities of the DLRS. The Land offices at the district, upazila, and union DLRS has sporadically introduced some stopgap levels carry out transaction-based updates to arrangements through General Instructions land information and the LRB supervises them. to tackle shortcomings and the lack of precise This was a new role that emerged from the guidance. These limitations have slowed the pace abolition of the zamindari system in 1950. Before of progress, leading to lengthy delays (30-40 1950, the local land office of the zamindars, years) between periodic updates to land records known as the Tehsil/Kutchary, performed the by the DLRS. transactional updates. Now Section 89 along with Section 143C of SATA 1950 detail the provisions There was no initiative to update and upgrade for transactional updates by offices under the the rules of 1954-55. The manual of 1935 and LRB. Archiving of information related to updates technical instructions of 1933 and 1957 were is done following the Records Manual 1943. The never revised to reflect the new socioeconomic manual has never been revised or updated. Sub- reality and legal landscape following the partition Registrars used to notify landlords under Section of the subcontinent and abolition of the zamindari 26C of BTA 1885. This provision for notice of system. All periodic updates under SATA 1950 by transfer appeared for the first time in 1928 and the DLRS have failed to meet the expectations was later amended in 1938. Under RA 1908, Sub- of landowners, the government, and the courts Registrars were required to inform the landlord of law, and therefore remain questionable. (before 1950) or revenue officer (after 1950) of Ownership determination under LA proceedings such transfer. There was no requirement for suffers in consequence. One significant change coordination or cross-checking between the land that is proposed by this study is to upgrade the office and the Sub-Registrar until TPA 1882 and status of the land information published by the RA 1908 were amended in 2004, and Section DLRS from “presumptive” to “authoritative.” 143C was inserted into SATA 1950 in 2006. These legal changes necessitated changes in the Land 3.3.2. Land Reform Board Management Manual 1990 and the Registration Manual 2014—although they have yet to be The LRB leads and supervises the land offices updated. The LA office under the acquiring body established at the divisional, district, upazila, (AB) also depends on the land offices under the and union levels. The divisional and district land LRB for land information in LA proceedings. The offices perform supervisory functions and act as LA process suffers due to the above-noted gaps the appellate or revisional authority against the and inconsistencies. decisions of subordinate land offices. The UZLOs and ULOs are responsible for updating land 3.3.3. Directorate of Registration records following new acquisitions, successions, transfers of title, or changes by operation of the The DR is responsible for the registration of law. Sections 143, 143B, and 143C of SATA 1950 documents and property transfers under RA provide for the maintenance and updating of 1908. The first registrar’s office was established khatians. The detailed procedure for updating in 1793 at Dhaka. The present structure began records is provided in the Tenancy Rules 1955 under RA1908. Detailed procedures and formats (Rule 22-26) and the Land Management Manual were laid down in rules framed under the act, 1990 (Chapter 15, paragraphs 309-319 and 321- the latest being the Registration Rules 2014. 332). A web-based e-mutation portal (known as Rules 20(e), (f), (m)-(p) prescribe the conditions of e-namjari) was launched in 2017, and nationwide admissibility of a document. The DR is mandated implementation began in July 2019. The objective to support the UZLO to maintain up-to-date land of the web-based service is to reduce the time records. Section 89(1)(a) of SATA 1950 requires required to complete the mutation process from the Sub-Registrar to inform the UZLO of all land Land Administration and Management 135 transfers it registers. Paragraphs 315-318 of the These are valuable legal documents applicable Land Management Manual 1990 laid down the to all landowners to establish their right, title, and detailed procedures to be followed in updating interest over their land until it is proved otherwise. land records upon receipt of a land transfer notice They are prepared from time to time as and when from the office of the Sub-Registrar. their necessity becomes evident. The entries in the khatian are presumed to be correct prima The main obstacle to a coordinated update of facie so long as they are not rebutted in a court land information lies in Rule 42 of the Registration of law. Khatians and mauza maps are preserved Rules 2014. Rule 42 emphatically declares that by the DLRS in the revenue record rooms of DC the registration officer should not be concerned offices, and in the AC (Land) offices at the upazila with the validity of the registered documents headquarters. and shifts the burden to the civil courts. Given the stipulation of Rule 42, the new provisions in 3.4.1. Updating of Khatians TPA 1882 (Section 53C), RA 1908 (Section 22A), and SATA 1950 (Section 143C) introduced from Khatians are updated through either transaction 2004 to 2006 remain unimplemented. Under the or periodic survey-based revisions. The former is present framework, there is a set of operational done by the UZLO and ULO on behalf of the DC interfaces between them. However, each of them and the latter by the DLRS. is basically free to apply them according to its (a) Transaction-Based Updates own practice and choice. There is no authority except the two overseeing ministries or the civil Updating of the khatian is needed when land is courts to ensure implementation of the legal transferred in one of three ways: (1) a sale, gift, mandate between them. Until this is resolved, lease, or exchange is completed under RA 1908, (2) the lack of enforcement of timely updating of ownership changes hands through succession, or land information after a transfer will continue to (3) by operation of the law (abandonment, surplus adversely impact landowners, all branches of land over ceiling, vested to the State, acquisition, land administration, and the LA authorities. or revision following an order of the civil court). 3.4. Record of Rights to Property The DC in the respective jurisdiction is responsible _____ for updating the khatian by correcting clerical The khatian determines the rights over property mistakes and incorporating changes on account in respect of the concerned holding. It is a key of: document in proving ownership of a piece of > The mutation of names as a result of land by one or several co-owners. Khatian is a transfer or inheritance. Persian word and refers to a document used to identify land, prepared through a survey, for the > The subdivision, amalgamation, or purpose of determining possession, ownership, consolidation of holdings. and the assessment of LD tax. In the settlement record, each upazila is divided into smaller plots > New settlement of land or holdings known as mauzas, with an identification number purchased by the GoB. called a mauza number or a JL number. Each > The abatement of rent because of the mauza is divided into smaller plots with a unique abandonment, diluvion, or acquisition of identification number called a plot number. A land. particular owner or several owners may have several plots. A separate Jott (holding) number is Any group of persons acquiring immovable also given by the ULO for payment of the LD tax. property by inheritance are required to amicably effect partition of the property among them, based The khatian and the mauza map are the two on the applicable personal law, after the death principal documents that record, establish, and of the owner. After partition, an instrument of prove ownership of property in Bangladesh. partition is prepared and signed by the concerned Bangladesh Land Acquisition Diagnostic Review: 136 Legal and Institutional Framework, Procedures and Practices Appendix-b parties. That instrument is then registered under appellate tribunal for resolution of their grievances RA 1908. (though as yet, no such appellate tribunal has been established). Upon presentation of the registered instrument of partition by the incumbent current owners, the The Settlement Officer carries out the following AC (Land) (the revenue officer) revises the khatian. tasks during the periodic revision: The AC (Land), upon receipt of the land transfer > Collects the final land records of the notice under Section 89 of SATA 1950, carries out previous survey. three key activities: (1) opens a file for mutation of the khatian, (2) issues a notice to the co-sharers > Conducts a plot-to-plot survey of all land. of the plot for mutation and fixes a date for raising > Draws a map on a P-70 sheet or blueprint objections, and (3) initiates an inquiry on the spot. with the present boundaries of each plot. After reviewing the evidence from the relevant > Renumbers the plots. parties, the AC (Land) passes an order stating the reasons thereof. If no objection is raised within > Enquires about the ownership of each plot and checks the ownership papers. the stipulated period, the revenue officer corrects the khatian accordingly. Upon completion of the > Writes draft khatians (locally known as proceedings by the AC (Land), (1) the relevant khanapuri), and accepts and disposes of any khatian is updated by including or substituting disputes on the boundary and ownership the name of the purchaser, (2) a new khatian is information and gives a copy on the spot to issued or the existing khatian is revised, and (3) the the owner (locally understood as bujarat). payment of fees and taxes is updated. However, > Has a revenue officer attest to the draft in practice, the incumbent owners do not always khatian. pursue official subdivision of the plot, leading to > Publishes the draft land records, inviting any complications in the future. objections, and deals with any objections Section 89(1)(a) of SATA 1950 requires the Sub- received. Registrar to inform the UZLO about all land > Hears any appeals. transfers it registers. Section 143C of SATA 1950 > Conducts a final check of the revised land and paragraph 315-318 of the Land Management records. Manual 1990 articulate detailed procedures to be followed in updating land records upon receipt of > Prints the revised land records. a land transfer notice from the Sub-Registrar’s > Publishes the final land records. office. The new owner, as and when necessary, > Distributes the final published records to will initiate mutation and separation proceedings the DC and others. under Sections 89, 116, 117, or 143 of SATA 1950 before the AC (Land). The new land records are then ready for use, replacing the old land records, which are archived (b) Periodic Updates for future reference. The above updates are based on transactions as The GoB will require that a survey be done: they happen. Updating is also done at regular intervals by the DLRS at the directive of the GoB. > When at least half of the total number of tenants applies for a new survey; or Rules 294 and 296 of the Survey and Settlement Manual 1935 allows one to five years to complete > Where the preparation or revision of a a significant or small settlement operation, after survey is expected to settle or avert a which the DLRS publishes the updated land serious dispute that exists or is likely to records. Landowners that are unhappy with the arise among the landowners; or result may lodge an objection with a land survey tribunal, and per SATA 1950, if they are still not > When land has accreted from the retreat of satisfied, an appeal can be made to a land survey a river or the sea. Land Administration and Management 137 3.4.2. The District Revenue Record Room and abandoned property, record correction for wrong entries and following court orders, Copies of khatians can be collected from the changing the class of land, and permission for the district revenue record room (in the office of the transfer of land under customary rights in CHT. DC) following the procedure of the Bengal Record Manual 1943. All maps and survey records are The most useful services related to private land Class A paper and to be preserved in perpetuity are the digital revenue record room, e-mutation, (Rule 101). After the final publication of the collection of khatian and mauza maps, and record khatians, the printed copies of the land records correction. The MoL received the United Nations (khatians and mauza maps) are handed over to Public Service Award 2020 for the successful the DC by the Settlement Officer for preservation implementation of the e-mutation system. The in the district revenue record room. Maps and above initiatives (national land record services and khatians of all settlement operations from the e-mutations) update the khatian as a standalone period of cadastral survey operations (1888-1940) document. The system delivers only a clean laser- are available. Revisional survey (1940 to present) printed document; the mauza map and the plot and State acquisition survey (1956-62) maps and index are not updated. No measurement is done khatians are also available. Rule 300 ensures that on the ground nor do any plot subdivisions appear copies of khatians are furnished when applied for on the map or on the ground. The paperwork for upon the payment of fees. Updated khatians are mutation assistants and union land assistants available at ULOs and UZLOs, but these offices are has dramatically decreased because of these IT not authorized to provide copies. An application solutions. This is an auspicious start and needs to for certified copies must be made to the DC. The be consolidated further. district revenue record room will obtain copies from the concerned UZLO through the ULO and 3.5. Land Ownership Categories then deliver those to the applicant. This process is _____ cumbersome and time consuming, as the Bengal 3.5.1. Exclusive Ownership Record Manual 1943 did not set out any procedure for the delivery of certified copies from the UZLO Exclusive ownership of land can be proved and ULO. The Land Management Manual 1990 with certainty by (1) tracing an unbroken allows the AC (Land) to issue certified copies chain of ownership transfers and through (2) to applicants of mutation cases and to forward documentation relating to the land, beginning copies to the UZLO and the district revenue record from the first recorded settlement (that is, room. Manual retrieval of updated khatians sent cadastral survey operations) to the current to the district revenue record room is difficult and owners. Land records created by the Settlement time consuming. Officer and updated by the AC (Land), along with deeds registered by the Sub-Registrar form the The GoB started e-services in 2009 to alleviate unbroken chain to prove ownership with certainty. difficulties in collecting land records. The MoL The documents required to prove exclusive hosts a digital land record and service system ownership and claim compensation, and the called “Bhumi Sheba” as an independent online cost and time to obtain them are set out in Table portal (https://land.gov.bd/). Citizens of Bangladesh 3.2. Several issues may arise in determining can access this site for the collection of khatians, ownership, thereby delaying LA. The sections mutation of records, review of mutations, collection below describe the types of challenges that are of certified copies of the mutation, leasing of public likely to cause delays. land and property, land tax payment, allocation of khas lands, leasing and lease renewal of vested Bangladesh Land Acquisition Diagnostic Review: 138 Legal and Institutional Framework, Procedures and Practices Appendix-b Table 3.2. Documentary Evidence in Support of Exclusive Ownership No. Documents Source Cost and Time 1. Applications for compensation LA office BDT 20 court fee. payment and amendment of award, in the prescribed format 2. Notice under Sections 7/8 of ARIPA LA office Free. 2017, on the quantum of compensation 3. Certified copy of State acquisition District revenue BDT 120 for each copy. 3-7 working days revisional survey khatian and record room (WD). cadastral survey khatian (if required) 4. Bujarat/Tasdik khatian (if required) Upazila Free. 3-5 WD. (draft survey khatian attested to by settlement office the revenue officer on site) 5. Copy of deed of partition (if required) Local BDT 500-2,000 for the original deed of Sub-Registrar partition, plus BDT 600-750 for a copy. 3-5 WD. 6. Deed or chain of deeds (if required) Local BDT 600-1,200, including search fees, deed Sub-Registrar writer fees, and incidental costs. 3-5 WD. 7. Mutation khatian (if required) AC (Land) BDT 1,170 for mutation. BDT 120 for a duplicate copy. 45-60 WD. 8. LD tax payment receipt ULO As assessed. Same day. 9. Copy of judgement of civil court (if Relevant civil Up to BDT 100 plus incidental charges. required) court 10. Copy of national identification (NID) Upazila election First copy free. Second and subsequent card office copies, BDT 230-1,000 plus bank charges for electronic payment. Same day. 11. Birth certificate (if required) Union Council As per the fee prescribed. Visit: http:// prottoyon.gov.bd/en. 12. Citizenship certificate Union Council Small fee. 13. Certificate of inheritance Union Council BDT 200. Some provide for free. No fixed time. Visit http://prottoyon.gov.bd/en. 14. One color passport-sized photo Applicant Lump sum of BDT 100. 15. Indemnity bond Applicant On BDT 300 stamped paper. Support of Stamp Vendor necessary. 16. One color passport-sized photo and Applicant Lump sum of BDT 100. copy of NID card of each person authorizing the applicant to act on their behalf or according to a no- objection to the claim. Source: World Bank, analysis by the study team. Land Administration and Management 139 3.5.2. Incomplete Ownership > A dispute as to the boundary of the property. The circumstances leading to incomplete ownership result from the following situations: > Lack of adequate documentation to confirm the quantity and physical features of the > Incomplete documentation of title—broken property. chain of ownership. > Inaccurate or poorly drafted transfer or > Land records in the name of a distant partition documents. predecessor-in-interest. > Transfer to strangers without proper notice > The absence of a name in the latest to co-sharers by inheritance. khatian, or of the predecessor’s name in the > Joint ownership of an informally subdivided immediately prior khatian. plot. > LD tax in arrears for more than three years. > Dispossession of property under dispute > Disputed possession. under Section 145 of the Code of Criminal > A mismatch between the schedule of Procedure 1898. property and the mauza map and khatian. > Alleged extinguishment of a title under the > The existence of a prior registered deed in Limitation Act. favor of another person. > Extinguishment of ownership through an > The incapacity or minority of the owner. auction or by operation of law. > The existence of a life estate in the land. > Land grabbing. > A forged deed. > Forged ownership documents. > A mismatch of the identity of the buyer and/ > Errors made by the land offices (AC (Land) or seller between the NID card and the or Sub-Registrar). khatian. > A claim of adverse possession. > An ongoing civil suit. > A mortgage on the property. 3.5.4. Other Ownership > A dispute with adjacent owners. There are other forms of ownership that sometimes make the ownership verification 3.5.3. Contested Ownership process challenging. Table 3.3 provides some Contested ownership may arise from personal, examples. legal, or technical issues, and they include: Table 3.3. Other Forms of Property Holdings No. Property Holding Description 1. Co-ownership Joint ownership by members of the same family or acquired together by more than one person without partition. Sections 44, 45, and 47 of TPA 1882 guide transfers, either individually or jointly by co-owners. The AB faces challenges when such property is acquired, as ownership determination poses a serious problem. 2. Waqf Property dedicated to the cause of Islam (waqf-e-lillah) or welfare of the family (waqf-al-awlad) under the Waqfs Ordinance 1962. 3. Debutter properties Property dedicated to religious work regulated by the applicable Hindu law. Bangladesh Land Acquisition Diagnostic Review: 140 Legal and Institutional Framework, Procedures and Practices Appendix-b 4. Trust properties Property dedicated to the welfare of the people and regulated by the Trust Act 1882. 5. Vested properties Properties vested in the State and regulated under the Vested Property Restoration Act 2001. 6. Abandoned properties Properties vested in the State and regulated under President’s Order Number 16 of 1972. 7. Easements The right of one owner over land belonging to another, which is regulated by the Easement Act 1882. Source: World Bank, analysis by the study team of the applicable land-related laws in Bangladesh. 3.6. Difficulties in Updating Khatians 3.6.3. Directorate of Registration _____ The provision for notification under Section 89 3.6.1. Directorate of Land Record and Survey of SATA 1950 is problematic and is considered to be unimplementable. Rule 42 of the Registration According to DLRS respondents, approximately Rules 2014 still provides: “[The] Registering officer 20-40 years is needed to complete one cycle of is not concerned with the validity of documents. settlement operations instead of the mandated 42.(1) Registering officers … are in no way five years. The long delay in the revision of concerned with the validity of document…These… land records adversely impacts ownership matters are for the decision, if necessary, by determination. competent courts of law, and registering officers, as such, have nothing to do with them.” 3.6.2. Land Reform Board Field Offices Because of the complex rules, the recording of Information regarding measurements, the schedule of property in the deed of transfer coordinates, and the present possessor are is carried out without any reference to the khatian not included while developing the schedule of and map maintained in the settlement office and property. Moreover, the feasibility report and joint UZLO. Sub-Registrars are under no obligation list in LA proceedings do not always complement to verify the ownership rights of the seller or each other, and variations between them are not transferor. As a result, the AC (Land) cannot currently verified by an independent third party verify the ownership rights upon receiving a land (a recognized survey consultant or legal expert). transfer notice. The above provision also defeats In the absence of independently verifiable and the purpose of amendments made in 2004 proven signs of possession in the feasibility through the insertion of Sections 53B-53E in TPA report and joint list, ownership decisions and thus 1882. The restrictions imposed on the transfer compensation payments get delayed. of agricultural land under SATA 1950 cannot be acted upon for the same reason. Notes ................................ 1 The provision for land survey tribunals and land survey appellate tribunals was inserted by the addition of Section 2 of the State Acquisition and Tenancy (Amendment) Act 2004. However, the appellate tribunals have yet to be constituted. 2 MoL Field Administration-1, Circular No. 31.00.0000.046.68.017.16.53, dated January 23, 2020; and MoL Circular No. 31.00.0000.046.68.017.16.108 dated February 11, 2019. Land Administration and Management 141 Bangladesh Land Acquisition Diagnostic Review: 142 Legal and Institutional Framework, Procedures and Practices Chapter 4 Land Acquisition Process and Practices The GoB’s planning procedures and rules require the CROW drawing, and identifies the land that governmental, quasi-governmental, and proposed for acquisition by superimposing it on autonomous organizations prepare DPPs for their the relevant mauza maps. The RB then prepares development projects, including those requiring the LA proposal following the guidelines issued the acquisition or requisition of land (private, by the MoL. The IPA Manual 1997 is consulted as cooperative, or State owned). Such organization required. The key activities involved in preparing will send the DPP to its respective ministry, the LA proposal are discussed in the subsections which examines it and forwards it to the Planning below. Commission for final approval. The DPP is further examined by the Planning Commission and 4.1.1. Identification of Intercepted Mauzas and recommended for final approval by the Minister Collection of Mauza Maps for Planning if the total cost of the DPP is BDT 500 million or less, or by the Executive Committee of The land survey team for the feasibility study or the National Economic Council if the cost exceeds the team preparing the detailed designs identifies that amount. Once the DPP is approved, the the mauzas that the CROW is likely to intercept controlling ministry of the concerned organization by reviewing the project location and alignment will circulate administrative orders to start with the upazila maps, which show the mauza implementation of the project. If LA is included boundaries and have longitudinal and latitudinal in the approved DPP, a separate administrative markings (the mauza maps do not, they contain approval is issued from the controlling ministry in only plot boundaries and plot numbers). All favor of the LA. The organization then proposes the mauzas have their own boundaries and unique acquisition of land by submitting an LA proposal to JL numbers. Upazila maps can be procured from the DC of the location of the acquisition under the the DLRS or the concerned district revenue record project (the district jurisdiction). room. Maps of the intercepted mauzas are then procured from the local DC office or from the 4.1. Preparation of the Land DLRS office in Dhaka. Acquisition Proposal _____ Intercepted mauzas can also be identified through field visits. The land survey and design teams An LA proposal is prepared by the RB for the physically locate the site or alignment following land-based infrastructure to be constructed in the design that was prepared based on the the project area. The finalized engineering design preliminary site or route alignment. The land delineates the construction right of way (CROW), survey team then traces the CROW manually which in most cases is taken up at the beginning by visiting the site. Any changes are noted and of project implementation, when tenders for civil incorporated into the design. This process requires works are ready to be published. The design discussion and agreement with the engineering consultant carries out a land survey following design team beforehand. 143 4.1.2. Digitization and Georeferencing of Mauza (the book of khatians in a mauza) kept by the Maps AC (Land) or local UZLO and note down the respective khatian numbers. They submit a The mauza maps are scanned with a high- requisition to the district revenue record room resolution scanner and all mauza and plot for a paper copy of those khatians. boundaries within the project area are digitized. The maps are then referenced with geographical > Digital process. The GoB recently digitized longitudes and latitudes. This coordinate land records and uploaded them to the information can be obtained from the DLRS websites of the DC offices and the DLRS office. office. Anyone can access the desired khatian using the plot number and some other particulars, Coordinates of landmarks that appear on the maps and then receive the khatian number, owners’ and are also present physically are then measured names, and category of land. Currently this through field surveys. These landmarks may be is available only in certain districts, although the sharp turning of a road, or an old building. digitization is being expanded across the Geographical coordinates may be measured with country. a total station machine, a DGPS machine, or any other high-resolution GPS device. 4.1.4. Administrative Approval from the The measured coordinates of the landmarks Controlling Ministry are then superimposed on the corresponding Administrative approval for the LA, specifying coordinates on the scanned map to achieve the the particulars of the land, is required from the transformation required to align the map with controlling ministry of the RB for public sector the physical world. At least four common points, projects. preferably in the four corners of the mauza, are required for this purpose. After superimposing 4.1.5. Undertaking for Certain Matters coordinates of three points and transforming, the fourth point is used to check the accuracy. The RB is required to provide an undertaking that the project will rehabilitate homestead losers, The coordinate system generally used is religious institutions, and educational institutions, Universal Transverse Mercator. The procedure is if affected. To minimize the acquisition of productive time consuming and generally takes one to three land, a requirement for a certificate was added in months to complete, depending on the size of the 2019 to avoid taking double- or triple-cropped project. Although it would appear that engaging agricultural land as well as to adopt vertical outside consultants with required expertise for extension instead of horizontal extension. In a this task would expedite the process, it would still land scarce country like Bangladesh, this is close require a long lead time to complete. to impossible to comply with. If the DLRS office was able to supply the coordinates of the transverse points (appearing 4.1.6. Updating the List of Landowners in the mauza maps) then georeferencing could be The RB is required to submit with the LA proposal more accurate. an updated list of owners (in both hard and soft copy) that contains the names of the owners taken 4.1.3. Collection of Land Ownership Records from the latest records published by the DLRS. The ownership records of the identified plots are As part of the LA proposal, the RB completes the then collected from the district revenue record first four columns of the Cha Form (provided with room or from the AC (Land) office. This can be the ARIPA Circular). The DC sends the Cha Form done in two ways: to the local land office to update that record. The remaining columns are completed by the DC office > Manual process. The surveyors consult the with information from the AC (Land). plot-khatian index of the “mauza-volume” Bangladesh Land Acquisition Diagnostic Review: 144 Legal and Institutional Framework, Procedures and Practices Appendix-b 4.1.7. Environmental Clearance 4.1.10. Additional Undertaking of the RB The LA proposal requires a clearance certificate The RB has to provide an undertaking that the from the Department of Environment, which quantity of land proposed to be acquisitioned is examines whether the project implementation the minimum required, and if the acquired land will cause any adverse environmental impacts. is found to be in excess of the requirement, it This certificate, a prerequisite for initiating an LA will surrender the excess to the GoB. The RB proposal, takes a long time to obtain and some must further undertake that if a body having RBs find this troublesome. jurisdiction in the matter orders a higher compensation amount than presented in the LA 4.1.8. Clearance from the Local Town proposal, it will pay the additional amount after Development Authority the order is made. An additional clearance from the local town The DC office, after receiving the LA proposal, first development authority, such as RAJUK, KDA, CDA, consults the plot index that is included, which or RDA, is required if the project falls within any of contains the plot number, plot area, area proposed their jurisdictions. for acquisition, whether an entire plot or a part of it falls within the intercept, the khatian number, and 4.1.9. Video Record the classification of land. It also checks if the plot was previously acquired. Sometimes the DC office A video record of the project area is prepared— sends the LA proposal back to the RB citing minor usually jointly by the DC and RB—on two issues, delaying the LA. An approved plot index occasions: one before and the other after format that all parties must adhere to can remedy submission of the LA proposal. The RB submits the this. Such a format is provided below: first one with the LA proposal. A prescribed form (the Uyo Form as provided in the ARIPA Circular) has to be filled in when sending the second video, with the plot number of the respective plot. Plot Index Implementing Agency: …………………….....................................………………. Name of Project: …………………………….............................................…………….. Mauza: JL. No. Thana/Upazila: District: ………….......... Date: …….................... Serial Sheet Plot Total Total Proposed Partial Khatian Land Re- No. No. No. Area Already Land for or Full Number Class marks (Acres) Acquired Acquisition (if any) (Acres) (Acres) 1 2 3 4 5 6 7 8 9 10 ------------------------- Project Director Land Acquisition Process and Practices 145 4.2. Legal Approach of Land LA procedures are the same irrespective of the Acquisition by Type of category of ownership except for land belonging Ownership to public institutions and forest land. LA proposals _____ for khas land are processed in the same manner as for private land. All other land, such as vested The LA section of the DC office scrutinizes the LA property, diluvion land, cooperative land, and waqf proposal after receiving it from the RB and carries land, is included in the proposal. Vested property out an onsite feasibility assessment. It brings is recorded in khatian number 1 in the name of the the LA proposal and the feasibility report before DC and classified as government land. This type the District Land Allocation Committee (DLAC) of land can be included in the proposal, but the or Central Land Allocation Committee (CLAC) for cost is deducted by the DC and deposited in the approval. Upon receiving approval, the DC opens GoB’s Public Account. Diluvion land, if classified an LA case, assigns it a case number, and issues as river, canal, or sea, is barred from acquisition; the first notice to the PIs as listed in the Cha Form. if it is recorded in the name of the original owner There might be many types of land classified by and classified as “nal” (single-cropped agricultural ownership, such as private land, vested property, land), then it is treated as private land. If the land forest land, waqf land, and eroded land. The is cooperative land and is recorded in the name of respective laws applicable to the acquisition of a registered cooperative society, then it is treated land by ownership are: as private land. > Private agricultural land (homestead, commercial, and industrial land): ARIPA 2017 4.2.1. Private Land (Agricultural, Homestead, > Private land eroded into the sea/river: ARIPA 2017; Commercial) SATA 1950; Alluvion Diluvion Regulation 1825 After initiating the LA case, the DC issues a notice > Restriction on acquisition of certain categories to the affected persons. Objections, if any, raised of land: ARIPA 2017 against the acquisition are heard and disposed of > Public institutional land: IPA Manual 1997, by the higher authorities (the DivC or the MoL). paragraph 75 Such authority stops the entire acquisition or part > Khas land: ARIPA 2017; IPA Manual 1997, of it, as appropriate, if the objection is sustained, paragraph 7 otherwise the acquisition proceeds. The DC visits the site and records details of the property and > Reserved and protected forests: Forest Act assesses the cost. At the same time, the affected 1927; IPA Manual 1997, paragraph 75 persons are asked to prove their ownership > Vested property: ARIPA 2017; the Enemy Property interest. After holding a hearing on ownership (Custody and Registration) Order of 1965 with the affected persons, the DC prepares a list > Waqf land and debutter property: ARIPA 2017; of awardees and an estimate of the award. The the Waqfs Ordinance 1962 (East Pakistan DC pays compensation to the awardees after Ordinance) receiving money from the RB, takes over the land, > Land in rivers and canals, char land and hands it over to the RB. (small islands that form in a river through accretion), and new land: Restricted by 4.2.2. Private Land Eroded into the River/Sea an MoL checklist of 2019 vide memo no. 31.00.0000.047.68.001.19-345(72) dated The owner of land eroded or diluviated into a river October 16, 2019 or the sea gets an abatement of rent after applying to or informing the local land officer or revenue > Land in CHT: CHTR 1958; ARIPA 2017 officer (Section 86(1) of SATA 1950). This is treated > Abandoned property: Bangladesh Abandoned as proof of title if land reappears on the same site. Property (Control, Management and Disposal) The original owner’s title, rights, and interests Order, 1972; ARIPA 2017 in the property subsist for 30 years during the > Cooperative land: ARIPA 2017. period of diluviation (Section 86(2) of SATA 1950). Bangladesh Land Acquisition Diagnostic Review: 146 Legal and Institutional Framework, Procedures and Practices Appendix-b This also applies if land is diluviated after issuance determined from the owners’ records, an estimate of the first notice of acquisition. is prepared, and compensation is distributed. In practice, this provision effectively ceased after Under the Padma Multipurpose Bridge Project, rent was exempted for agricultural land up to 25 land in a stable char (alluvion land)—partially standard bigha. Owners of such land now have attached to the mainland—was acquired. The land to collect an exemption certificate by paying a was never recorded as river after diluvion and nominal LD tax of BDT 10 per year. Owners who the local revenue office continued tax collection, lose land continue to pay tax as if the land still recognizing the eroded land as private land as nal existed, to take advantage of the possibility that land rather than as char. The DC was not in favor the land might reappear after 30 years. of acquiring the land but later accepted it since the landowners were able to produce an updated Acquisition of this type of land follows the khatian and there was collective pressure from procedure for private land. Preliminary notice the community. This is an example where eroded is issued to the owners of land so eroded and land was acquired compensating the original any objections are heard. The awardees are owners (see Box 4.1). Box 4.1. Acquisition of Char Land for the Padma Multipurpose Bridge Project The Padma Multipurpose Bridge Project acquired 500 hectares of eroded land for depositing dredged material from the River Training component of the project. This land had remained underwater during the rainy season and became char in the dry season during the past 30 years or more. The diluviated area was recorded under the revisional survey (updating the cadastral survey of the 1930s). Though the land diluviated more than 30 years ago, the local land office continued collecting tax, ignoring its physical condition. The survey department, in connivance with the original owners or their successors-in- interest, recorded the land as nal (single-cropped agriculture land) in the 1980s instead of as “river” or “char,” and recorded their names as owners in place of the GoB—using the rent receipts or exemption certificates. In this way, all char land of the Padma river near the bridge location became private land. The bridge authority ignored the physical condition of the land to avoid confrontation with the local owners and used the current and revised Bangladesh Survey records (revisional survey of independent Bangladesh), which were published by the Land Settlement Department under the DLRS, to prepare the LA proposal. The DC accepted the LA proposal without the required investigation, assessed a nominal price in consultation with the RB, and completed the LA. Source: Bangladesh Bridge Authority, Office of the Project Director, Padma Multipurpose Bridge Project. 4.2.3. Public Institutional Land The administrative ministry of the transferor department will seek an opinion from the Land owned by a public institution and falling department as to whether the land could be within the CROW will be acquired following the handed over. The DC will examine the LA case IPA Manual of 1997 and not ARIPA 2017. The RB under which the land was acquired before. The prepares the LA proposal in the same manner as MoL will approve the transfer after receiving a for private land and submits it for approval to the favorable opinion from the transferor department MoL. The MoL sends a copy of the LA proposal and required information from the DC. It will to the respective DC to check if it was acquired request the DC to assess the cost of the land earlier by the transferor department and sends and property as is customary for LA cases. The another copy to the administrative ministry of the DC will initiate an LA case titled “hastantarito” department from whom the land is to be acquired. (transferred) and assign a case number. The RB Land Acquisition Process and Practices 147 will be requested to deposit the estimated cost obtain a piece of land belonging to the Kamalapur with the MoL which, after receiving the money, Railway Station from the Railway Department. will pay the transferor department the cost it paid The matter has been referred to the PMO and is when it originally acquired the land and will retain awaiting resolution. any surplus in its own account. The DC then hands over the land to the RB. There is currently no time limit for the transferor department to give its response. Therefore, the RB In practice, the transferor department often claims and its administrative ministry should immediately that it might require the land in future. This delays start negotiations with the transferor department. acquisition and prevents the RB from handing Establishing a time frame (see a proposed time over land to the construction contractor. This is frame in Table 4.1) may therefore help expedite the case with a project in Dhaka City where the LAs. Bangladesh Bridge Authority is struggling to Table 4.1. Proposed Time Frame to Complete Acquisition of Public Land Activity Responsibility No. of Days Allocated The RB prepares the LA proposal and submits it to the MoL. RB 0 The MoL forwards a copy of the LA proposal to the MoL respective DC for verification. 15 At the same time, the MoL forwards another copy of the LA MoL proposal to the ministry from which land is requested. The DC examines the LA case under which the land was Concerned DC acquired by the transferor department. 15 The transferor ministry seeks an opinion from the Transferor ministry department that owns the land. The transferor department sends its opinion to its Transferor department 30 administrative ministry. The MoL approves the land transfer upon receiving a MoL 15 positive response from the transferor department and required information from the DC. The MoL advises the DC to prepare a price estimate of the MoL 15 land at the current market rate and to open an LA case. With the estimate made, the DC opens an LA case titled DC 60 “hastantarito.” The DC requisitions the estimated amount from the RB. DC 15 The MoL receives the money and pays the transferor RB, MoL, and DC 15 department the cost of its earlier acquisition and retains the surplus. The DC then hands over the requested land to the RB. DC and RB 15 Total duration 195 days (6.5 months) Source: World Bank, analysis by the study team. Bangladesh Land Acquisition Diagnostic Review: 148 Legal and Institutional Framework, Procedures and Practices Appendix-b 4.2.4. Khas Land to prepare a list of non-Muslim properties, but it was not prepared correctly. They listed any The word “Khas” is an Arabic word that means property whose owners had Hindu-sounding special, and khas land of the GoB denotes special names as enemy property without verifying if the land exclusively owned by it. This land is listed owner had left Bangladesh. Many Hindu families under the name of the DC on behalf of the GoB returned to Bangladesh after its independence and recorded under khatian number 1. Any khas in 1971 and claimed that they had not left land falling within the CROW is acquired in the Bangladesh, but their property was listed as same manner as private land, as described in vested. The DC either leases out these properties paragraph 7 of the IPA Manual 1997. The cost or recommends their release from the list if a of the land is assessed like private land and the further census proves that they were incorrectly compensation money is deposited with the MoL. listed. There has not been much progress on The DC then hands over the land to the RB. releasing such properties to date. However, if all the land to be acquired belongs to the khas classification, it is handed over to the Compensation for vested property recorded RB directly, following the khas land allocation in the name of the DC goes to the account of procedure (Table 4.1) involving the concerned DC the DC. The name of any occupier is noted and the MoL. in the Remarks column of the record book. Occupiers usually manage, reconstruct, or 4.2.5. Reserved and Protected Forests build structures on the land and live there, but do not get any compensation for the land, The Forest Act 1927 prohibits hunting, grazing, although they can claim compensation for the etc. in reserved forests unless specific orders are structures thereon. issued. Rights to activities like hunting and grazing for communities living on the fringes of a forest 4.2.7. Waqf and Debutter Land and sustaining their livelihood partially or wholly from its resources or products are protected Any property that has been gifted in the name of when the GoB declares it to be “protected forest.” Allah is called Waqf property. Religious institutions Acquisitions of land in these areas are handled like mosques, madrashas, or graveyards are differently from the way private land is processed. maintained with income from such property. A The RB prepares the LA proposal in a similar mutawalli,32 on behalf of the “waqif” (the person manner as when land is transferred from a public making the gift), manages the property. An institution, and sends it directly to the Ministry Administrator oversees the management of the of Environment, Forest and Climate Change for waqf estates on behalf of the GoB under the Waqf negotiation. The ministry in turn sends it to the (Properties Transfer & Development) Special Act Forest Department and then they and the RB 2013. begin negotiations for obtaining the land. The RB may refer the matter to the PMO if negotiations If any waqf property is acquired and listed with fail. the Administrator, then the compensation money is paid to the management committee of the 4.2.6. Vested Property property through the Administrator. If the property is not listed, then the money is paid directly to Property owned by non-Muslims who left the mutawalli. However, an unlisted property is Bangladesh during or after the India Pakistan required to be recorded in the name of the waqf War of 1965 was termed as “enemy property.” estate. If any mosque or graveyard is recorded This term was revised in 1972 to “vested as private land, then the money is paid directly property.” A census was conducted from 1966 to to the private owner. The difficulties of paying 1971 requiring Tehsildars (land officers heading compensation for waqf property are illustrated in the ULOs (known as Tehsil offices at that time) Box 4.2. Land Acquisition Process and Practices 149 Box 4.2. Complexity of the Payment of Compensation for Waqf Property Dilu Bepari Mosque is a well-known mosque at Mogbazar Rail Gate in Dhaka City. The Dhaka Elevated Expressway PPP Project affected a small part of the mosque and the land (an area of 0.002 acres) on which it stands. The DC took into account the cost of the entire structure while assessing compensation—as is customary in the case of structures—and the amount came to BDT 3.16 crore (31.6 million). The Bangladesh Bridge Authority, the RB, requested that the DC pay the compensation as soon as possible. The DC determined that the compensation for the mosque would be paid through the Waqf Administrator. Initially, the RB disagreed with this approach but later accepted that the compensation money would be paid to the Dilu Bepari Mosque Committee through the Waqf Administrator. The Dilu Bepari Mosque Committee submitted its compensation claim to the DC through the Waqf Administrator. It updated the rent receipt in its own name and was listed with the Waqf Administrator. The order to make payment was passed about six months after the claim was produced. The LAO, who was the check issuing officer, argued that the payment advice should be issued in the name of the mosque committee, thereby contradicting the decision of the DC. The position of the committee is that the check should be issued in favor of the mutawalli. Another six months have passed since then and the check has yet to be issued. Source: Bangladesh Bridge Authority, Office of the Project Director, Dhaka Elevated Expressway PPP Project, Dhaka. In accordance with the applicable law, property diluvion land, and leasing out the alluvion land absolutely dedicated to a Hindu religious or (char) on a yearly basis to local farmers. However, charitable purpose is called debutter property. local officials usually do not follow this regularly. Debutter literally means belonging to a deity, and essentially, dedicated to God. A Shebait is The DC leases out new char land to landless the person who serves the deity, consecrated farmers permanently when it is ready for in the temple as a Devata. Debutter land can be human settlement. Prior to that, the Survey and acquired, in which case compensation is paid to Settlement Department carries out a cadastral the management committee through the Shebait if survey at the request of the DC and records the the land is recorded as such. Compensation is paid land in the names of the leaseholders, giving them to private individuals if the land is not recorded as legal ownership. debutter or is categorized as other than temple or Acquisition of new char land follows the acquisition cremation grounds. process for khas land as long as it remains khas, and once farmers settle on it permanently, the 4.2.8. Land in Rivers and Canals, Char Land, and acquisition process for private land is followed. New Land It is not permissible to add land gained by accretion 4.2.9. Land Acquisition in CHT to an adjoining holding or tenancy; instead, it vests The legal framework to acquire land in CHT is in the GoB and is at its disposal. CHTR 1958, as well as ARIPA 2017. There has There is a provision in the Alluvion Diluvion not yet been any rule or circular framed for Regulation 1825 for drawing an alluvion and implementing CHTA 2019 and ARIPA 2017. ABs of diluvion line every year after the monsoon when CHT usually use the ARIPA Circular and follow the waters recede, recording the changed lands in provisions of ARIPA 2017. They serve preliminary the Register, stopping the acceptance of rent on notices to the owners whose names appear in the Bangladesh Land Acquisition Diagnostic Review: 150 Legal and Institutional Framework, Procedures and Practices Appendix-b Jama-Bandi Register (the tax register). It is not purposes or the public interest, it can be acquired, necessary to serve notices in all cases. but only after relocating and rebuilding the facility at the expense of the RB (Section 4(13), ARIPA 2017). The Headman collects land rent and deposits it with the Circle Chief, who then deposits it with the DC The GoB also directed, through a circular in 2019 according to an agreed share. The DC recognizes called the “Checklist of 2019” that double- and only those owners whose names appear in the triple-cropped land is excluded from acquisition. Jama-Bandi Register but not the traditional rights The GoB has also barred rivers, canals, hills, and holders in relation to compensation payment. “tilla” (hillocks) from acquisition. Land that is not recorded in the register is termed as khas land, for which compensation is deposited 4.4. Key Steps in the Land into the DC’s account. The CHT Affairs Ministry Acquisition Process _____ issues circulars with respect to individual projects, requiring the land to be termed “communal land” 4.4.1. Opening of the Land Acquisition Case and compensation to be paid to traditional rights For land located outside the jurisdiction of the holders. The DC acts accordingly. CLAC, the RB submits the LA proposal to the DC. The DC receives the LA proposal, scrutinizes it, 4.2.10. Abandoned Property and sends it to the DLAC for review and approval. Many non-Bangla-speaking residents left For land under the jurisdiction of the CLAC, the Bangladesh after its independence in 1971, RB submits the LA proposal to the MoL. The MoL briefly examines it and sends it to the respective abandoning their property. The GoB promulgated DC for a feasibility assessment. On receiving a the Bangladesh Abandoned Property (Control, favorable feasibility report, the MoL asks the DC Management and Disposal) Order to take over to process the LA proposal. those properties. The GoB first leased out those properties and later sold them at auction. The DC reviews the LA proposal with all other documents as specified in relevant MoL circulars Some of those properties were recorded in the and opens an LA case. The DC office examines name of the GoB and others were recorded in the the plot index and land records to determine the names of the individuals who purchased them at area of each plot, class of land, if the entire plot or auction. With regard to claiming compensation, part of it will be acquisitioned, whether any part if the necessary formalities were completed to of the plot was acquired before, and other related update the khatian, and the land is recorded in the matters. On finding everything in order, the DC name of the purchaser at auction, then that person office will proceed to a feasibility assessment; will be the awardee, otherwise the compensation otherwise it is returned unofficially—to save money is deposited into the GoB’s account. time—to the RB for rectification. 4.2.11. Cooperative Property The ADC (Revenue/LA), in conjunction with the local UNO and the RB, conducts the feasibility assessment. Land belonging to cooperatives is private land and This includes determining whether the acquisition is acquisitions are processed as such. If the ownership likely to create unrest among the locals; if the land is recorded in the name of the cooperative society is the minimum required; if there is any graveyard, then the society receives compensation, otherwise mosque, temple, or crematorium and if so, whether the individual owners do. the LA proposal contains any rehabilitation program; if there were any unauthorized structures erected with a motive to extract excessive compensation; 4.3. Restrictions on the Acquisition and other related matters. of Land _____ The ADC or DC is required to forward the report Generally, any land used for religious worship, to the DLAC or CLAC (as applicable) within 21 days graveyards, or crematoriums cannot be acquired. of accepting the LA proposal. This is not always However, if the land is critically essential for public adhered to and no higher authority enforces it. Land Acquisition Process and Practices 151 4.4.2. Local Approval of the LA proposal by the has changed, such as from agricultural land to DLAC or CLAC homestead land, such change is also recorded. A sample form for changing the recorded class The DLAC or CLAC examines: of land during acquisition is shown in Annex A. The JVFB is signed by the representatives of the > That all required documents and information RB and AB and by the owner-in-possession who have been furnished. might be present at the site. The JVFB forms the > That the land required is the minimum basis of the future assessment of valuation by necessary for the project. the PWD and the Forest Department. The Gha > That the RB will arrange resettlement of Form provided in the ARIPA Circular is used to prepare the JVFB. If any structures were built or those who may be displaced from their trees planted or the classification of land changed homesteads or businesses. in order to obtain undue compensation then the > That the DC favorably recommended the LA team records those as illegal and the DC may proposal. refuse compensation for them. The local land > Any other relevant matters. office announces on its notice board that the JVFB is available for inspection. A landowner who has a The CLAC/DLAC approves the LA proposal after it grievance regarding the preliminary edition of the is satisfied on these points. JVFB can file an appeal to the higher authorities within seven days of publication of the notice. 4.4.3. First Notice of Acquisition under Section 4 The laws, circulars, and manuals do not indicate The DC then opens a numbered LA case based on any time limit for completion of the joint verification. the LA proposal, and issues notice to those who In the Dhaka Elevated Expressway PPP Project in will be affected to present any objections that Dhaka City, the JVFB for acquiring 3.5 acres of land they might have. This notice, known as a Section took almost six months to complete. Downtown 4 notice, is circulated at the project site and to the Dhaka has many high-rise structures that take a local land office. long time to measure. The surveyors of the AB and staff of the RB carried out the work. A technical The notice to be issued under Section 4 of ARIPA department like the PWD would have done a 2017 is prepared in the Ka Form provided in the better job. The PWD is not invited to join in the ARIPA Circular. This form also states when the preparation of the JVFB because neither the laws, JVFB preparation will start, and requests the manuals, or circulars provide for it. For the same landowners to be present at that time, update reason, Forest Department personnel are not their records, and pay the rent due so that the invited, although their participation would make the compensation award may proceed smoothly. process faster and more efficient when the project Though landowners are given sufficient time— area contains a lot of trees; and the Department of about eight months—to comply with this Agriculture Marketing (DAM) is not invited when the project area has standing crops. Yet inputs request, they usually wait until the award notice from the PWD, Forest Department, and DAM are under Section 8 is served, and only then begin required for assessing the price of structures and to try to get things in order. A suggestion to estimating their future cost, estimating the price of facilitate this would be to have the RB engage trees, and estimating the price of standing crops, a nongovernmental organization to help the respectively. A representative from each of the landowners with this task. assessing departments should be included in the team carrying out the joint verification. 4.4.4. Joint Verification Field Book The DC prepares a field book jointly with the 4.4.5. Final Approval of Land Acquisition Cases RB that contains a video of the land proposed Final approval by the DC. If there is no objection for acquisition showing any structures, trees, or against the acquisition after serving the Section crops standing on it. If the classification of land 4 notice, the DC proceeds with the case. If an Bangladesh Land Acquisition Diagnostic Review: 152 Legal and Institutional Framework, Procedures and Practices Appendix-b objection is filed within 15 days of the notice, under Section 7, continue while the MoL reviews the DC conducts a hearing of the objections and the LA case. makes detailed inquiries. The DC then prepares a report (Section 5(2) of ARIPA 2017)—within 4.4.6. Ownership Review and Confirmation 30 days for ordinary projects and 15 days for nationally-important projects. After a final decision on the acquisition of land is obtained from the DC office, a hearing under Divisional Commissioner. If the land to be Section 7 is important for keeping the acquisition acquired is up to 50 standard bigha, the DC sends processing time within limits. The DC issues a the documents to the DivC, who is required to notice in the Cha Form (per the ARIPA Circular) to dispose of the objection within 15 days, or 30 days the affected possessors identified in the JVFB, and with a valid reason. other PIs it may learn about from other sources. A hearing follows, with the notified persons bringing Ministry of Land. The DC sends the report along documents with them for examination (see Table with the case record to the MoL if the land to be 4.2 and Table 4.3). A complete list of awardees acquired exceeds 50 standard bigha. The MoL is is prepared at the conclusion of the hearing. In required to dispose of the objection within 60 days practice, the process is not completed before of receiving the documents. In addition, for land to preparation of the award under Section 8 and no be acquired exceeding 50 standard bigha, the case authority enforces it. Common reasons for this is record, joint verification report, and order sheet are that the affected persons cannot always present submitted to the MoL for clearance (Paragraph 16 the required documents, and DC office staff cannot of the IPA Manual 1997). Other activities, such as coordinate a time for these important hearings. assessment of the property price and the hearing Table 4.2. Documentary Evidence of Legal Title Acquired by Inheritance No. Documents Remarks 1 Current LD tax receipt or Tax Exemption Certificate Original required. 2 Namjari (mutation khatian) Certified copy, in favor of the claimant. 3 Succession certificate Issued by a competent authority (a district judge or any judge designated by him/her) no later than three months from making the claim. 4 Latest survey khatian In the name of the predecessor or, if the predeces- sor was an owner by purchase, the khatians in the name(s) of the previous owner(s) with the relevant purchase deeds. Source: World Bank, analysis by the study team of the applicable land-related laws in Bangladesh. Table 4.3. Documentary Evidence of Legal Title Acquired by Purchase No. Documents Remarks 1 Current rent receipt or Rent Exemption Certificate Original required. 2 Namjari, declaration in the name of the new owner, In the purchaser’s name. closing out the previous owner’s name 3 Negotiated instruments such as the purchase Original deed of purchase and/or copies of baya deeds or previous linked deeds (baya), if applicable deeds, if applicable. 4 Latest owner’s record linked to this transfer In the name of the predecessor or the predecessor before that. Source: World Bank, analysis by the study team of the applicable land-related laws in Bangladesh. Land Acquisition Process and Practices 153 4.4.7. Preparation of Compensation Awards in the vicinity are to be taken into account in assessing the cost of the immovable property to After the JVFB is prepared, the PWD, Forest be acquired. The price of land is collected from Department, DAM, and other designated agencies the registered deeds archived in the revenue as appropriate assess the prices of the properties record room of the Sub-Registrar for the 12 in which they specialize. The DC prepares an months preceding the date of notice under estimate of the land to be acquired in the manner Section 4 (preliminary notice). The weighted described below. average of those prices is used. A sample process of calculating the weighted average is presented Assessment of land cost. Section 9(1)(a) of ARIPA in Table 4.4 below. 2017 prescribes that the prices of immovable properties of a similar class with similar amenities Table 4.4. Documentary Evidence of Legal Title Acquired by Purchase Weighted Total Sales Price Price per Acre Average Price No. Area (Acres) Remarks (Taka) (Taka/Acre) per Acre (Taka/ Acre) 1 0.02 2,000 100,000 Prices in items 1 and 7 are abnormally high and 2 1.25 62,500 50,000 low, in relation to the majority of transferred 3 0.75 45,000 60,000 figures, so they have been excluded. 4 2.10 5.97 84,000 284,150 40,000 47,600 5 1.02 45,900 45,000 6 0.85 46,750 55,000 7 0.01 200 20,000 Source: IPA Manual 1997. Assessment by the Public Works Department. Department has suggested that representatives The DC sends the JVFB or joint verification report from its department should be present during to the PWD for assessing the cost of structures. joint verification so that they can mark the trees The PWD does this following its own set of and assess their cost simultaneously. rules and rate schedules. Sometimes they have to use market rates when an item is not in the Assessment by other departments. The DC, rate schedule. The time consumed on this task DAM, Department of Public Health Engineering, depends on the number and type of structures. Department of Fisheries, and the Mechanical It is generally high in a metropolitan city— Section of the PWD, respectively, assess the such as for the previously mentioned Dhaka loss of business, crops, tube-wells, fisheries, and Elevated Expressway PPP Project. It is therefore industries. Representatives from these agencies recommended that a PWD official be present should be part of the joint verification team to save during joint verification to assess the price early time. on and save time. Time to complete the assessment. Paragraph 8 of Assessment by the Forest Department. The time the ARIPA Circular states that the joint verification taken for assessment is longer if there are a lot is to be completed in 21 days at the most. It usually of trees. This is particularly true in embankment takes longer in practice, sometimes up to one year. projects that cover many kilometers. Marks No authority enforces the time limit or monitors that could help identify the owners are also not the progress. Section 8(5) of ARIPA 2017 requires put on trees during joint verification. The Forest that preparation for assessment is to be complete Bangladesh Land Acquisition Diagnostic Review: 154 Legal and Institutional Framework, Procedures and Practices Appendix-b within 30 days after the notification calling for a public projects. For private projects, the premium hearing under Section 7. Higher-level officials do for land is 300 percent. The DC aggregates the not monitor compliance of this provision of the act assessed costs of all property to be acquired either. and their respective premiums, and then adds 2 percent as a contingency to finalize the estimate. Determining compensation awards. The market price determined as above for the land and the Payment of compensation to bargadars. Where physical assets identified on the land is treated acquired property contains standing crops under Section 9(2) of ARIPA 2017 to an added cultivated by bargadars, the DC determines the premium of 200 percent of the assessed price portion of compensation for the crops and pays it for land and 100 percent for structures and trees in cash to the bargadar. (in some cases, there is no premium for trees) for Figure 4.1. Key Steps of the Land Acquisition Process 01 02 03 04 05 Preparation of the Submission of the Scrutinity Review and Opening of the LA proposal by LA proposal to the and feasibity approval of the LA LA case and the RB. DC, the AB. assessment by proposal by the preliminary notice the AB. DLAC/CLAC. to PIs under Section 4. 06 07 08 09 10 Disposal of Joint verification If land exceeds 50 Assesment by Examination by objections, if any, of the property by standard bigha, the relevant the AB of interest by the DivC/MoL. the AB, RB, and submission of the department: the in the land and LLP. LA case and all PWD, Divisional perparation of a case records to Forest Office, and list of awardees the MoL for final the agricultural (under Section 7). approval. departments. 11 12 13 14 15 Preparation of Deposit of the Distribution of Handover of the Namjari and an estimate by estimated amount compensation by land to the RB by payment of rent consolidating all by the RB. the AB. the AB. in the name of rates. the RB. Source: World Bank, analysis by the study team. Land Acquisition Process and Practices 155 4.4.8. Transfer of Land Acquired Full compensation for a partially acquired structure. Portions of several high-rise buildings Taking over possession of the land. The law came under acquisition for a project in Dhaka City. requires that payment of compensation be The AB and the RB agreed, based on Section 14(2) completed within 60 days of receiving the required of ARIPA 2017, to pay compensation for the entirety funds from the RB. Because of the urgency of civil of the affected structures. The rationale was that works construction, the DC in most cases pays it could not be ascertained beforehand how much compensation to about three or four persons and of a structure would remain safely standing after takes over possession of the land under cover of demolishing the acquired part. The DC, exercising Section 11(2) of ARIPA 2017. This section empowers powers under Section 14(2) of ARIPA 2017, paid the DC to deposit the undisbursed money in the compensation for the full structures. A large six- Public Account and gradually disburse money to story mosque, with a total floor space of 7,000 the landowners as they turn up with adequate square feet was paid in full for safety reasons, ownership documents. even though only 90 square feet were acquired. This procedure was followed in the case of many A major part of the estimated compensation multistoried buildings falling within the Dhaka remains undisbursed at the time of taking Elevated Expressway Project in downtown Dhaka. possession of the land. Payment continues as land ownership is confirmed with documentary evidence submitted by the landowners. 4.5. Legally Defined Timeline for Acquisition Handing over possession of the land. After taking _____ possession of the land, the AB documents the The overall time for completing an LA is not handover of the land to the RB citing the plot mentioned in the law or in the IPA Manual 1997. numbers and area with a map attached. ARIPA 2017, the ARIPA Circular, and the IPA Manual 1997 have specific time limits for completing a few Title transfer and Gazette notification. The DC is important steps, though they are not adhered required by Section 13(2) of ARIPA 2017 to publish to and there is no enforcement. Those steps a notification in the Official Gazette within 90 are the feasibility study on the site, attending days of taking possession. The IPA Manual 1997 to objections, the joint verification, estimate prescribes that the RB will arrange with the local preparation, placement of funds and payment of AC (Land) office to complete transfer of the title compensation money. There are other steps that into its name. consume a substantial amount of time but time Abatement of the acquisition process. The limits are not specified. It therefore is not possible alignment of many projects changes after LA to compute a legally-mandated time frame to begins, owing to changes at the detailed design complete an LA. A conservative timeline can still stage, which in turn arise from changes in be estimated, making some assumptions, to have physical conditions or other technical reasons. a better idea about the time required (see Table LA proceedings on the unused portion can be 4.5). The following assumptions were used for the abated or revoked if compensation has not yet illustrative case: been paid to the affected persons (Section 14(2) of > There were no objections raised. ARIPA 2017). There were changes like this in the Padma Multipurpose Bridge Project, and the LA > The case is within a DLAC or a CLAC area. proceedings of the unused portion were abated. > The land type is general. Any other projects can use this procedure, if this > The amount of land being acquired is 50 type of change occurs, to stop the acquisition standard bigha (6.75 ha). of the unused portion. However, an acquisition cannot be revoked if payment of compensation has been completed. Bangladesh Land Acquisition Diagnostic Review: 156 Legal and Institutional Framework, Procedures and Practices Appendix-b Table 4.5. Time Required for an Illustrative LA Case No. Item Time Required (ideally or by law) 1 Scrutiny and feasibility study completed by the DC. 21 days (specified in law) 2 DLAC meeting/CLAC meeting held. 7 days (assumed)/90 days (assumed) 3 Issuance of notice under Section 4 of ARIPA 2017. 7 days (assumed) 4 Joint verification completed. 21 days (specified in law) 5 Hearing and issuance of Section 7 notice. 30 days (assumed) 6 Preparation of compensation estimate. 30 days (specified in law) 7 Requisition and placement of compensation fund 120 days (specified in law) 7 Notification u/s 8 and compensation distribution 60 days (specified in law) Total to complete the case taking into consideration 296 days ideally for the DLAC 8 of other activities. 379 days ideally for the CLAC Source: World Bank, analysis by the study team. In a project with no objections, a proposed land 296 days for a project requiring approval from a size of 50 standard bigha or less, and taking into DLAC, and 379 days for a project requiring approval account 60 days for legal and administrative from the CLAC. However, it can be done way faster, provisions and related actions, the LA could take if appropriate measures are taken on time. Notes ................................ 1 A mutawalli is any person appointed either verbally or under any deed or instrument by which a waqf has been created or by a competent authority to be the mutawalli of a waqf, and includes a naib mutawalli, any other person appointed or entrusted by a mutawalli to perform the duties of a mutawalli, the guardian of a mutawalli who is a minor or of unsound mind, and any person or committee for the time being managing or administering any waqf property as such (Section 2 (6) The Waqfs Ordinance 1962). Land Acquisition Process and Practices 157 Annex B-1: Sample Form for Changing the Class of Land Bangladesh Land Acquisition Diagnostic Review: 158 Legal and Institutional Framework, Procedures and Practices Bangladesh Land Acquisition Diagnostic Review: Legal and Institutional Framework, Procedures and Practices Appendix-c Stakeholders’ Feedback and Proceedings of Consultations and Field Tours 159 Bangladesh Land Acquisition Diagnostic Review: 160 Legal and Institutional Framework, Procedures and Practices Appendix-C Table of Contents Chapter 1 INTRODUCTION 163 1.1. The Stakeholders 163 1.2. The Consultation Process 163 Chapter 2 STAKEHOLDERS’ FEEDBACK ON DRAFT FINAL REPORT 165 2.1. Sharing of the Draft Report with the Ministry of Land 165 2.2. Stakeholders’ Feedback on the Draft Report 168 Chapter 3 NATIONAL-LEVEL WORKSHOPS 181 3.1. Consultation Workshop with the Professional Experts 181 3.1.1. Introduction 181 3.1.2. Summary of Issues Raised in the Discussion 181 3.1.3. Discussion Topics 187 3.1.4. Results of the Discussions 189 3.2. Consultation Workshop with Implementing Agencies 198 3.2.1. Introduction 198 3.2.2. Key Conclusions from the Consultation 199 3.2.3. Limitations of the Land Acquisition Process 199 3.2.4. The Agenda for the Open Discussions 200 3.2.5. Results of the Open Discussions 201 3.2.6. Further Discussion 207 161 Chapter 4 FIELD TOURS AND CONSULTATIONS 211 4.1. Tour of Nilphamari District and Saidpur 211 4.1.1. Meeting at the DC Office 211 4.1.2. Meeting with the LA Section of the DC Office 212 4.1.3. Visit to the District Revenue Record Room 214 4.1.4. Interview with Affected Land Losing Persons 215 4.1.5. Case Review of Bangladesh Water Development Board 215 4.1.6. Visit to the AC (Land) Office 217 4.1.7. Case Review of Saidpur International Airport 217 4.1.8. Meeting with the Executive Engineer, RHD, Nilphamari 218 4.1.9. Visit to the Sub-Registrar’s Office 218 4.2. Visit to Saidpur Upazila 218 4.2.1. Information Sharing Meetings 218 4.2.2. Notable Observations, Lessons Learned, and Suggestions 218 4.2.3. Findings, Challenges, and Complications 220 4.3. Tour of Khulna, Bagerhat, and Pirojpur 220 4.3.1. Information Sharing Meetings 221 4.3.2. Data Collection from Affected Landowners in Three Districts 222 4.3.3. Findings, Challenges, Good Practices, and Ways Forward 222 4.4. Interview with the DLRS, Dhaka 224 4.5. Tour of Rangamati District 224 4.6. Courtesy Call with the Law Commission 225 List of Tables Table 2.1. Analysis of Stakeholder Feedback on Draft Report 168 Table 3.1. LA Challenges and Proposed Strengthening Measures 183 Table 3.2. LA Proposal Activities and Typical Timeline 190 Table 4.1. Stages of Acquisition Process for LA Case No. 02/2008-9 216 Table 4.2. Stages of the Acquisition Process for LA Case No. 02/2013-14 216 Table 4.3. Stages of the Acquisition Process for LA Case No. 02/2018-19 217 Table 4.4. Field-Level Information Sharing Meetings 221 Table 4.5. Interviews of LLPs 222 Table 4.6. Documentary Evidence Required for Land Ownership Decisions 222 List of Figures Figure 4.1. LA Section Staff, Nilphamari DC Office 213 Bangladesh Land Acquisition Diagnostic Review: 162 Legal and Institutional Framework, Procedures and Practices Chapter 1 Introduction The Land Acquisition Diagnostic Review Nilphamari districts. The study team consulted (LADR) has reached out to the stakeholders of landowners affected by LAs in selected projects, infrastructure projects for their experience of the and community organizations at the local level. land acquisition process and opinions on how The team also consulted the Directorate of Land to minimize the complexities. The consultation Record and Survey (DLRS), the Land Reform proceedings and stakeholders’ feedback on Board (LRB), the Directorate of Registration, the findings, and notes from field visits have the Public Works Department (PWD), and been documented to gain an understanding of the Bangladesh Forest Department. On the the current legal process and practices for the controlling and legislative side, the study team involuntary acquisition of land for infrastructure consulted the Ministry of Land (MoL) and the development projects and to assess the Law Commission. The professional experts, institutional responsibilities, constraints, and who are individual consultants working in the issues affecting the payment of compensation. field of LA and resettlement in Bangladesh for The consultation process also generated the infrastructure development projects of the feedback that aided in identifying measures to GoB, were the key resource for information and strengthen the land acquisition (LA) process feedback on the current situation and possible both within the existing legal and institutional measures for expediting the LA process. framework and through a reform of land administration. The assessment and analysis of 1.2. The Consultation Process the process and practices under the respective _____ institutions requiring and acquiring land, as well The stakeholders were engaged through formal as those assisting in the process, were largely and informal consultation meetings, key informant based on consultations at various levels. interviews, focus group discussions, and national- and local-level consultation workshops. National 1.1. The Stakeholders workshops were conducted to share the outcome _____ of the review of secondary information and field- The stakeholders consulted included level consultations. Field-level consultations were responsible officials from the requiring bodies conducted in Nilphamari, Chattogram, Rangamati, (RBs) implementing development projects of the Khulna, Bagerhat, and Pirojpur districts. The first Government of Bangladesh (GoB), the acquiring national-level workshop was held in Dhaka with bodies (ABs) (the Deputy Commissioners (DCs)), the professional experts to share the findings and and officials from other offices involved in the LA initial recommendations following the field-level process, such as the Divisional Commissioners consultations in Nilphamari, Khulna, Bagerhat, (DivCs), Assistant Commissioners (ACs) (Land), and Pirojpur districts. The second national-level settlement offices, union land offices (ULOs) workshop was also held in Dhaka with the GoB (once known as Tehsil offices), and Sub- implementing agencies, with representatives from Registrar’s offices in Dhaka, and in Chattogram, the project implementation units (project directors, Rangamati, Khulna, Bagerhat, Pirojpur, and deputy project directors, responsible engineers, 163 and social safeguards specialists), following After a review of secondary information and the the field-level consultations in Rangamati and consultations with stakeholders at the district Chattogram districts. level, the study team organized a national-level workshop to discuss their findings and interim The study team visited Nilphamari district during recommendations with the professional experts November 26–28, 2019 and held a consultation working for the various implementing agencies of meeting chaired by the DC and attended by the the GoB that are involved in LA and involuntary Additional Deputy Commissioner (ADC) (Revenue), resettlement. The workshop was organized at the the Land Acquisition Officer (LAO), the Revenue Dhaka office of the World Bank on February 23, Deputy Collector, the Upazila Nirbahi Officers 2020. After presentations by the study team, the (UNOs) from Sadar, Jaldhaka, Dimla, Domar, and participants were divided into groups, and their Kishoreganj upazilas, surveyors from the LA office, feedback on possible ways to accelerate the LA the AC (Land), the Mayor of Nilphamari Sadar, the process was documented. Mayor of Jaldhaka, and officials from the Roads and Highways Department (RHD), the Bangladesh The study team visited Chattogram and Rangamati Water Development Board (BWDB), the Local districts during February 15–18, 2020 and had Government Engineering Department (LGED), meetings with the DivC of Chattogram and the the PWD, Saidpur Airport, Bangladesh Petroleum LA section of the DC office in Chattogram, the DC Corporation, Bangladesh Livestock Research office in Rangamati, the Rangamati Hill District Institute, Nilphamari Government College, and Council, the Chakma Circle Chief, other government Gas Transmission Company Limited. offices involved in land administration, and project affected persons. The study team also separately interviewed key staff of the individual organizations, including The summary report was updated following the the LA office, UNO office, upazila land office field consultations in Chattogram and Rangamati (UZLO), BWDB office, Saidpur Airport manager’s districts and the first national-level workshop office, ULO, RHD office, and the Sub-Registrar’s in Dhaka, after which a second national-level office. The team also consulted a group of workshop was held. This second workshop affected landowners of newly acquired land was organized to engage officials of the major for construction of a fertilizer warehouse for implementing agencies of the GoB. It was held Bangladesh Chemical Industries Corporation. on March 9, 2020 at the Dhaka office of the World Bank. The constraints on LAs and potential Later, during January 5–9, 2020, the study team measures to address those constraints and visited Khulna, Bagerhat, and Pirojpur districts streamline the LA process were discussed and to assess the experience of LA for the Coastal recommendations recorded. Embankment Improvement Project, Phase 1 (CEIP-1), which is being implemented in those A draft final summary report with consolidated districts by the BWDB with financing from the recommendations from the consultative process World Bank, and for the Khulna-Mongla Railway was circulated among the key government offices Project of the GoB. The team held formal meetings that have a stake in the LA process on August 8, with officials from the acquiring authorities, RBs, 2020 to obtain their feedback. After sharing the UZLOs and ULOs, upazila settlement office, and summary report with the MoL on August 10, 2020, Sub-Registrars at the DC offices in each of the the study team held a meeting with the MoL to three districts. All three meetings were convened share and obtain feedback on the draft summary and chaired by the respective DCs. The team also report on August 31, 2020 at the latter’s office in consulted with project affected persons in Dacope, the Dhaka Secretariat. Khulna, who were affected by the acquisition of land under CEIP-1. Bangladesh Land Acquisition Diagnostic Review: 164 Legal and Institutional Framework, Procedures and Practices Chapter 2 Stakeholders’ Feedback on Draft Final Report 2.1. Sharing of the Draft Report with World Bank in Dhaka, the MoL invited the study the Ministry of Land team to discuss the draft final summary report at _____ their office in the Bangladesh Secretariat in Dhaka After communications from the study team and on August 31, 2020. The minutes of the meeting the Social Sustainability and Inclusion Team of the are provided below. Venue: Conference Hall, Ministry of Land Time: 11:00 AM, Monday Bangladesh Secretariat, Dhaka August 31, 2020 Representation from the Ministry of 1. Mr. Md. Ismiel Hossain ndc, Additional Secretary (LA/Admin.) : Land 2. Mr. Aziz Haider Bhuiyan, Deputy Secretary Study team from the World Bank : 1. Md. Akhtaruzzaman, Senior Social Development Specialist 2. Prof. Dr Hafiza Khatun (DU), Consultant 3. Md. Akhtar Hossain (Dy Sec Rtd), Consultant 4. Mohammad Iqbal (Addl Sec Rtd), Consultant Upon reviewing the shared findings and recommendations, the MoL convened a meeting with the study team of the World Bank with the Additional Secretary (LA/Admin) as chair. The meeting was held in the conference room of the MoL at 11:00 in the morning on Monday, August 31, 2020. The World Bank study team presented the context, objectives, method, and findings of the diagnostic review and the two-fold recommendations: (1) project-based support for expediting the land acquisition (LA) process (Part 2 of the shared document) and (2) areas of attention for modernizing the legal and institutional framework for possible reform to match with the digitalization of land The World Bank Office in Dhaka, represented records management and surveys and the demands by the Study Coordinator from the Social of the times (Part 3 of the document). Sustainability and Inclusion team, shared the draft summary findings and recommendations1 with the Ministry of Land (MoL) on August 10, 2020 for their review and feedback. 165 Participants in discussion at the MoL (photo by study team). The Chair welcomed the World Bank’s LA diagnostic review initiative and thanked the team for sharing the findings and recommendations with the MoL. He briefly shared the MoL’s viewpoint. He opined that such initiative from the World Bank could have been taken much earlier. The land administration system has improved greatly with the digitalization of land records and increased allocation of resources to the respective departments for their day-to-day operations. Many of the difficulties with accessing land-related services from the land administration have been substantially reduced. The proposals for project-based support could be implemented across organizations of varied capacity irrespective of funding sources, to help citizens get their compensation in a timely manner when their land is taken for development projects. A summary of the discussion is as follows: Challenges: (1) The capacity and experience of the public implementing agencies and other government organizations vary substantially. They may not apply the recommended measures for project-based support to the LA process in the same way. (2) The acquiring authorities, including the Deputy Commissioners, the Public Works Department, and the Bangladesh Forest Department, may not always accept support of the LA process from the requiring bodies. (3) Too much involvement by the requiring bodies in the LA process may create a conflict of interest if the boundaries of their respective roles are not demarcated carefully. Outlook: (1) The recommendations for supporting LA under projects requiring land for civil works across organizations irrespective of funding sources will be a welcome approach for expediting LA. (2) The implementing agencies and other government organizations certainly want quicker processing of LAs for their projects. They are currently informally supporting the acquiring authorities to expedite the process. (3) Information and communications technology (ICT) is welcome support for the acquiring authority to ease the complexity of the LA process. The goal of the government is to follow good practice examples and implement project-based or a centrally-operated digitalized LA process. The use of ICT will allow for a more efficient and economical LA process. (4) Joint recording of affected physical structures and trees can be done using unique formats suitable for valuation by the Public Works Department and the Bangladesh Forest Department. There is scope to reflect this provision in the rules to be adopted for implementation of ARIPA 2017. (5) It will be helpful to support the affected landowners in their effort to update the khatians as soon as they get the first notification of LA. Bangladesh Land Acquisition Diagnostic Review: 166 Legal and Institutional Framework, Procedures and Practices Appendix-C (6) The requiring authorities may put provisions in their development project proforma for support for the selected steps of the LA process that are allowed under the law and to aid the decision process but without affecting decisions. (7) An additional acquisition or adjustments of the same plot of land due to mistakes in measurement or in design adjustments can be allowed at the discretion of the Deputy Commissioner, thus avoiding the long approval process. A provision for this for up to 1 percent of the proposed amount under an LA case can be included in the rules to be adopted. (8) The Deputy Commissioner can develop and share the time-bound action plan for LA processing and apprise the Divisional Commissioner and the MoL for the necessary oversight and follow up, tapping all resources and support to be received from the requiring authority. (9) The project-based support for the LA process discussed under Part 2 of the study document could be piloted in large infrastructure projects and also in small-scale infrastructure projects to fine tune the measures and their application for adoption nationwide. (10) Acquiring authorities with fewer LA cases of up to 50 standard bigha may not require equipment support, but manpower and travel facilitation during field visits for assessment and valuation of property would shorten the time for processing LA cases. The proposed actions as documented in the main report could be formalized with scrutiny, as appropriate. (11) The Government has already approved two projects for bringing land administration services to the doorsteps of the clientele and citizens. Agreement: The MoL will further review the report and the Chair of the meeting will share the outcome of the discussion with the Secretary for a possible disclosure workshop on the draft report for further vetting. The workshop could be held face-to-face with health guidelines observed or virtually over zoom or webex during the month of September [2020] [This proposed workshop could not be organized because of the COVID-19 pandemic]. The study team will update the main report to reflect this discussion and circulate it internally within the World Bank for comments. Stakeholders’ Feedback on Draft Final Report 167 2.2. Stakeholders’ Feedback on the Draft Report _____ The summary of the draft final report with recommendations was circulated among the key stakeholders of the LA process on August 8, 2020. The feedback received was reviewed by the study team and reflected as appropriate in the revised draft final report. The analysis and key takeaways are provided in the following matrix table (Table 2.1). Figure 2.1. Analysis of Stakeholder Feedback on Draft Report Key Takeaways No. Stakeholders Verbatim Feedback: Comments and Proposals for the Report and Recommendations 1. Md. Mominur Part 2: The consulting company could also assist in The Part 2 proposal Rashid strengthening the LA process, but it should be responsible for cannot be considered confirming that the correct owner will receive the compensation as the consulting payment (LA check). On the other hand, the consulting company company is not a should be responsible for assuring that the exact/correct substitute for LA Zonal amount of money is paid to the owner. For any misappropriation office staff. They Settlement or incorrect disbursement made in favor of the wrong person, Officer will work under the the money would be taken back from the consulting company. In overall direction, Zonal this way, no cases will be brought against the DC office staff. All supervision, and Settlement responsibility should be on the consulting company, otherwise guidance of the LA it might make errors or take bribes and the DC office would have Office, Dhaka, office team. to be responsible for that. Bangladesh Part 3: Another proposal is that the management and settlement staff could be brought under one umbrella, i.e. the AC (Land). Staff of both departments will do their respective functions under the control of the AC (Land). The land survey, preparation of the mauza map and khatian, and updating of the map and khatian will all be done under the control of the AC (Land). Reason: The time from surveying and preliminary record creation to handover takes many years. Survey work is done in different stages/layers. Anyone that has a grievance against a preliminary record created by surveyors may file an objection to settle the dispute. If the result is not satisfactory to either party, they can file an appeal. However, if someone misses getting their The Part 3 proposal is land title in their favor because of a lack of information (they in line with items 1 & 9 don’t know that the survey and settlement process is ongoing in of proposal 1 of para their area) or they are out of the country, they will be left behind. 54 at pages 18-19. The Their land will be titled to others (maybe their predecessors). MoL introduced the Within the process of settlement operation, there is no provision concept of integrated to get special permission to file an objection. Therefore, the land management absentee person will lose their land and a litigation case will in the mid-eighties. arise. The person has to submit the case to civil court or the land The post of Mutation survey tribunal to obtain a verdict. Assistant was This begins a journey of from 10 to 30 years to get a court created in the Thana verdict. To prevent this, the AC (Land) should be made eligible by Settlement Office, law to settle the disputed matters by hearing from both parties but it has only been on the matter. a sinecure job since A provision could also be made that only the AC (Land) or then. revenue officer under the land management department can issue a land transfer deed. So having all land transfers under a single umbrella, map updating and mutation will be done. All this thing will be made with an automated software platform where both map updating and khatian updating can be done and they are interlinked. Bangladesh Land Acquisition Diagnostic Review: 168 Legal and Institutional Framework, Procedures and Practices Appendix-C Key Takeaways No. Stakeholders Verbatim Feedback: Comments and Proposals for the Report and Recommendations 2. Krishna K. Thanks for sending me the study findings for comments. I Part 2 proposals Biswas reviewed the part-2 of the report according to your suggestion. are validated by the My comments are mentioned below: commentator. We may add one or two Acute shortage of manpower is fact. Joint Secretary sentences to explain & Additional DC may authorize RB’s Consultant to conduct required activities the role of the land Project is needed. DC office not responsible for Feasibility Verification information specialist Director, Metro and disclosure of information. Infrastructure Agencies can as: “a person who Rail Project support by Online Automated LA System managed by DC Office is conversant and (Line-6) will be helpful. preferably having 5-10 years’ experience with Signature of affected people to valuation of properties may help the current legal and them yields of various crops from Department of Agricultural institutional framework Extension (DAE) not from the Department of Environment (DoE). of land information 30. Additional resources might be provided by the project is management. Also, necessary. someone who can help the DC office 31. Additional personnel may be provided by the project is with ownership required for big projects. determination and preparation of the joint 35. Instead of while processing LA proposals. It would be list.” while processing the LA processing plan. LA processing plan approved by the government should be amended by the Acquisition and Requisition of Immovable Property Act 2017 (ARIPA 2017). We may add as a note below the table at 37. Adequate budget for procuring resources for LA will be para 43, page 16. included in the development project proforma/proposal (DPP) and allocated funds released before inviting bids for civil work. Whether it is possible to prepare separate DPP on land acquisition based on Feasibility Study report. 38. Second occasion It’s clause 6 of ARIPA Circular [interim guidelines on the implementation of ARIPA 2017 issued December 10, 2017] not 5. If DC issues Section 4 notice to the landowners individually, they may update their land related documents earlier but DC does not do it, they only notify some government offices and local government office. DC might take measures to notify the landowners to update their land related documents before joint verification AC (Land) might be instructed to do the updating tasks by special measures for big land acquisition projects. Stakeholders’ Feedback on Draft Final Report 169 Key Takeaways No. Stakeholders Verbatim Feedback: Comments and Proposals for the Report and Recommendations 42. Ownership readiness campaigns and technical support to landowners can be supported after joint verification. It should be after issuing Section 4 notice. Step 2. Assist the AC (Land) office in updating ownership by the request of the DC office not in providing updated ownership information. 43. Problem arises in the mega projects where huge amount of land acquisition required. Consultant staff strength to be considered for more than 100 ha, 500 ha, or 1,000 ha land acquisition. In some projects, land required at more than one district. I don’t understand about the task of Land Information Specialist. Land Acquisition Specialist is required for assisting the landowners. This study does not focus on the strength and weaknesses of ARIPA 2017. More concrete proposal is required for current valuation of land, structure, trees, crops, fisheries, etc. Central online valuation system will be helpful for it. ARIPA 2017 recognizes the resettlement of affected persons. How it will be implemented by the DC is not clear in the act. The proposal is not clear how the duration of land acquisition will be reduced for mega projects. Instances of other countries is not mentioned. India introduces Land Acquisition Act for mega projects, which enables completing land acquisition process within a very short time. They engaged an authorized officer to do the land acquisition except DC Office. DC is involved as an arbitrator in case objections arise. 3. Directorate of The analytical study titled Bangladesh Land Acquisition The Public Land Record and Diagnostic Review Summary Findings and Recommendations Awareness and Survey (DLRS) have gone through attentively. All issues regarding Land Education Team: Acquisition (LA) Process is discussed and reviewed in this study. Items e-g may be The existing laws, rules, manuals, and guidelines for completing included for groups MD. Zillur Rahman the LA process are meticulously analyzed in this study. Some who need specialist recommendations are drawn up to smooth execution of the LA support. process. Furthermore, I give some opinion to put in this study: Project Public Awareness and Education: Land acquisition is a complex Implementation process by the nature of the Bangladesh context. Bangladesh We may add a new Unit is a country of agriculture. Land is limited but population task 7 in Step 3 increases, resulting in a decreasing land to man ratio. Land (pages 14-15): “identify Establishment has become a source of wealth, dignity, and power. The most and prepare a list of of Digital Land valuable resources like land, ownership litigation increasing day vulnerable owners Management by day. To lessen land disputes [there] needs to be personal especially women, System Project attentiveness in maintaining land documents properly, such physically challenged as ownership records (last settlement record), inheritance/ persons, adolescents/ 28, Shahid successors records, Land Transfer (LT) deeds, mutation records, minors, orphans, Tajuddin Ahamed update Land Development Tax Receipt (LD Tax) etc. Moreover, Sarani, Tejgaon, ethnic communities, Civil Courts Judgment Copy (certified copy), Government and expatriate Dhaka-1208 kobuliat (for khas land), lease documents if needed should be landowners.” kept to prove the land title and possession. Bangladesh Land Acquisition Diagnostic Review: 170 Legal and Institutional Framework, Procedures and Practices Appendix-C Key Takeaways No. Stakeholders Verbatim Feedback: Comments and Proposals for the Report and Recommendations The study reveals that a large number of people, particularly rural people, are not aware of keeping their ownership documents. They don’t know what type of papers [they] should maintain to prove ownership, right, title, interest, and position. In the event of inheritance ownership, rural people are hardly keen to visit the ULO (Tehsil Office) to mutate his/her name in the record. During the completion of a successful LA process, a Public Awareness and Education team having experience and knowledge in land administration, settlement, and land registration may be engaged to provide an awareness campaign in the project area. Most of the landowners do not have adequate knowledge of what documents they need to maintain to secure ownership title. The Public Awareness and Education team could deliver in advance support to the LA consultants (which are proposed in the study) to get the landowner ready to collect and keep the requisite ownership documents, thus helping the LA consultants as well as the landowners. The Public Awareness and Education Team could do the following events: a) Develop a form using close ended method to collect the ownership details of plots, which includes Name and address of landowner/owners and mobile phone/email no., occupation, plot no., khatian no., mutation/holding no., class of land, area, reference of ownership (such as by inheritance, purchase deed, court judgment, lease deed (from government etc.), infrastructure (Pakka/ semipakka/ makeshift) on land, crop details, trees, ponds, fisheries, poultry, and other agricultural and non-agricultural setup. b) The public awareness team goes to the field with identity card and collect ownership details of the project area. c) Collected data is put in the computer and preserved in a database. d) Sorting out the data and make list of owners who have maintained satisfactory documents, incomplete ownership documents and/or documents preparation (readiness) are initiated. e) The Public Awareness and Education Team have special care in preparing the lists of vulnerable owners: especially women, aboriginal people, physically challenged people, adolescence/minor, and orphan landowner. These class of landowner are badly cheated by the muscleman and land grabbers. The have also some inconveniences to visit the proper authority to claim their compensation resulting that they lose their actual claim. The team also collect absent owners of land and also collect data over the disputed ownership in land Stakeholders’ Feedback on Draft Final Report 171 Key Takeaways No. Stakeholders Verbatim Feedback: Comments and Proposals for the Report and Recommendations f) The Public Awareness and Education Team develop awareness tools such as leaflet, festoon under the direct guidance of consultants and distribute those among the people of project areas. They can also arrange awareness campaign (like courtyard meeting), miking and transmits mobile message, and voice calls to the landowners about their doings and responsibilities during the LA process. g) The Public Awareness and Education Team should have legal experts so that they can assist the vulnerable landowner to collect requisite land documents to put their names in the award lists. Some Corrections: Part 2: Proposals for project Sponsored Measures to Expedite Land Acquisition: Page 8. Para-29... Sub-Registrar………DoE, DAE Para-42……………3.3.1 3.5.1 Page no 14. Para-42 (3) ……………3rd para 3.3.2 3.5.2 Some additions: Page 11: Second occasion. At the end of the 1st para: It is proposed to include the undermentioned text or any other suitable part of the report. Regardless to collect the successors’ information AC (Land) could request Union Land Assistant Officer (ULAO/Tehsildar) to visit mauza and enquire upon which person died leaving heirs and those heirs did not initiate mutation process to put their names in the latest records. ULAO should make sure to invite the deceased heirs to mutate their names in the record in his/ her Tehsil jurisdiction. Fourth occasion. ……….. At the end of para: It is proposed to include the undermentioned text or any other suitable part of the report. At present this hearing is made at DC office. Now it is proposed to set up some makeshift hearing court in the project areas (it can be set up in the upazila premises or union parishad premises), so that landowners could easily travel to the court and participate in the hearing, if the landowners’ participation would be ensured then actual claims would be established, thus reduce harassment. Besides it is perceived that most of the vulnerable owners such as women, aboriginal people, physically challenged people, adolescents/minors, and orphans are usually ignored in establishing their right, title, and interest on land. Field hearings could also give room for flexibility to attend the hearing and establish claims for compensation. Bangladesh Land Acquisition Diagnostic Review: 172 Legal and Institutional Framework, Procedures and Practices Appendix-C Key Takeaways No. Stakeholders Verbatim Feedback: Comments and Proposals for the Report and Recommendations 4. Mohammed 1.1 I appreciate the World Bank Office in Dhaka for undertaking LADR proposals at Belayet an analytical study “Bangladesh: Land Acquisition Parts 2 and 3 are Hossain Diagnostic Review”. There is no doubt that the successful validated by the completion of any development project depends mainly commentator. A on the acquisition of land within a stipulated time. The separate LA law for Secretary, Bridges Division is mandated to ensure an integrated and big/mega projects will Bridges uninterrupted transportation system through construction send the wrong signal Division, and maintenance of bridges of 1,500 meters or over, toll to landowners. Ministry of road, tunnel, flyover, expressway, elevated expressway, Road Transport causeway, subway etc. The Division is currently and Bridges implementing several mega projects in which timely and hassle-free acquisition of land is a matter of concern. 1.2 The study has rightly pointed out that delay in the current LA process is the outcome of the poor institutional capacity of the LA Section of DC Offices as the key institution and PWD, Divisional Forest Office (DFO), Land related Offices including AC Land Offices, ULOs as supporting institutions. That is why the study proposed for project sponsored measures to expedite the acquisition of land. In the proposed LA model the Project requiring land will assess the need for support and resources to the key institution and other supporting institution, provide an adequate budget in the DPP and a consultant team or firm may be engaged to provide additional support in joint verification, valuation process and determination of ownership for compensation. The study has also given due importance on digitalization and automation of the LA process to be designed centrally and managed locally. 2. There are two options to address this issue: (1) to provide support externally by the project requiring land as proposed by the study or (2) to strengthen the institutional capacity of LA Section of DC Offices and other supporting agencies. In my opinion, the latter option will be more effective and sustainable. 2.1 Emergency acquisition of land is a demonstration of the coercive sovereign power of the state. Therefore, a strong institution is necessary to apply this power. The Government of Bangladesh is committed as per Sustainable Development Goal-l6 to establish justice, peace and inclusive society strengthening public institutions. The current government has taken many initiatives to strengthen the institutional capacity of public offices through automation and digitalization, the National Integrity System (NIS), Annual Performance Agreement, Grievances Redress System (GRS) etc. 2.2 To my observation, there are two major impediments in strengthening the institutional capacity of DC Office the key institution for land acquisition: Stakeholders’ Feedback on Draft Final Report 173 Key Takeaways No. Stakeholders Verbatim Feedback: Comments and Proposals for the Report and Recommendations 2.2.1. The existing Table of Organogram and Equipment (TO&E) of land administration is almost 40 years old prescribed by a committee popularly known as Enam Committee (1983- 85) at a time when the population was approximately 90 million. Over time the need for development for the increased number of population has expanded manifold. Moreover, vacancies could not have been fulfilled due to multiple stay orders on recruitment passed by the higher courts in various litigations. At present, more than 50 percent of posts in the field level land administration under DC Offices are vacant. There is an urgent need to enhance the institutional capacity of increase manpower and logistics of the field level land administration under the DC. There is no need for the additional budget in DPPs to 2.2.2. support relevant institutions process’ A involved in the LA huge amount of unspent money is deposited in the LA account of the DC as LA contingency (2 percent of the total compensation to be paid by the RBs) that may be utilized to outsource additional support staff and to procure transport, computer, stationery and other supplies. 2.3. The proposed project sponsored measures will increase the overall cost of the project for procuring consulting services and other resources. Sometimes LA cases result in subsequent litigations where the liability of LA staffs is at issue. It is risky to engage consultant firms in joint verification, valuation process and determination of ownership for compensation having no legal responsibility. It may increase the probability of corruption, lack of accountability and lack of accuracy. 3. Finally, I would like to summarize my opinion as follows: a. I agree with the recommendation that the Ministry of Land should take necessary action to digitize and automate the operation of land acquisition through an integrated online- based system; b. I also agree that cooperation and collaboration must be increased among DC office, the key LA institution, projects requiring land, supporting institutions like PWD, DFO, owners of land whose land has been acquired and other stakeholders. c. I would rather suggest enhancing the institutional capacity of the DC offices with required manpower and logistics utilizing LA contingency fund instead of project sponsored measures to minimize the cost of projects and risk for lack of accountability and expedite LA process. d. For the rapid implementation of mega projects, a special land acquisition act may be enacted in the Parliament like the Padma Multipurpose Bridge (Land Acquisition) Act 2009 or special provisions may be included like the Metro Rail Act 2015. Bangladesh Land Acquisition Diagnostic Review: 174 Legal and Institutional Framework, Procedures and Practices Appendix-C Key Takeaways No. Stakeholders Verbatim Feedback: Comments and Proposals for the Report and Recommendations 5. Md. Abdus (1) sued the case: Those whose land has been required to Our recommendations Salam compensate them though their opponents sued the case are validated by the or a party filing a case while acquiring land. As a result, commentator. the real owner is harassed to get compensation. The actual Director (Joint owner is deprived of compensation. Because it takes at Secretary), least five to ten years to settle a case. As a result, those Divisional who file lawsuits have to pay unofficial money to withdraw Family their cases. Thus, the middleman takes advantage of the Planning Office, opportunity to become a middleman and the real owner of Barisal Division, the land is harassed to get compensation. However, if there Barisal is a writ petition in the higher court, the problem is more. In case of lawsuit, the compensation money remains in the government treasury i.e. in the account of the DC. (2) Shortage of manpower: According to the organogram, manpower is the same in every land acquisition section. However, in the case of large projects, more manpower is required which is not available in the land acquisition branch. There is only one surveyor in the land acquisition branch. In this case there should be at least three Surveyors. Land acquisition is done with a lot of mauza in the embankment area. In this case, a compensation list of thousands of people has to be made. Example- acquisition in Mathbaria-Bhandaria takes compensation of about 10,000 people. But only one surveyor is working in the LA branch of Pirojpur DC office. So it is a huge difficulty for him. (3) Ownership of land: Claim compensation in case of claim does not submit proper documents. In this case they have to submit (I) Porcha. (II) Deed. (III) Heir certificate. Example: If there are 5 heirs. If one applies, the other will need a no-objection certificate. (IV) In practice it is seen that a copy of mutation is required to prove the ownership of the land. But in the case of large projects, [with] thousands to pay compensation, 100% of the documents of mutation copies are not available. So, there is a delay in paying compensation. (4) Lack of vehicles: Even the land acquisition officer’s vehicle is not available in the LA Section. As a result, work in the field was disrupted due to lack of vehicles. Although the DC pull cars are used in this case. DC pull cars are not always available. In this case the surveyor, kanungo, chainman goes to the project site in their own arrangement. It is a waste of time. There are delays in performing tasks at the right time. Stakeholders’ Feedback on Draft Final Report 175 Key Takeaways No. Stakeholders Verbatim Feedback: Comments and Proposals for the Report and Recommendations (5) Record update: It is most imperative to update the record to get compensation. But in our country 100% mutated copy still not available. So there is a delay in paying compensation. Compensation cannot be paid until the record is updated. Mutation must be 100% accurate. In mutation cases the heirs cannot be left out or more of less. (6) Land reclamation: Land records are cultivated but in reality, there are houses. In such a case, compensation will be paid as house not cultivated land from LA Section. However, since the record contains land class cultivated land, the class cultivated has to be converted to house class. But percentage (100%) classification is not done in our country. (7) Lack of suitable officers: The land acquisition officer is a senior scale officer. But at present there is a shortage of senior scale officers in the collectorate. Land acquisition is currently being done by a new officer who has no survey & settlement training or even foundation training. It is very normal to make mistakes in this situation. (8) Lack of equipment: Sophisticated survey equipment needs to be available in LA section. Without it, accurate measurement of land is not possible in many cases. When measuring the land with ribbon, it becomes more or less. Sophisticated equipment, including plane table, GPS machines are very essential in the LA Section. Recommendations: (I) The shortage of manpower in the office is to be eliminated. At least three surveyors, two kanungos and two chainmen to be recruited in LA section. (II) LA office vehicles should be allocated to overcome the shortage of vehicles. (III) Hundred percent mutation must be guaranteed for update the record. (IV) Hundred percent of the land class has to be changed for update the record. (V) There should be a senior scale officer in LA section (VI) The branch (LA section land acquisition section) must have sophisticated equipment. (VII) Compensation must be paid on the spot at the end of the hearing to verify the heirs. (VIII) As soon as get the officer of land acquisition you have to visit and make a video. (IX) All parties to a claim of same plot must hold a hearing on the same day and pay compensation on the same day Bangladesh Land Acquisition Diagnostic Review: 176 Legal and Institutional Framework, Procedures and Practices Appendix-C Key Takeaways No. Stakeholders Verbatim Feedback: Comments and Proposals for the Report and Recommendations 6 Bangladesh 3.5.3 Facilitating Ownership Determination (42): Page 13 The LADR proposals Economic Paragraph 1 line 5 – should be 3.5.1 instead of 3.3.1, Page 14 Step to automate LA Zone Authority 2 Task (3) Paragraph 3 Line 4 – should be 3.5.2 instead of 3.3.2. activities and the (BEZA) updating of land 3.3 (34-4) Scope of Supporting the Relevant Organization: records are supported Developing central software for automated system linking by the commentator. land ownership data for determining and disbursement of compensation which will be used in all LA cases rather than developing different software for each LA case. The format of the database to be used needs to be the same for all cases. This will also eliminate the need for a Software Developer (as described in 3.5.4) for each LA case. 3.5.4 Proposed Resources: Who will be considered as experts (i.e. Land Record Specialist, Land Record Assistants, Land Administration Specialist, Land Information Specialist, Land Revenue Specialist, Land Revenue Assistants etc.) need to be clarified. Moreover, what will be the role of Software Developer in this context? 4.2 Reform in Land Administration and Management (Proposal 2): Besides the proposed steps, the following could be considered: 1. No plot or khatian with multiple owners. Proposal 3: Integration of the proposed automation of all departments so that all three departments can share, authenticate, and verify the information stored in the system. For example, if confusion arises regarding any registration deed during a mutation process then there will be an option to verify the registration deed from the integrated system. 7. Bangladesh Specific time frame considering the volume of land acquisition The LADR Land Port should be adopted in land acquisition rules to complete recommendations are Authority the acquisition process. This will reduce the abnormal time supported. (BLPA) requirements of acquisition. After getting the acquisition proposal from the RB, the DC may issue notification for updating the land class and mutation of the proposed acquisition of land providing reasonable time. The representative of the DC will verify the issue and provide decision on it. This may reduce the litigation of land class and ownership problems. It will need to be added to the LA rules or policy. Government may complete the digitalization of land related issues and provide access to relevant govt agencies and landowners. This will be very helpful to the RB. The common problems faced by RB that the official, especially LAO and ADC (Revenue) are transferring frequently. Sometimes very junior officer without land management training is appointed as LA proposal by the DC. For this reason, the proess of LA is delayed. Stakeholders’ Feedback on Draft Final Report 177 Key Takeaways No. Stakeholders Verbatim Feedback: Comments and Proposals for the Report and Recommendations 8. Zaved Anwar Reference to your letter we are pleased to inform you that The item a) proposal Bangladesh Inland Water Transport Authority (BIWTA) is may be considered. responsible for development, maintenance, conservation and The MoL may Director of develop “an integrated performing regulatory functions of the inland and coastal water Planning transportation system. Though BIWTA is not directly engageddigital survey and with land acquisition, we are providing opinion on the mentioned mapping system for Planning issue as below: Bangladesh including Department areas prone to a) To prioritize developing digital mapping and GIS based (On behalf erosion.” survey system in river bank erosion affected area to of Hon’ble identify actual position of the land. Chairman) b) To develop digital survey record for all inland river ports This may be added at BIWTA area as well as the inland river port foreshore area. para 58 after revision. c) All River Routes may be brought under GIS based Tracking/ Monitoring System. 9. (Md. Abdur LGED completely agrees with the proposed measures stated in The LADR Rashid Khan) the study to expedite land acquisition. The recommendations for recommendations are modernization of land acquisition are also well articulated and supported. may be effective. LGED holds the same opinion with the findings Chief Engineer, and recommendations of the study. LGED 10. LGED – RTIP-II (1) In the valuation process, the DC may involve PWD/LGED The items (2) to Comments and the DFO or DAE directly for valuation of structures and (4) and (7) of the trees respectively; proposal need legal and institutional (2) Provision of top up payments may be included in the reform. They may be law and responsibility may be vested with RB for a long-term goal. implementation; (3) Address resettlement needs of people displaced by acquisition to reduce adverse impacts on landowners and We may add a new inhabitants including support to the poor and vulnerable para after para 44 as groups at project cost; it may be included in the law; follows: (4) Additional manpower support from the project may be provided to expedite LA process, which should be “3.7 Oversight incorporated in the Law to justify their reports and works, Mechanism as requested by the DC; (5) A LA Implementation Monitoring Committee will be formed at divisional level headed by Divisional Commissioner with members from all stakeholders including RB for expediting LA process, which will be included in the Law; the committee will hold meeting quarterly in each year; Bangladesh Land Acquisition Diagnostic Review: 178 Legal and Institutional Framework, Procedures and Practices Appendix-C Key Takeaways No. Stakeholders Verbatim Feedback: Comments and Proposals for the Report and Recommendations (6) For effective monitoring and progress, a LA Implementation 45. LA implementation Monitoring Committee will be formed at ministry level and monitoring headed by the respective Secretary, Division/Ministry committee to be with members from all stakeholder’s agency including formed at the divisional RB agency head, which will be included in the Law; the and MoL levels. The committee will hold meetings twice a year; progress of LA cases will be monitored every (7) IT based land title preservation and its updating may be quarter at the divisional completed setting a target for 3 years and thereafter level and semiannually regular updating will be done during settlement of at the MoL level. The mutation cases and land tax may be collected from the divisional level meeting landowners using computer software generated annual will be presided over bills directly paying to banks. by the Commissioner with representatives from the RB and AB. The MoL meeting will have representatives from the ministries and departments of the RBs, and Commissioners of the division.” 11. Shalil Kishore Due to geographical location, the land form in the three hill districts The proposals may Chaka is different than the other plain land districts. Most of the area of be included in Part 3 this region is hilly terrain with forest. No settlement survey has in chapter 5 after para so far been conducted in the hill tracts region. The government in 5.9 as: Assistant 1984 initiated land survey in the three hill districts with the help of Settlement the DLRS. But for various unfavorable circumstances, the survey Officer, Diara was dropped. With the increase in population, land disputes and “5.10: Cadastral Settlement civil cases have been increased in the Chittagong Hill Tracts (CHT). Survey in the Three Operation, I believe, an accurate land survey determining ownership and Hill Districts Barisal titles can reduce the land disputes and court cases. However, the land administration in the CHT districts is different than rest of the country. If an objective land survey is to be carried out in this A cadastral survey region, the design of the land survey work has to be prepared determining the following the constructive recommendations obtained through rights, restrictions, meaningful consultation with the local administration, law and and responsibilities order agency, circle chiefs, civil society and the regional political (3R) of all land parcels leaders. Above all, the CHT land commission has to be activated and water bodies in and all the under trial cases have to be settled quickly to pave the the three hill districts road for the settlement survey. Settlement of the cases pending needs to be carried with the Land Commission will be helpful for the officials for out immediately. preparing records of rights during the settlement surveys. Since The survey will be none of the cadastral survey, revisional survey, state acquisition, carried out under the or Bangladesh revisional survey records were prepared in the overall guidance and CHT districts, a detailed guideline from the concerned ministry/ supervision of the CHT departments may be required on how to conduct the settlement Land Commission. This survey accurately. The UpToDate technology has to be used survey will record three correctly to prepare the land cadaster. If necessary, the relevant dimensions of land government officials may undergo high quality short- and using modern survey medium-term training at home or abroad. Excellent skills of the technology suitable for concerned land survey staff will ensure development of record of hilly terrain.” rights correctly. Stakeholders’ Feedback on Draft Final Report 179 Key Takeaways No. Stakeholders Verbatim Feedback: Comments and Proposals for the Report and Recommendations 12. Md Iqbal The following topics can be added: The proposals are worth Hossain consideration. The 1) Complications of compensation in the case: In the case of following two paragraphs compensation to the affected persons, it is often seen that can be added to the after the notice of taking the compensation money (Section recommendation chapter of Deputy 8 of ARIPA 2017), various persons have filed a case in the the report. Director, Local civil court and caused delay in receiving the compensation Government, (1) Legal suits are often money of the affected persons. It can be seen on the Pabna. Former placed in civil courts against ground that it has not been possible to pay compensation awardees after issuance ADC (LA), to some people for more than 10 years due to lawsuits. of notice under Section 8 Khulna Mention that if there is a case after the issuance of a notice of ARIPA 2017 that affects under section B, the case will not create any obstacle in payment of compensation the way of payment of compensation and if the ownership money. Settlement of the documents are correct, there should be a provision to pay lawsuits may take around compensation to the affected person. 10 years with the court. Any such objections should 2) In case of land acquisition in case of emergency: In many be settled at the stage of cases, due to natural calamities, tidal waves’ cyclones’ etc., title review under Section there is a need to have provisions for construction of dams 7. There should be a legal or acquisition of land for other needs. In this case, those provision that any lawsuits who will be evicted from the place concerned should have against compensation award a rehabilitation system and it is better if there is a special after Section 8 notification will not affect delivery provision for quick compensation. of the payment to the 3) Land ownership. The land ownership book can be made awardees, if the ownership by considering the national identity card number as the records produced with the land ownership number like the bank passbook. As a compensation claim are correct beyond a doubt. result, if the land is purchased, the land will be added to the passbook and if it is sold, the land will be deducted, so (2) Land Passbooks that the latest information on land ownership will be easily can be created online available. under the Revenue Record Room system against the national identity number for an individual citizen and registration or tax identification number for a legal entity. The Land Passbook will be updated instantly after registration of a land transfer or mutation of land succession, so that the latest information on land ownership is always available. Source: World Bank, compiled by the study team. Notes ................................ 1 The summary findings and recommendations of the LADR were presented in three segments (Part 1) introduction and summary of findings, (Part 2) project-based measures to expedite LA, and (Part 3) key legal and institutional issues for the modernization of land administration. Feedback from the MoL and other stakeholders on the summary findings and recommendations were duly reviewed for improvement of the LADR. Bangladesh Land Acquisition Diagnostic Review: 180 Legal and Institutional Framework, Procedures and Practices Chapter 3 National-Level Workshops 3.1. Consultation Workshop with the people are very concerned about it. He asked that Professional Experts the participants discuss their experiences and _____ present their thoughts on ways to strengthen the A full-day consultation workshop was held with the LA system as input to the study. professional experts working for the implementing After a round of introductions, Dr. Hafiza Khatun agencies of the GoB as consultants in the field of briefly presented the approach followed and the LA and resettlement in development projects. The initial findings of the study, such as a lack of a workshop was held in the conference room of the time-bound plan, a shortage of staffing, and an World Bank office in Dhaka on February 23, 2020. uncoordinated land transfer and ownership record update process. She also shared that areas in CHT 3.1.1. Introduction have their own distinct LA laws, while other areas follow the general nationwide LA law. She stated LA is part of the critical path for infrastructure that digitization is in demand, with digital payments development and rehabilitation projects in for LA transactions being widely requested. She Bangladesh with financing from bilateral and concluded by requesting participants to give multilateral development banks. The implementing their comments and views through their own agencies use the services of professional experts presentations after the breakout sessions. for assistance with the LA and resettlement process. These experts are closely involved in the Dr. Naveed Ahmed then explained the rules of LA process and interact with the AB, the RB, and business for the workshop—the experts would the affected landowners. A total of 18 professional be divided into four groups that would look at two experts working for major implementing agencies topics each and present those. These would later like the RHD, Bangladesh Railway (BR), BWDB, the feed into the report to be written for the study. LGED, the Directorate General of Food, and BLPA participated in the workshop. The Deputy Project 3.1.2. Summary of Issues Raised in the Director for the Dhaka Mass Rapid Transit Project Discussion was also among the participants. The consultation process identified issues through Welcoming the participants, Md. Akhtaruzzaman, the group discussions, and questions and answers the Senior Social Development Specialist of the between the groups and between the participants Social Sustainability and Inclusion Team of the and the study consultants. The participants World Bank in Dhaka, thanked them for attending calculated that as per the MoL requirements, the workshop and providing valuable input to the about a full year is needed just to prepare an LA study. The LA process is infamously known to be proposal and get it approved by the District Land a key constraint in infrastructure development Allocation Committee (DLAC) or the Central Land projects. As land is the most valuable resource for Allocation Committee (CLAC) (depending on the the people in agrarian Bangladesh, and since the administrative jurisdiction of the proposed land). acquisition process is a compulsory imposition, This preparation part of the LA process involves 181 Participants at the first national-level workshop on February 23, 2020, World Bank office, Dhaka (photo by study team). the RB, the line ministry, the DoE, the DC office, the > Include an allocation in the DPP to incentivize AC (Land), the ULO, DLRS, DLAC/CLAC, and design the staff engaged in the LA process. and land survey consultants. The feedback from the expert consultation workshop is summarized > Better coordination between the relevant ministries is needed, for example, between below: the Ministry of Finance (Planning) with the > Use of IT is minimal and ranks low in the relevant ministry/agency. methods used to process LAs. > Macrolevel reforms: update the laws and > Government staff involved in the LA process regulations, cadastral surveys, etc. look for both incentives and safeguards in expediting LA and compensation payments. > There are exogenous factors such as the weather, and synergy (or lack thereof) among > Some strategies to improve and speed up ministries. the LA process include (1) enhancing the staff resources of key actors in LA, including > The low dedication of staff is a critical challenge, however in cases where the the MoL, (2) developing a time-bound action relevant staff have previous experience in LA, plan with clear guidance,2 and (3) mobilizing the process is better managed and quicker. sufficient resources. > Electronic transfers of compensation would 7. The participants presented their conclusions make the process more efficient and reduce on LA challenges and suggested measures to governance-related challenges. overcome those challenges to strengthen the LA system (Table 3.1). Bangladesh Land Acquisition Diagnostic Review: 182 Legal and Institutional Framework, Procedures and Practices Appendix-C Figure 3.1. LA Challenges and Proposed Strengthening Measures Activity Challenges Suggested Measures Preparation of > It is difficult to identify the alignment and > Digital mauza maps or at least LA proposal the mauza names to collect mauza maps. scanned copies of the mauza maps should be available on the official > Collecting the mauza maps, largely websites of the DLRS and the DC from the DLRS and in some cases, the office. respective DC office takes more than a month. > Khatians should also be available online and open to the public. > It is difficult to collect the khatians from the land office and the AC (Land) office. > Anyone should be able to download the maps and khatians from the > It is difficult to obtain no-objection Union Information Center. certificates from the relevant authorities (which vary depending on the jurisdiction > The volume of documents required of the proposed land). for the LA proposal should be minimized. > It is time consuming to prepare and collect the many documents required for the LA > The major implementing agencies proposal. and their line ministries should establish a permanent social unit with > There is no permanent social/land unit specialized staffing, IT equipment, and with the RBs and their line ministries, the relevant logistics. constraining the appropriate management of LAs. > Specialist consulting firms could be employed to assist with the > There are staff limitations with the RBs preparation of the LA plan and and ABs to handle the tasks for LA as per proposals. the schedule. > The frequent transfer of officials in the > The transfer of officials assigned to a project to handle the acquisition LA section and the RB slows down the LA of land should be deferred for the process. project period. > LAOs should be allocated to a district based on the volume of LAs in that district. Two or more LAOs could be deputed when a huge acquisition is to be managed for one or several projects in a district. > LAO-related concerns should be written in the DPP. Feasibility and > There are schedule restrictions for onsite > The RB could provide staff and DLAC/CLAC feasibility assessment, holding DLAC/ logistics support to the DC office for decisions CLAC meetings, and the preparation and timely field feasibility assessments, signing of minutes. meetings, and the preparation and signing of minutes. > The law suggests completion of the feasibility assessment within 15 days, > The DC office and the RB should but it normally takes one to four months, be able to finance the field-level depending on the size of the acquisition. work and the participation of DLAC/ CLAC members in activities for the > DLACs meet once per month while the preparation of LA cases. CLAC only meets quarterly, so depending on timing, waiting for the next meeting of the DLAC/CLAC causes a delay in the entire process. National-Level Workshops 183 Activity Challenges Suggested Measures Joint > Depending on the size and location of > Staffing of the participating agencies verification the proposed land, a minimum of six and should be increased to adequately process a maximum of 12 months is required to support the management of LA complete the joint verification and the signing proportionate to the size and number of the joint verification field books (JVFBs). of projects. > Delay in notification under Section 4 of > All agencies participating on an LA ARIPA 2017, delay in DLAC/CLAC approval, case should visit the sites together. and hearing of objections by the DC and DivC cause delays in the conduct of the > The staff of the participating agencies joint verification. should be provided with allowances for the time spent on joint verification. > Unavailability of representatives of member agencies along with the DC team > Objections to LA should be heard and during the joint verification study delays resolved as early as possible to avoid the joint verification. a delay in opening the LA case. > When there is more than one project, the > Joint verification records signed situation becomes even more difficult. by the participants should be > The RB needs to lobby the AB and extend computerized and documented financial and logistical support for timely online. completion of the joint verification. > The staff of the RB, AB, and other > A quick and hasty assessment of the participating agencies should affected assets (losses) during joint undergo training under each project verification may miss a loss or record a that has a substantial amount of land loss incorrectly. proposed for acquisition, i.e. more than 50 standard bigha. > Preparing the JVFBs and having them signed by the authorized personnel takes longer than anticipated according to the law. > Sometimes the weather is unfavorable, which delays the joint verification. > There are limitations of manpower and logistics facilities within the RB, AB, and associated agencies. Valuation > The valuation process takes more than six > Staffing of the participating agencies process months for a given LA case depending on should be increased to adequately the size of the acquisition. support the management of LA > Delays in joint verification and finalization proportionate to the size and number of the JVFB delays the valuation of the of projects. affected land and assets. > Price records should be documented > Price records are manually documented digitally and kept online. with the relevant agencies and > The staff with the RB, AB, and researching the price of land transacted other participating agencies should during the reference period takes time and undergo training under each project resources. that has a substantial amount of land > There is no set price data for physical proposed for acquisition, i.e. more assets readily available with the valuation than 50 standard bigha. agencies and they need to assess the rates for a given project upon request > The staff of the participating agencies should be provided with allowances from the concerned DC offices. for the time spent to carry out the > The valuation agencies have staff valuation process. limitations and a shortage of resources to undertake the valuation exercise at the request of the DC offices. Bangladesh Land Acquisition Diagnostic Review: 184 Legal and Institutional Framework, Procedures and Practices Appendix-C Activity Challenges Suggested Measures Preparation of > Preparation of awards requires joint > Dedicated manpower for asset awards verification data, market price data, and valuation as per ARIPA 2017 should assessment of losses. be deployed. > Ownership records need to be collected > Additional budget should be kept in from the AC (Land) offices, and then verified the DPP for dedicated staffing for LA through onsite verification and consultation processing activities. with the persons interested (PIs). > RBs should keep sufficient budget > Price data needs to be collected from the for logistics support such as vehicles, Sub-Registrar’s office for land, the PWD daily allowances, and training. for structures, the DFO for trees, and the > Land ownership records should Department of Fisheries (DoF) for fish stock. be digitized and available online. > Collection of rates takes more time than Documents needed for LA proposals, expected according to the law. like the layout plan on mauza maps, the plot index, and the land > The mauza rate for land by category is schedule prepared digitally should be published; however, collection of the acceptable to the DC offices. previous one-year rates by consulting registered deeds is time consuming. > Relevant staff of the DC office, the PWD, the DFO, and the DoF should > Rate collection by the PWD is time be provided training on the LA and consuming due to a lack of staffing. valuation process using online data > The DFO and DoF can provide rates in less and GIS. time because they have published rates. > The Sub-Registrar’s office, AC (Land) office, and the PWD face severe resource constraints in providing price data. Notifications > The first notification is done under Section > The DC office and other associated 4 of ARIPA 2017. Notifications are also agencies should have additional done after final approval of the LA case trained staff proportionate to the under Section 7 and after preparation of number and size of LA cases they award under Section 8. handle. > There is a lack of manpower in the DC > There is a need to keep additional office for notifications. budget in the DPP for dedicated staff for LA processing. > There is a lack of logistics support and resources, such as vehicles, computers, > The possibility of using electronic printers, paper, toner cartridges, registers, fund transfers can be explored for and operations and maintenance for vehicles. the payment of compensation under the law. > There is also the constraint of accessing funds for field allowances for staff > Staff engaged to serve notices to working in the field for notification. the affected landowners should be provided with allowances for their > The DC office staff may not worry about time in the field. the requirements of the international financial institution but rather about the > RBs should keep a budget available legal requirements of the ownership for logistical support like vehicles and decision process. others for LA processing. > There is no oversight of the LA process with regard to ensuring quick and correct payments. However, the DC office often faces financial audits, and there is a risk of corruption complaints on wrong payments. National-Level Workshops 185 Activity Challenges Suggested Measures Ownership > The legal landowners appear in the > Ownership can be decided on the decisions khatian based on the latest settlement basis of khatians as per various survey done by the DLRS. Any transfer settlement surveys, transfer deeds, of ownership appears with the record succession certificates, lease deeds, through mutation. Mutation khatians are mutation khatians, tax payment available in the ULO, the AC (Land) office, receipts, and the like. and the DC office. > The ownership decision process should > Ownership decisions can take about 15 start from the very inception of LA days for titleholders with updated and planning. The LA planning consultants complete ownership documents. should carry out a plot-by-plot survey to identify the current owners > Ownership decisions can take about 45 and users of the land and verify days for titleholders with incomplete their documentary evidence. If any ownership documents but where the incomplete or disputed ownership is ownership is not contested. identified, the owners concerned can be supported to update their ownership, > Contested ownership must be settled by including mutation, miscellaneous the civil courts and it takes a long time, cases, or even a court appeal. sometimes 10 years. > The preparation of awards by the > Local politics, fake documents, delay DC office sometimes takes about a in mutation, lack of awareness about year from the date the LA proposal mutation, and lack of cooperation of begins to be prepared by the RB, the relevant land record offices lead to and if measures are taken, about 90 complexities in making land ownership percent of ownership issues could be decisions. resolved during this time. > Mauza maps should display not only the plot number, but also the dimensions. Grievance > Titles missing in the award book for > Mutation of land should be done not resolution land and/or structures, confusion over only for title transfers for current ownership of land and structures, ownership, but also to update the inconsistent assessment of losses, class and use of land. and undervaluation of property lead to > Joint verification can record the current grievances by persons with an interest in use and class of land for facilitating the acquired land and property. valuation on a real-time basis. > There should be a mechanism for dispute resolution based on onsite verification. There should be clear guidance from the MoL on this. > The LA proposal should involve the DC office and other associated agencies of the GoB and there should be appropriate budget allocation provisioned in the project DPP. Coordination The RB and AB can discuss and consult the other associated agencies about their and monitoring roles and availability requirements to undertake the LA. Through such a discussion and consultation process, a time-bound workable action plan can be prepared as per the MoL’s requirements. The MoL should be able to monitor the acquisition process through the DivC, and the latter should be provided with the necessary staff and logistical support from the project. Source: World Bank, compiled by the study team from expert workshop feedback. Bangladesh Land Acquisition Diagnostic Review: 186 Legal and Institutional Framework, Procedures and Practices Appendix-C 3.1.3. Discussion Topics The participants were asked to discuss their experience with the following key steps in the LA process to answer the questions below that are associated with each of the steps. Preparation of the LA Proposal: a. What are the activities in the process of preparing LA proposals? b. Can any other activities that contribute to preparing the affected landowners be done during the preparation of LA proposals? c. Are there any gaps and how can they be eliminated? d. Who needs what? e. How can the proposed measures be implemented? Feasibility and DLAC Decisions: Upon acceptance of the LA proposal by the DC office, an onsite feasibility and approval from the DLAC are the initial requirements. a. How much time is generally required to complete the field feasibility and obtain DLAC approval? b. What is the timeline, as per the law, for undertaking field feasibility, the DLAC meeting, and preparing the feasibility report to open an LA case? c. Are there difficulties usually encountered in these processes? d. Which agencies are involved in the processes and where do they encounter difficulties? e. Are there any ways to support them to expedite these activities? f. How can the proposed measures be implemented? Joint Verification Process: The purpose of joint verification is to assist with inventorying the affected land and other assets under a proposed LA case, including their current ownership and category. The process requires time and resources, and a lot of field travel and field-based activities by the DC office and the RB. a. How much time is generally required to complete joint verification and the signing of the JVFBs? b. What is the timeline, as per the law, for undertaking onsite joint verification and preparation of the inventory of affected assets? c. Are there difficulties usually encountered in these processes? d. Which agencies are involved in the processes and where do they encounter difficulties? e. Are there any ways to support them to expedite these activities? f. How can the proposed measures be implemented? Inventory and Valuation Process: Assessment and valuation of land and assets to be acquired is a critical process that involves the DC office itself, the RB, the upazila Sub-Registrar’s office, the PWD, the DFO, the DAE, the Department of Agricultural Marketing (DAM), the DoF, and any relevant other agencies of the GoB. Each of these agencies have their mandate to help the DC office with the field assessment, market survey, and determination of the market price of affected assets. The process requires time and resources, and many field visits and field-based activities. a. How much time is generally required to complete the valuation of land, structures, trees, crops, fish stocks, and others? b. What is the process and timeline, as per the law, for the assessment and valuation of the affected land and assets, and what is the actual practice? National-Level Workshops 187 c. Are there difficulties usually encountered in these processes? d. Where do the agencies encounter difficulties? e. Are there any ways to support them to expedite these activities? f. How can the proposed measures be implemented? Calculation of Compensation under the Law and Preparation of Awards: With the valuation reports and recommendations obtained, the DC office calculates the compensation for the affected land and assets and prepares awards. Joint verification data, market price data, and assessments of loss by the valuation agencies (if any) are the bases for the calculation. Ownership records collected from AC (Land) offices and verified through onsite observations and consultations with PIs may help identify the latest legal owners with relevant title documents. Using the data on the latest legal owners of the land and assets, and the compensation rates multiplied as specified under the law, the DC office prepares the awards. The process requires time and resources, and a lot of communication and document reviews. a. How much time is generally required to complete the preparation of awards? b. What is the process and timeline as per the law for calculating compensation under the law, making ownership decisions, and preparing awards? c. What are the actual practices on the ground and the difficulties encountered in these processes? d. Where do the agencies (DC office, AC (Land)) and affected persons encounter difficulties? e. Are there any ways to support them to expedite these activities? f. How can the proposed measures be implemented? Notifications: Following approval of an LA case, the DC notifies the affected landowners at various points in the LA process. The first notification is done under Section 4 of ARIPA 2017. Notification is done again after final approval of the LA case under Section 7 of ARIPA 2017. Upon finalization of the award and preparation of compensation estimates, the known owners are notified under Section 8 of ARIPA 2017. The process requires time and resources. a. How much time is generally required to circulate each of the notifications? b. What is the process and timeline, as per the law, for these notifications and what are the actual practices? c. Are there difficulties encountered in these processes? If so, what are they, who is experiencing them, and when? d. Are there any ways to support them to expedite these activities? e. How can the proposed measures can implemented? Ownership Decisions: The main difficulty in the timely completion of LAs lies with making ownership decisions. Lack of awareness of the legal requirements on the part of landowners, incomplete land transfers, disputed titles, and many other shortfalls with legal titles may delay the compensation process. a. What are the documents to establish the legal ownership of land beyond a doubt? b. Who play a role in the ownership decision process and what are those roles? c. How much time is required to establish legal title to land and property under acquisition for owners with updated and complete ownership documents? Bangladesh Land Acquisition Diagnostic Review: 188 Legal and Institutional Framework, Procedures and Practices Appendix-C d. How much time is required to establish legal title to land and property under acquisition for owners with incomplete ownership documents for which there is no dispute about ownership and possession? e. How much time is required to establish legal title to land and property under acquisition for owners with legal ownership documents but for which there is a dispute over the title? f. What is the cost involved to update legal ownership documents? g. What else is required to identify the person with legal title to the land and property being acquired? h. Are there any difficulties that affect the scheduled timeline for completion of LA for a project? i. What measures can be taken by stakeholders, landowners, the AC (Land), DC office, the RB to expedite ownership decisions? j. How can those measures be implemented? Complaints and grievance resolution: What issues commonly surface at the various steps in the LA process and what are the challenges in addressing any complaints or grievances raised? 3.1.4. Results of the Discussions Each group took on two sections to discuss; the key points and suggestions are provided below. Group 1 Led by Krishna Kanto Biswas Deputy Project Director Dhaka Mass Rapid Transit Project Group 1 presenting (photo by study team) National-Level Workshops 189 (1) Preparation of the LA Proposal Table 3.2 lists the activities and timeline for the LA proposal preparation process. Table 3.2. LA Proposal Activities and Typical Timeline Activities Length of Time Preparation of the land requirements according to the DPP 3 months Collection of mauza map indicating the proposed land on tracing 30-60 days cloth Preparation of layout plan on the mauza map 2 months Preparation of plot/land schedule 2 months Resettlement plan for affected persons 6 months No-objection certificate from RAJUK for Dhaka, and the appropri- 2 months ate city development authorities for cities other than Dhaka Clearance from the DoE Previously done Certificate on minimum land requirement Certification for religious or educational institution, including the 7 days necessity of the acquisition of that land During preparation of the reset- tlement action plan by the RB and Video film of proposed land/alignment before/during joint verification by the AB. Commitment letter that the proposed land is not being used for any other purpose 7 days Commitment letter for the payment of compensation according to the verdict of the arbitration appeal tribunal Completion of Cha Form 3 months Confirmation of sources of funding and organization providing Previously done funds Agreement letter in a particular form by the RB 7 days Administrative approval by the concerned administrative ministry 30 days Approval by the CLAC or DLAC 30 days Source: Group 1 participants, expert workshop. Length of Time Suggestions: > Websites to include mauza maps and land Preparation of LA information from the ULO – this would save a > Collection of mauza map (depends on the size lot of time. of the project), the present practice is 30-60 days Procedural Challenges > Collection of land information from the ULO. > Collection of mauza maps from the revenue record room of the DC office Bangladesh Land Acquisition Diagnostic Review: 190 Legal and Institutional Framework, Procedures and Practices Appendix-C > Collection of khatian and land schedule from > Make mauza maps and khatians available on the AC (Land) office a website. > No-objection certificate from RAJUK/Nagar > Develop a safeguards unit (environmental Unnayn Adhidoptar (City Development and social unit) in the ministries and RBs. Department)/DoE > Make funds available in a timely manner. > Identification of final alignment > In the AB, LAOs are transferred frequently, so > Compilation of a minimum of 32 items/ suggest that the same LAO be kept on for the documents for the LA proposal duration of a project. > LA-related procedures such as meeting times > Allocate LAOs based on the demand per of the DLAC and CLAC. The DLAC meets once district—if more projects are concentrated in per month while the CLAC meets only once one district, it should have more LAOs. every three months. If a meeting is missed, > More LAOs need to be employed and these then you have to wait a full month/three LAO-related concerns should be written in months for the next meeting, delaying the the DPP. entire process. > In India, authorized officers in each district Resource-Related Challenges handle LA and it is done very quickly, if a similar arrangement can be made in Bangladesh, it > Inadequate staffing in the LA section of the DC would be better. office > Channeling of funds at the proper times > Institute digital mapping. > Absence of a resettlement action plan implementing body for some projects (2) Feasibility and DLAC Decisions > Absence of a safeguards unit at the ministry/ > Feasibility – By law it should take 30 days to RB. complete the field feasibility, but in practice it take about three to four months. Suggestions > Reduce the items required for an LA proposal. > DLAC – Obtaining a decision takes one month. Group 2 Led by Dr. Rafeza Akter Resettlement Specialist Group 2 presenting (photo by study team) National-Level Workshops 191 (3) Joint Verification Process > Coordinate so that all agencies visit together. > Keep an option for the provision of an Length of Time: Two types of LAs for projects are honorarium for the joint verification team. implemented in the country (i.e. cluster-based LA > Expedite objection resolution. and linear-based LA). Based on the group’s field- level experience, it determined that a minimum of six > Implement digital recordkeeping of joint months to one year is generally required to complete verification findings. joint verification and the signing of the JVFBs. > Motivate RB and AB employees. Procedural Challenges (4) Valuation Process > Delayed DLAC/CLAC approval > Delayed issuance of notice under Section 4 Length of Time: Six months or more. (initial notification) Procedural Challenges > Delayed objection resolution by the DC/DivC > Delayed joint verification and JVFB finalization > Unavailability of different agencies’ personnel > Determination of the price of assets due along with the DC team during joint verification to manual recordkeeping in different > Number of projects is more than the current government agencies capacity can manage > Delayed deposit of compensation money by > The RB needs to regularly follow up with the the RB AB to keep the LA process moving. > Intentionally quick and hasty survey of the > Delayed objection resolution. affected assets by the joint verification team Resource-Related Challenges > Delayed JVFB preparation and signing by > Staffing limitations different stakeholders > Adverse weather > Logistics facilities limitations. > Lack of dedication of the relevant RB and AB Suggestions employees. > Increase staffing in proportion to the number Resource-Related Challenges of projects. > Staffing limitations > Implement digital recordkeeping of land prices. > Logistics facility limitations. > Motivate RB and AB employees. > Fast track objection resolution. Suggestions > Provide a dedicated honorarium – Rangamati > Increase staffing in proportion to the number has successfully done this and hence, LA is of projects. easier there. Group 3 Led by Saifullah Dastogir Senior Resettlement Specialist Consultant Asian Development Bank SASEC-II, Roads and Highways Department Group 3 presenting (photo by study team) Bangladesh Land Acquisition Diagnostic Review: 192 Legal and Institutional Framework, Procedures and Practices Appendix-C (5) Preparation of Awards > Provide necessary training to the DC office, and PWD, DFO, and DoF officials who are Tasks Involved involved in LA work. > Joint verification data, market price data, and assessment of losses (6) Notifications > Ownership records collected from the Tasks Involved AC (Land) offices, verified through onsite verification and consultation with PIs. > The first notification is done under Section 4 of ARIPA 2017. Notification is done again after Values Collected From: final approval of the LA case under Section 7 for a hearing and Section 8 for collection of > Land: Sub-Registrar’s office compensation money. > Structures: PWD Time and Procedural Challenges > Trees: DFO > Fisheries: DoF. > Lack of staffing in the DC office for notifications > Lack of logistics support like vehicles, Time and Procedural Challenges computers, and other necessary items for LA > Collection of rates takes more time than usual. payments > Mauza rate is published; however, collection > Budget constraints in the DC office for of the previous one-year rates from hard publication of notifications copies is time consuming. > Lack of efficiency and awareness of DC office > Rate collection by the PWD is time consuming officials regarding infrastructure project due to lack of staffing. issues like fines for delays in land handover. > The DFO and DoF provide rates in less time Suggestions because they have published rates. > Deploy dedicated manpower for asset Resource Challenge valuation as per ARIPA 2017. > Severe resource constraints in the Sub- > Add budget in the DPP for dedicated staffing Registrar’s office, the AC (Land) office, and the for LA work and payment. PWD with regard to determining their values. > Arrange for payment of compensation via online banking. Suggestions > Keep sufficient budget for logistics support > Deploy dedicated staffing for asset valuation like vehicles and others for LA payments. as per ARIPA 2017. > Digitize land records and have a digital format > Add budget in the DPP for dedicated staffing for the LA proposal (online user friendly), for LA work and payment. which will help expedite the process. > Keep sufficient budget for logistics support, > Provide necessary training to the DC office, like vehicles and others for LA payment. and PWD, DFO, and DoF officials who are > Digitized land records and a digital format for involved in LA work. the LA proposal (online user friendly) will help expedite the process. National-Level Workshops 193 Group 4 Led by Sayedur Rahman Resettlement Specialist Multipurpose Disaster Shelter Project LGED Group 4 presenting (photo by study team) (7) Ownership Decisions f. Cost involved to update legal ownership documents: a. Documents to establish the legal ownership of land beyond a doubt: > Bangladesh Taka (BDT) 10,000-20,000 (conveyance, government charge, and > Updated digital survey to be conducted informal incentives for land office staff for by the GoB. faster processing). b. Those that play a role in the ownership g. Other requirements to identify the person decision process: with legal title to the land and property being > Ward member/councilor, union acquired: chairperson, paurashava mayor, ULO, AC > Citizenship certificate (national (Land). identification card), payment of land fees/ c. Time required to establish legal title to land taxes. and property under acquisition for owners h. Difficulties that affect the scheduled timeline with updated and complete ownership for completion of LA for a project: documents: > Ownership problems > At least 15 days are required. > Local politics d. Time required to establish legal title to land > Fake documents and property under acquisition for owners with incomplete ownership documents for > Delay of mutation which there is no dispute about ownership > Lack of cooperation of other departments. and possession: > 30-45 days. i. Suggested measures to expedite ownership decisions by stakeholders, landowners, AC e. Time required to establish legal title to land (Land), DC office, RB: and property under acquisition for owners with legal ownership documents but for > Digitalization. which there is a dispute over the title: > Allocate honorariums. > 30-45 days and in critical ownership litigation cases up to 10 years. > Provide logistics support to the DC office. Bangladesh Land Acquisition Diagnostic Review: 194 Legal and Institutional Framework, Procedures and Practices Appendix-C Controversy over ownership of land and > Ensure allocation in the DPP. g structures j. Measures can be implemented by: g Inconsistent assessment. > Reporting to the MoL regarding the > Suggestions and Recommendations implementation of the measures stated g Need appropriate field verification. above. g Report to the DC office about > After approval by the MoL in accordance inconsistencies. with other relevant departments, rates > Additional Suggestions should be prepared and sent to the AB. g Timeline should be written into the action (8) Complaints and grievance plan. The DC in Pirojpur is practicing management this—if no timeline is included, then he does not accept the proposal. > Time and Procedural Challenges g Plot dimensions and coordinates should g Title missing in award book for both land be written pertaining to each project and and structures eventually, an overall map can be made. Participants’ Attendance National-Level Workshops 195 Bangladesh Land Acquisition Diagnostic Review: 196 Legal and Institutional Framework, Procedures and Practices Appendix-C National-Level Workshops 197 3.2. Consultation Workshop with Team of the World Bank in Dhaka, thanked them Implementing Agencies for their time and their honest intentions to benefit _____ the study with their experience and opinions. The Since the implementing agencies under the GoB LA process is known to be a major constraint on are among the key beneficiaries of the LADR, a the implementation of infrastructure projects, and day-long consultation workshop was held with a source of much anxiety for landowners affected the officials from these agencies responsible for by LAs. He gave a brief overview of the study dealing with LA for their projects. The workshop process as of February 2020 and introduced the was held in the conference room of the World study team. He emphasized how valuable their Bank office in Dhaka on March 9, 2020. participation will be in helping to analyze the existing LA system and develop a framework for strengthening the system in the immediate term 3.2.1. Introduction and for possible measures for systems reform in The workshop was attended by responsible officers the longer term. from the RHD, Bangladesh Bridge Authority (BBA), After a round of introductions, Dr. Hafiza Khatun BWDB, LGED, BR, BLPA, BIWTA, and Electricity briefly presented the goals and objectives of the Generation Company of Bangladesh. There was a study, the methodology and approach followed, lot of interest in the study among the participants and the initial findings of the study, such as lack of and they provided valuable insights into the a time-bound plan, a shortage of staffing, and an process of the preparation and implementation of uncoordinated land transfer and ownership record LA plans. update process. She concluded by requesting Welcoming the distinguished participants, Md. participants to give their comments and views Akhtaruzzaman, the Senior Social Development through their own presentations as part of the Specialist of the Social Sustainability and Inclusion next session. Participants at the Implementing Agency Consultation Workshop on March 9, 2020, World Bank office, Dhaka (photo by study team). Bangladesh Land Acquisition Diagnostic Review: 198 Legal and Institutional Framework, Procedures and Practices Appendix-C 3.2.2. Key Conclusions from the Consultation > Advance Income Tax is imposed on the compensation received by landowners Infrastructure projects requiring land often affected by LA. face challenges in the LA process ranging from resistance from landowners, non-compliance with > The DC suffers resource constraints in the LA the requirements of the bilateral and international process. Even though DCs receive a 2 percent development banks, and delays in taking contingency on the value of the LA, they possession of land for civil works. The constraints cannot spend from that fund. on the process leading to these consequences are > Ownership disputes require additional effort institutional limitations, personal interpretation from the DC offices if they are not referred of rules, incomplete land transfers, contested to the court, which consumes a lot of time, ownership, inaccessibility of land records, low delaying the process. level of awareness among landowners, low level of confidence of the officials in the ownership > There are contradictory requirements for LA decision process, inadequate or no accessible proposals as per the MoL Circular of 2019. resources for LA activities among the agencies There are requirements that are impossible to involved, absence of oversight and monitoring, comply with. and the like. > Although there is scope for this, the DC office often does not record the existing 3.2.3. Limitations of the Land Acquisition category of land during joint verification and Process keeps the recorded category, which leads to undervaluation of the land. The limitations discussed were as follows: > The implementing agencies use the services > The valuation agencies do not participate in of consultants and survey organizations in the joint verification of the affected land and preparing LA proposals for their projects. physical assets. Thus, when requested by the DC, they have to do another assessment, > The consultants and survey organizations duplicating efforts. preparing LA proposals do not always have the appropriate skills to prepare an accurate > The landowners affected by LA do not have LA proposal that satisfies the DC office. updated khatians mutated for individual owners and when the DC notifies them to > The LA section of the DC office is always receive compensation, contested claims delay understaffed to support the implementing the payment process. agencies in preparing accurate LA proposals. > Land and non-land assets are assessed > Absentee owners cannot be identified to by different authorized agencies for confirm their legal ownership and pay quantification and valuation, and there is a compensation. lack of coordination among them. > Once the award book is signed by the DC, it is > The DLAC is a multiagency committee and it very difficult to change it, even when there are takes time to get them all together to complete missing structures or incorrect information. the LA field feasibility within a given schedule. > The valuation agencies like the PWD and > LA proposals with proposed land of over DFO suffer from a lack of staff to attend to 50 standard bigha require approval from valuation requests from the DCs. This often the Prime Minister’s (PM) Office, which is a causes a delay in the process. duplication of control, since the DPP, which > The staff assigned to activities associated has an LA proposal in it, is already approved with the LA process find that there are no by the Executive Committee of the National incentives to do the extra work in addition to Economic Council (ECNEC), which is headed their regular job responsibilities. by the PM. National-Level Workshops 199 > There is no incentive to collect compensation > There is no accessible information window for landowners losing a marginally small or focal point in the DC office from which an quantum of land that is subject to the payment individual claimant can obtain information on of any taxes in arrears, which in most cases is how to produce a responsive compensation more than the compensation amount. claim. > In some instances, the cost for a landowner > LA integrated with a development project to have their ownership updated legally and affects the development project if there is any the cost to collect compensation outweigh the difficulty with the LA process. The RB may compensation amount. make a separate project for LA. > The budget for LA in the DPP is based on > Responsible officials with the DC office and preliminary estimates before the exact its LA section are at risk of making incorrect identification of LA needs, and therefore payments because of incomplete documents, falls short when the actual acquisition is which may lead to corruption cases against undertaken. them. The legal procedures to identify corrupt practices in the LA process are not known to > An environmental clearance certificate is a the financial auditors or the anticorruption condition for LA, and this creates an additional commission. roadblock in the LA process. > In the event of a natural disaster, the DC > There is no formal coordination between the office and other relevant agencies are fully RB and AB in the LA process, which creates occupied, which results in the suspension of uncertainty on being able to obtain possession the acquisition process for about six months. of the land and hand it over to the civil works contractor as per the work schedule. > In CHT, there is a lack of valid land documents, creating confusion regarding the payment of > Preparation of a complete LA proposal compensation during LAs. requires the collection of ownership records from the revenue record room of the AC (Land) > The resolution of ownership disputes in office, the ULO, or the DC office. Accessing the formal court takes a long time, up to 10 records is very difficult and takes a long time— years. There is no special legal system for about six months—delaying preparation of ownership resolution and settlement of LA- the proposal. related complaints other than the regular civil courts. > In most cases, an LA proposal prepared using digital methods will not be accepted by the 3.2.4. The Agenda for the Open Discussions DC offices. Preparing it manually takes longer than preparing it digitally. The participants were organized into groups by > There is no overall time-bound action plan agencies, given the following issues to discuss, although the law on LA has provisions for and then asked to present their experiences, required trained staff, accessible financial assessments, and recommendations for resources, and a timeline for some of the strengthening the process. specific actions with set responsibilities. (1) Preparation of the LA Proposal: > In most cases it is not possible to obtain a. What are the activities in the process of possession of the land before the mobilization preparing LA proposals? of contractors; sometimes, payment of compensation is possible for only about 10% of b. What else can be done to strengthen the affected landowners before the mobilization process? of contractors. Bangladesh Land Acquisition Diagnostic Review: 200 Legal and Institutional Framework, Procedures and Practices Appendix-C (2) Coordination with DC Offices: Upon d. How can those measures be acceptance of an LA proposal at the DC office, implemented? the RB continues coordinating with the DC office, and to some extent the landowners, 3.2.5. Results of the Open Discussions for payment and obtaining possession of the land. The participant agencies were separated into four groups for discussion. The LGED and BR a. Is it always possible to obtain possession formed Group 1. BBA and the RHD formed Group of the land before the mobilization of 2. The BWDB was Group 3, and BLPA and BIWTA contractors? formed Group 4. Attendees from the Electricity b. Is it possible to complete payments fully Generation Company of Bangladesh could not before taking possession of land from the join the open discussion session as they had a DC? If not, how much is possible? prior commitment. However, the LGED and BR c. What additional measures can be taken presented separately: to complete payments before taking possession of land for civil works? Group 1 Local Government Engineering Department and Bangladesh Railway The LGED and BR group in discussions (photo by study team) Presentation BY the LGED proposals are submitted to the DC office, the LA section finds lot of deficiencies. The The LGED highlighted institutional capacity in whole thing needs to be redone to satisfy the preparation of LA proposals as well as the the DC office. In some cases, the services of processing of LAs by the LA section of the DC surveyors from the LA section of the DC office offices. are used for preparation of the LA proposals. However, it is always understaffed. They are LA Proposals often unable to undertake the necessary > The LGED uses the services of consultants activities for completing the LA proposals and and survey organizations for land surveying the surveys for validating those. Therefore, and the preparation of LA proposals. This institutional strengthening of the LA section costs time and money. However, when the should be undertaken. National-Level Workshops 201 > Budget provision should be made in the DPP Measures for additional staff and logistical support to the concerned LA sections to process LAs > LA should not be used as a tax collection tool (tax arrears should not be taken out of efficiently. compensation payments). Coordination with the DC > Payment by the DC at a site chosen by > Land and non-land assets are assessed the landowners can build trust with poor by different agencies, and there is a lack landowners. of coordination among them. There should be a clear and well-defined assignment of > Create a win-win situation by making sure that responsibilities and a timeline for completing the owners of the land become immediate the estimation. beneficiaries through the compensation package. The LA for the Hyderabad airport > The valuation of buildings should be given in India was mentioned as a good example. to the RHD, the PWD, or other engineering In this case, the people from whom the land departments that have the capacity to make was acquired for the airport were given the such an estimation. opportunity to be employed at the airport itself. Possession of Land before the Mobilization of Contractors > Involve local people through a structured participatory approach. Local people should > LA for projects under the LGED are generally feel a sense of ownership along with the small in scale. Loss of land by individual development partners for the success of the landowners is sometimes negligible compared LA process. to their total holdings. > Compensate land with other land or pay > It is not always possible to obtain possession compensation at replacement cost. of the land before the mobilization of contractors; it is generally possible in only > Given that both LA and resettlement involve about 60% of cases. Some of the reasons complex procedures, it should be started at behind this are: least one year before the actual investment g The amount of tax in arrears is higher takes place. than the compensation. > Additional staffing is needed for the RBs as g Affected landowners were residing well as the DC offices. abroad. > Ownership documents should be updated. Compensation was used as a tax Often after a change of ownership, the new g collection tool. owners do not update the land papers. g The reluctance of some of the large landholders to collect compensation > Digitalize the payment process (can be done money if it is a minimal amount. via electronic fund transfer). g Strip acquisition can be an issue. > The LA process could also be done using online programs. g It might not be viable for the affected landowners to use the remainder of a Additional Suggestion during the Discussion land plot after acquisition as it is currently being used. > According to the previous law (the Acquisition and Requisition of Immovable Property Ordinance 1982 (ARIPO 1982)), no one was allowed to enter onto a piece of land except for Bangladesh Land Acquisition Diagnostic Review: 202 Legal and Institutional Framework, Procedures and Practices Appendix-C the DC. However, the present law (ARIPA 2017) > Surveyors, kanungos (who are subordinate includes a provision that states that a person revenue officers/recordkeepers/examiners), can enter onto a piece of land for demarcation and LAOs could be seconded to DC offices purposes if they have permission from the where there are more LAs taking place from DC. Thus, this permission should be obtained DC offices where there are comparatively beforehand to facilitate the LA process. fewer LAs. There is the example of Cox’s Bazar, where a large amount of land is being acquired Presentation from BR but there is only one LAO and three surveyors. Measures to Strengthen the Preparation of LA In such cases where there is a severe staffing Proposals shortage and a large LA proposal taking place, the DC could request the MoL to second LAOs > In cases where there is no registered deed of and other LA staff to its office. partition, issues arise when the DC comes to physically check before payment. To resolve > Where there is ambiguity in terms of land this, during the first onsite feasibility review, ownership, payment could be made to a joint local people could be asked to update their account created for all the owners involved. land ownership records; all suitable means of > When the award book is signed by the DC it is communication should be used to ensure that very difficult to change it, even when there are all individuals are reached. missing structures or incorrect information. To Coordination with the DC Offices and Landowners make it easier, a committee could be formed by the DivC’s office that would have the power > It is not always possible to obtain possession to change the award book in consultation with of the land before the mobilization of the DC. contractors. > There should be a team dedicated to working > It is not always possible to fully complete the on LA at the headquarters of the Forest compensation payment process before taking Department and the PWD. possession of the land from the DC, as it varies based on the place, time, and people. Preparation of LA Proposals Measures > The land management system should be digitalized. > The power of the DCs to spend their budget on LAs should be enhanced. Group 2 Bangladesh Bridge Authority and the Roads and Highways Department The combined BBA and RHD group (photo by study team) National-Level Workshops 203 The LA section of the DC office should be > It might sometimes be possible to complete strengthened in terms of LA with dedicated payments fully before taking possession of officers. the land from the DC. > To prevent unnecessary delays, an oversight > A measure that can be taken to accelerate committee should be formed at the MoL with payment is to obtain an allocation for LA subcommittees in the DivCs’ offices with the before the DPP is approved. Also, a joint necessary rights and authority to monitor the committee could be formed that would be LA process carried out by the DCs. headed by an RB, with representatives from each of the concerned agencies to evaluate > When the ECNEC approves a DPP with land the cost estimates of all immovable properties. for a large project (involving more than 50 standard bigha of land), the need for further > These measures can be implemented by approval could be avoided by creating a link enacting an act and corresponding rules. between the MoL and the ECNEC. Additional Suggestion during the Discussion > Sales tax and VAT should be exempted for LA affected people. > To tackle the staffing shortage, certified > There should be a contingency in the DPP, surveyors chosen by the MoL or the DC office similar to the 2 percent contingency that is who can write appropriate LA proposals could given to the DC, for LA for the RBs. be hired by all of the RBs. > The LA process should not be hampered DPP Issues because of an ownership dispute. To tackle > The proposal initiator must have a good this, a special law needs to be put in place to knowledge of LA to ensure appropriate ensure that the LA work continues even while costing and valid measurements. the dispute is being resolved in court. > Provisions for extra staffing through > A detailed format should be provided by the outsourcing and logistical support should be MoL for LA proposals that consultants can included as part of the DPP. use when compiling the LA proposal. There should be a provision for honoraria for Coordination with the DC Office and Landowners department personnel (the RB and AB). > It is not always possible to obtain possession > The acquisition process should be completed of the land before the mobilization of before the mobilization of contractors. contractors. Group 3 Bangladesh Water Development Board BWDB group participants (photo by study team) Bangladesh Land Acquisition Diagnostic Review: 204 Legal and Institutional Framework, Procedures and Practices Appendix-C Resettlement Activities Operator-1, Driver-1, Chainman-2, Peon-1 for the LA section of the DC offices are required > Provision for miscellaneous expenditures for smooth LA processing. > Expenditure for mutation > The acquisition process should be completed > Contingency for unforeseen cost. before the mobilization of contractors. Suggestions for Preparation of LA Proposals Preparation of the LA Proposal > After approval of the DPP, an extra > Main activities for the LA proposal: administrative approval should not be required since the ECNEC, which is the highest 1. Site selection body, has already approved it. 2. Preparation of land schedule with mauza map > An extra environmental clearance should not be required since the DPP is approved after 3. Administrative approval environmental clearance. Preparation of ownership as per the record (Cha > After submission of the proposal, the DLAC Form) meeting should be conducted as per the 4. DoE clearance for LA existing rule. 5. Project approval letter > Joint verification should be conducted by all agencies (the RB, AB, PWD, DFO, and others). 6. Confirmation of budget provision > A special coordination meeting between all 7. Layout plan the RBs and ABs should be arranged by the 8. Video documentation DC every month. 9. Undertaking from the RB. > There is a 2 percent contingency provision for expenditure by the DC office. This contingency > Problems: amount of 2 percent should be flat for all 1. Delay in getting information on ownership government projects. as per the record (six months) > Sufficient manpower in both the RB and 2. DoE clearance AB. Staff positions like Assistant Revenue Officer-1, Revenue Surveyor-01 for RBs 3. Expenses for preparing the LA proposal and Assistant Director-1, Assistant Revenue 4. Lack of staffing and logistical support. Officer-1, Revenue Surveyor-1, Data Entry Group 4 Bangladesh Land Port Authority and Bangladesh Inland Water Transport Authority Combined BLPA and BIWTA group (photo by study team) National-Level Workshops 205 > Measures to strengthen the process: > After natural disasters, the DC office and other relevant agencies are fully occupied, which 1. Khatians and maps should be digitized results in the suspension of the acquisition and everyone should have access to process for up to six months. them. 2. A time-bound system for the LA process > It was also noted that for CHT, there is a lack should be introduced for all agencies. of valid land documents, creating confusion regarding compensation distribution during 3. Staffing should be increased in the RB LA. for LA. Also, logistical support should be provided to the LA officials. > Measures for complete payment and LA: Coordination with the DC Offices and Landowners 1. The notices by the DC office under > In most cases it is not possible to obtain Sections 4 and 7, and other notices for possession of the land before the mobilization affected people should be properly of contractors. issued. > It is not possible to complete payments fully 2. Dedicated officials (ADC (LA)/ADC before taking possession of the land from the (Revenue)/LAO/kanungo/surveyor) DC. Based on experience, it is only possible should be deployed for LA. for 10% of the cases. Bangladesh Land Acquisition Diagnostic Review: 206 Legal and Institutional Framework, Procedures and Practices World Bank consultants documenting workshop proceedings, March 9, 2020 (Photo by Study Team) 3. Monitoring should be conducted by the 7. The RB could organize a separate project higher authorities (DivC, MoL, and other for LA. relevant agencies). 8. The frequent transfer of LA officials (DC/ 4. A national-level committee, headed by an ADC/LAO) should be minimized. Additional Secretary of the MoL, should 9. There should be training for LA officials. be formed to monitor, coordinate, and expedite the LA process. 10. Safeguards against corruption cases for DC and RB officials should be in place. 5. For preparation of the LA estimate, a district-level committee could be 3.2.6. Further Discussion formed, headed by the ADC (LA)/ADC (Revenue) and comprising the Sub- After the presentations, Dr. Hafiza Khatun asked Registrar and officials from the PWD, RB, the participants if a legally binding grievance DFO, DAM/DAE, DoF, and other relevant redress system between the RB and the MoL organizations. headed by a judge could be a possibility for LA. In the discussion that followed, it was pointed 6. A help desk could be established to assist out that a provision for appointing an arbitrator is people affected by LA. already in place. National-Level Workshops 207 Participants’ Attendance Bangladesh Land Acquisition Diagnostic Review: 208 Legal and Institutional Framework, Procedures and Practices Appendix-C National-Level Workshops 209 Bangladesh Land Acquisition Diagnostic Review: 210 Legal and Institutional Framework, Procedures and Practices Chapter 4 Field Tours and Consultations The study team visited Nilphamari, Khulna, roles, capacities and constraints, and land record Bagerhat, Pirojpur, Chattogram, and Rangamati management, including title transfers and the districts to collect data and information from khatian updating process. relevant agencies of the GoB associated with LA for development projects. With support from the DCs 4.1.1. Meeting at the DC Office of these districts, the team consulted government On the first day of the tour of Nilphamari, the DC officials in the revenue sections and LA sections of arranged a meeting with all the RBs 3 and the AB.4 the DC offices, AC (Land) offices, field offices of the The LA process was discussed, with examples implementing agencies, the PWD, the DFO, and from a number of LA cases under different projects affected landowners. provided. Looking at the list along with the status of each LA case revealed that most of the cases are 4.1. Tour of Nilphamari District and small in size, less than 15 acres, and are in the final Saidpur stages. A suggestion from the participants was _____ that there should be a written provision requiring A tour of Nilphamari District was undertaken by the deposit of the estimated amount in advance so the study team during November 26–28, 2019 that the money is not lost because of the yearly to collect data and information from the field for financial closure. One of the RBs (the Principal of the LADR. The study team visited the Nilphamari the Government College, LA Case No. 05/2018- DC office and met with the relevant officials to 19, 2.13 acres, Section 7 in progress) stated that obtain information on the LA process, institutional the LA process and payment system should Meeting at the DC office, Nilphamari (photo by study team). 211 be digitalized, and payment should be made protect against claims for fraudulent structures. electronically. The DC, head of the district AB, However, pending preparation of a rule for video assured the team that the compensation money documentation, it would be helpful to have a soft would go online using electronic fund transfer in copy of the video circulated on the DC’s website. the next week. At another point, the DC stated that if the land is not used for the purpose for which it Although the meeting did not come to any final was acquired it should be taken back by the DC. resolutions, it was an entry point for the team’s One UNO suggested that any unused land after next program and was very helpful in garnering acquisition should go back to the original owner. the support of other departments. There is currently an LA in process of about 500 Important newly completed and ongoing LA cases acres for the Saidpur Airport Internationalization are: Project, which has land proposed for acquisition from many departments. > The Saidpur Airport Internationalization Project The DC himself highlighted that the joint verification and preparation of the JVFB is an important > The Nilphamari-Saidpur Road Project factor insofar as it relates to determination of the > The Bangladesh Small and Cottage compensation amount, so this book should be Industries Corporation Project verified by a third party. One of the officers of the > The Bangladesh-India pipeline project by study group viewed this subject differently. In his Bangladesh Petroleum Corporation opinion, introducing a new level of review at this stage would be a waste of valuable time and staff > The fertilizer storage facility project by resources; instead, the LAO, who is exclusively Bangladesh Chemical Industries Corporation. entrusted with this job, should be present in the field at the time of verification and the LAO’s 4.1.2. Meeting with the LA Section of the DC signature would attest that it is accurate. Office One officer addressed the issue that as per ARIPA The next day the team interviewed the LA section 2017 and the ARIPA Circular, in giving notice under of the district exclusively and found that it has had Section 4, all PIs should be informed, including the no kanungo for a long time, but it has other field predecessor owners. This practice creates a lot of staff. The positions allotted for the LA section and litigation, so only the latest owners in possession their status are provided in Figure 4.1. appearing in the mutation records following transfer or partition of titles are notified. There is an allotment for one surveyor, which is filled. However, having only one surveyor seems One officer opined that in interdepartmental to be inadequate in the present context for the transfers, owners of the land (i.e. the department number of LA cases and number of infrastructure that owns the land) should be given all of the land projects in Nilphamari. The LAO is also an rather than having to give most of it to the MoL. important post in this LA section, but he has been The Executive Engineer of the BWDB expressed entrusted with the Nezarat Deputy Collectorship in his frustration that people are erecting structures addition to his normal duties. The Nezarat Deputy within the boundary of land proposed for Collectorship is a busy post that works with the acquisition with the dishonest motive of obtaining DC and also has protocol duties associated with excessive compensation if the LA proposals are Saidpur Airport. So the LAO has hardly any time not implemented in a timely manner. One of the to carry out his LA section work. This hampers members of the study group stated that the video the functioning of this section. Therefore, the that is used at the time of making the formal LAO should be exclusively assigned to LA work. proposal should be prepared in a proper way, To be efficient, the number of surveyors should stating the landowners’ names and plot nos., etc.; be increased to two, and accordingly, two more the GoB could formulate a procedure for the video chainmen should be allotted. documentation, which is important evidence to Bangladesh Land Acquisition Diagnostic Review: 212 Legal and Institutional Framework, Procedures and Practices Appendix-C Figure 4.1. LA Section Staff, Nilphamari DC Office DC (Posted) ADC (Revenue) (filled) LAO (filled, but he is busy with other work and additional responsibilities.) Kanungo (vacant) Surveyor (1) (the number is not enough for Nilphamari). Chainman (2) (filled, if the number of surveyors is increased, the chainmen should be increased accordingly.) Per the list of LA cases in the district since 2016, baya daleels of the previous owners might also there are 31 cases in all, of which 25 cases are be required in the case of disputes. If there is no less than 15 acres and have been completed in dispute, the case is straightforward, and the latest one or one and a quarter years. There seems to owners in possession as per the mutation khatian be no problem with these small-sized cases. The and updated rent receipt should not need to former LAO who is presently in charge of another produce the baya daleels. If there is any dispute section told the team that there is no time-bound over a claim, then these should be sought. The LA plan to complete the case as per the requirement section has an inadequate supply of stationery of the ARIPA Circular. She also stated that joint and logistical support, although they receive 2 verification and preparation of the JVFB could not percent as a contingency from each LA case. completed within a week as per the ARIPA Circular. The GoB does not allow use of those funds in a The PWD and DFO are usually late in preparing straightforward manner. The DC can spend up to their estimates. She was asked about the payment BDT 100,000 after obtaining approval from the procedure and what papers are required for DivC, but the DCs do not usually avail themselves receiving compensation money and replied that the of this opportunity. The GoB should give usual papers are required for withdrawing money. permission to the DCs to spend these funds at their However, she admitted that the field khatian (a discretion for efficiency. There is no transport for document for proving possession during the the surveyors to inspect the sites. The surveyors revisional cadastral survey) may not be required could be given a motorcycle for their site visits out as it is an exaggeration of the documentation of this contingency fund. requirements. If the land was purchased by the compensation claimant, the DC office may also Ownership determination: Initially, the kanungo ask for transfer deeds of the previous owners and surveyor check all ownership documents. The (known as “baya daleels”). This should not be the process starts after the service of notice under case in general. The officer admitted that these Section 8. The compensation claimant submits Field Tours and Consultations 213 photocopies of the ownership documents, which No compensation is paid to a land losing are verified with the originals on the day of the person (LLP) until the co-sharers amicably or hearing. The following documents are submitted: otherwise resolve their dispute. Until then, the money is kept in a Public Account. The surveyor > Khatian, land development tax receipt, shared his long, 35 years of experience, and mutation khatian, and duplicate carbon observed that disputes among co-sharers receipt that evidences the payment of charges delay the payment of compensation. He found concerning the mutation of property collected ownership and possession determination as from the UZLOs and ULOs. well as payment of compensation easy where > Printed khatian and mauza map (from the new land records had been issued following a upazila settlement office or settlement office settlement operation. located in another district, i.e. Rangpur). A settlement operation in Nilphamari is ongoing. 4.1.3. Visit to the District Revenue Record Room > Registered deed (from the Sub-Registrar of The team also inspected the district revenue the upazila where the land is situated. Deeds record room, which is where all land ownership registered before 1971 may be found in other records are preserved, and landowners can Sub-Registrar’s offices). collect a copy of them for a nominal fee through If the land is jointly owned among a family, court fee stamps. The revenue record room has the claimant has to submit either a registered records from the pre-zamindari period to the partition deed, a joint petition of the co-sharers, current period. Recently, the GoB digitized all or a succession certificate issued by the Union cadastral survey records, khatians, and maps, and Parishad Chairperson. Ownership determination a record can be obtained online quickly—in three is also easy where the khatian contains the days—which previously took seven days or more. ownership information of a single owner. Anyone can apply for a record online and get a certified hard copy. It is a very positive change Cases of disputed ownership are heard and in respect to access to information. The records decided in the presence of all parties. Generally, can also be accessed directly online on the ownership disputes arise where: (1) land is government land management service websites. recorded jointly and no partition deed is executed among the successors following the death of The DC office revenue record room is situated any of the recorded owners; (2) there is a civil in a separate building, which was originally a case among co-sharers or adjoining owners subdivisional revenue record room and later or possessors over ownership or possession. upgraded to the district revenue record room. It The district Citizen charter revenue of the revenue record room record room in Nilphamari (photo by study (photo by study team). team). Bangladesh Land Acquisition Diagnostic Review: 214 Legal and Institutional Framework, Procedures and Practices Interview with LLPs of LA Case No. 11/16- 17 at the project site (photos by study team). maintains paper as well as digital records of mauza Seven people were interviewed. They all said that maps and khatians, along with other records although their land’s existing class was “Danga” prescribed by the Record Manual. The AB, RB, and (highland), they were compensated only for “Dola” LLPs need to collect the relevant land information (lowland). The reason for this is that the land record from this section. The team inspected the district showed it as “Dola” although they used it as “Danga” revenue record room. The citizen charter displayed and paid rent at that rate. There is a provision for at the entrances provides all the necessary the DC to change the land class at the time of joint information for persons and organizations who need verification, but he did not use his authority to certified copies of land records. The text and graphic change the class at that time. The people further data in both paper and digital format are available. appealed that the owner of the project (Bangladesh Anyone can apply for records online (https:// Chemical Industries Corporation) should give them eksheba.gov.bd/service/). The eksheba application preference for jobs in this godown. The study team is in Bangla script. It is in its early stages and needs inquired if any undue advance was given to the further improvement to make it more user-friendly. DC’s office and was told no. The union information center run by the respective Union Parishad provides support to citizens for a fee. 4.1.5. Case Review of Bangladesh Water Development Board 4.1.4. Interview with Affected Land Losing Persons In the afternoon, the team spoke with the Executive Engineer of the BWDB, Nilphamari O&M Division, The affected people were interviewed on the stationed at Saidpur, about his LA problem for the second day of the tour of a completed project Testa Barrage Canal in Parbatipur Upazila under known as Buffer Fertilizer Godown Construction Dinajpur District. The stages of the acquisition Project (LA Case No. 11/16-17, land area 3.80 acres, process (LA Case No. 02/2008-9, 71.29 acres) are RB - Bangladesh Chemical Industries Corporation). provided below in Table 4.1. Newly acquired land by Bangladesh Chemical Industries Corporation for construction of a fertilizer warehouse (photos by study team). Field Tours and Consultations 215 Table 4.1. Stages of Acquisition Process for LA Case No. 02/2008-9 No. Item Date Time Taken Comments 1. Proposal submitted June 9, 2009 LA Case No. 02/2008-9 2. DLAC August 26, 2009 78 days later 3. Preliminary notice October 11, 2009 76 days later It took 3 months for the DC 4. Sent to the MoL February 4, 2010 86 days later office to send it to the MoL. Back to the DC office with 5. February 21, 2010 17 days later queries 6. Resent to the MoL March 17, 2010 24 days later Sent to the PM office for 7. April 8, 2010 22 days later Approval by the MoL took 3 permission months. Sent back to the MoL with 8. April 18, 2010 10 days later approval Sent back to the DC office with 9. May 16, 2010 28 days later approval It took almost one year 10. Estimate prepared May 29, 2011 354 days later for the DC to prepare the estimate. The RB was not able to deposit After 779 days had elapsed, the LA case was cancelled, as the money was 11. the estimated amount of BDT not deposited on time. 99.5 million on time. Source: BWDB, Testa Barrage Canal (LA Case No. 02/2008-9). The above LA case was cancelled because the estimated cost was not deposited on time. The reason for this is that the cost of land had increased from BDT 0.55 million to BDT 3.45 million per hectare and the RB did not have the full amount of money (BDT 99.5 million) to deposit. The RB had to revise the DPP and submit a new proposal. The stages of the acquisition process for this new proposal (LA Case 02/2013-14, 71.29 acres) are provided in Table 4.2 below. Table 4.2. Stages of the Acquisition Process for LA Case No. 02/2013-14 No. Item Date Time Taken Comments 1. LA case resubmitted June 12, 2013 LA Case No. 02/2013-14 2. DLAC September 25, 2013 105 days later 3. Preliminary notice November 13, 2013 49 days later Permission from the MoL and 4. February 2, 2014 81 days later PM’s office 5. Requisition for estimate May 8, 2014 75 days later 6. Deposit of money by the RB June 30, 2014 53 days later Total time taken – 570 7. Handover December 7, 2014 160 days later days Source: BWDB, Testa Barrage Canal (LA Case No. 02/2013-14). For this LA case it took almost 1.5 years to obtain possession of the land. Preparation of the compensation estimate took 2.5 months. However, this LA case was processed under the previous law (ARIPO 1982). Bangladesh Land Acquisition Diagnostic Review: 216 Legal and Institutional Framework, Procedures and Practices Appendix-C 4.1.6. Visit to the AC (Land) Office 4.1.7. Case Review of Saidpur International Airport The main function of the AC (Land) is to update ownership records and collect GoB land rent. The Civil Aviation Authority is acquiring a total of 516 The land records are printed out at the time of acres of land for expansion of the Saidpur Airport the cadastral survey operation. In Nilphamari under the Saidpur Airport Internationalization District, the first cadastral survey was done in the Project (LA Case No. 02/2018-19). The LA was 1930s, then revised in 1956, and a third revision proposed at the time that ARIPA 2017, which was made recently. If any ownership is changed repealed ARIPO 1982, was being introduced. after the operation, then the AC (Land) changes The first notice of acquisition was served under the ownership by handwriting in pen, which is Section 3 of ARIPO 1982, the former law. The known as a mutation khatian, but the officer local people, especially the affected landowners, cannot change the printed record. The AC (Land) began to oppose the proceeding and demanded cannot make it public since there is no system set enhanced compensation under the new law, up for this information to be incorporated with the ARIPA 2017. The GoB, on the recommendation of land records kept in the district revenue record the local authorities and elected representatives, room. Moreover, the AC (Land) cannot change accommodated the demand of the landowners the map. The AC (Land) Sadar opined that those by recognizing their claim of enhanced maps could be corrected if he had the tools to compensation under the new law. All proceedings revise them. He said that these tools might be of the acquisition thus far were revoked, and a offered if the land survey system is modernized. new proposal was submitted by the Civil Aviation Under a modernized system, the petitioners (the Authority following the revision of the DPP to landowners requesting a change to their land accommodate the enhanced price of land as per records) will have to come to the office only once, the new law. This process took time to complete at the time of the hearing, and at that time, they before the acquisition process could resume. The will be able to receive the final order. Under the stages of the acquisition process and timeline are existing system, they need to visit the land office a presented in Table 4.3: number of times to obtain the final order. Table 4.3. Stages of the Acquisition Process for LA Case No. 02/2018-19 No. Item Date Time Taken Comments 1. Proposal submitted October 21, 2018 2. Videography of project November 17, 27 days later sites completed 2018 3. Proposal revised February 11, 2019 86 days of later Proposal was revised taking the new ARIPA 2017 into consideration. 4. Preliminary notice under March 21, 2019 38 days later section 4(1) of ARIPA 2017 5. Joint verification and May 30, 2019 70 days later Joint verification was completed JVFB completed more than two months after the preliminary notice was served. 6. Second revision July 18, 2019 119 days since preliminary notice 7. Estimate preparation In progress As of November 2019, estimate preparation was in progress as the revised budget for enhancement of 8. Notification under In progress compensation rates for the ARIPA Section 7 2017 was to be approved in the revised DPP. Source: Saidpur Airport Internationalization Project, Saidpur, November 27, 2019. Field Tours and Consultations 217 The joint verification could not be completed Land Office Saidpur, Md. Ashikur Rahman, and within 21 days of the first notification of acquisition Union Land Assistant (Acting), Bangaleepur (under section 4(1) of ARIPA 2017) as mentioned in Saidpur. the ARIPA Circular. Revisional survey records of the ongoing settlement operation 1990-2019 is used by the 4.1.8. Meeting with the Executive Engineer, Saidpur land offices. Presently only 5-10 percent RHD, Nilphamari of the information in the revisional survey records The team visited the Executive Engineer’s office match the on-the-ground reality. The share of of the RHD in Nilphamari. He has a very big stake each owner is mentioned in khatians with multiple in LA. There are currently four LA cases, of which owners and plots, but the actual possessors of land has been handed over in one case, estimates each respective plot are not recorded. have been prepared but funds have not yet been Updating of land information is done through the deposited because of a shortage of funds with the mutation or partition of a landholding. The new RHD in two other cases, and in the fourth case, land record with updated information is known estimate preparation is in progress. as the mutation khatian. Currently, a new app known as e-Namjari (e-mutation) is in operation 4.1.9. Visit to the Sub-Registrar’s Office for online submission. Under this system, the The team visited the Sub-Registrar’s office on owners need to come to the office twice to update the final afternoon of the tour on November 28, their land records. The officials at the land offices 2019. The Sub-Registrar registers all types of land explained the role of the AC (Land) and his staff transactions: sales, purchases, gifts, partitions, in LA cases. leases, agreements on any other indenture or The team then visited the UNO office, the UZLO, covenant. The system used is an old, manual the RHD office, and the Sub-Registrar’s office. The system. The deeds are preserved in volumes of team interviewed AC (Land) Nilphamari Sadar, the books with handwritten entries, and sometimes surveyor of the UZLO, the union sub-assistant the handwriting is hard to read. There is a land officer of the Kundupukur ULO, Uttom Kumar procedure whereby if the land is transferred, the Singh (Poura land assistant), Nilphamari Sadar. Sub-Registrar has to notify the AC (Land). This Two landowners, Md Shariful Huq Pradhan (62) notification is also handwritten, and legibility is and Md Akramul Huq Sarkar (60), who came to the again an issue, as it is hard for the AC (Land) office AC (Land) office at the time of our visit to update to read, and thus usually, the office does not take their ownership records were interviewed. The any action on the notice. If a landowner or other union land officers made a few recommendations person wants to access information related to a to simplify land information management. The land transfer, they must apply manually and wait roles and responsibilities of these offices in LA a week for the information. There is no endeavor proceedings were also explained. to digitize the Sub-Registrar’s records. 4.2.2. Notable Observations, Lessons Learned, 4.2. Visit to Saidpur Upazila _____ and Suggestions The team visited land offices and some Important observations gleaned from the implementing agencies of projects in the area. meetings are as follows: Details of the interviews are provided in the following sections. > The LA process needs complete transparency and further simplification. 4.2.1. Information Sharing Meetings > On average, two years’ time is required from The team met with AC (Land) Parimal Kumar the start of an LA case until handover of the Sarkar, Azizul Islam, Poura Land Assistant, Poura acquired land to the RB. Bangladesh Land Acquisition Diagnostic Review: 218 Legal and Institutional Framework, Procedures and Practices Appendix-C > All LA cases need to be categorized as small, engage another level of authority to check medium, or large based on the quantity of land the joint verification, and might suggest proposed for acquisition. The time allocated such measures to higher authorities. The for each stage of the LA process should be consultant’s finding in this respect is that this based on the category. Joint verification, will be a waste of time and resources, since preparation of the joint list, compensation if at the time of joint verification, the LAO is assessment, title verification, and ownership present, then there should be no doubts or determination require a longer time for large suspicion about the joint verification. The LAOs projects and less time for medium to small should exclusively perform this function. projects. > The LA section of the DC office asks for > The participants’ perceptions were that former transfer deeds (baya daleels) from there is no due process for (1) conversion of landowners in order for them to receive agricultural land to non-agricultural use or for compensation in all cases. However, if (2) the return of acquired land where the RB landowners have updated rent receipts in fails to implement the project. Complications their name, then they should not need to arise when an LA case is cancelled by the AB provide the baya daleels. If there is a dispute following failure of the RB to deposit the full over a claim, then they should seek previous amount of compensation money or failure of link deeds. Thus, the DC office should specify the RB to prove the availability of funds for in their citizen charter and information leaflets project implementation (one case example is that previous link deeds are only required if the Waste Management Project of Jaldhaka there is a dispute over a claim. Pourashava, where the development partner provided funds for LA but no funds were > The AB receives a 2 percent contingency in each case, but they cannot spend this on provided either by the development partner their own. They have to first seek permission or the GoB for project implementation). Other from their superior. To be more efficient, the observations include: (3) the multiplicity of AB should be allowed to spend funds at their proceedings arising from contesting claims own discretion up to a certain amount. of PIs; (4) the demand by the RB to pay the compensation money in installments; (5) > In the ARIPA Circular, there are provisions requests by the RB to deduct 10 percent of for preparing a time-bound action plan for the compensation in exchange for materials completion of an LA case, completing joint retrieved from dismantled structures by verification, and completing estimates, but LLPs; and (6) the difference in the average neither of the DCs complies with those time price of land in adjoining mauzas (one case limits. The DivC could use its authority in this is that of Bangalipur mauza (the average price situation to require adherence to the time is BDT 300,000 per hundredth of an acre) and limits. Lakhanpur west mauza (which is many times more than the price of Bangalipur mauza)). > The land records in this area of the country were completed a long time ago, in the 1960s, > Small LA cases, those of less than 50 standard and lowlands at that time have now become bigha, are disposed of in one to one and a highlands, so it is necessary to change the quarter years. However, medium and large class of land on the basis of field conditions for cases (more than 50 standard bigha) like the purpose of paying compensation. Usually, the BWDB, RHD, and Saidpur Airport cases, based on the JVFBs, the DCs change the class take more time for estimate preparation and of land and pay accordingly. However, here in because they have to go through the MoL. Nilphamari, this did not happen, the class of In the canal case (BWDB), the DC office also land was not changed, and LLPs were paid took a lot of time in deciding on the rates of only as per the recorded class of land, and the land. In the airport case, the DC tried to thus were deprived of just compensation. If Field Tours and Consultations 219 the JVFB was authenticated by the presence > LLPs or their successors-in-interest should of an officer, the DC would have relied on it. be given preference for jobs on the project for So an officer on behalf of the AB should be which they have lost their ancestral land. present at the time of joint verification. 4.2.3. Findings, Challenges, and Complications > Per the organogram approved in the 1980s, the staffing allotment for the LA section The findings, challenges, and complications of of a standard district is only one surveyor. land information management identified during The number of LA cases has significantly the meetings are as follows: increased since then and is beyond the capacity of a single surveyor. The number > Land information is not up to date, as successors and transferees do not update should be increased to two and in accordance their records. with this, the number of chainmen allotted should be increased to four from two. The > Successors hide information about female surveyors should also be provided with co-owners. transport, to allow them to efficiently perform > Successors of parental property must have their duties, which currently they do not have. it distributed among themselves through a Surveyors should be given a motorcycle to registered partition deed. The registration use in carrying out their function. fee for partition deeds can be reduced to > The revenue record room and the AC (Land) encourage this practice. office has moved application submissions > There should be capacity development online. The mutation khatians have not been training for the duty bearers at all levels of digitized and therefore cannot be accessed land administration. online. They should be digitized and available online. > Land development tax should be reintroduced for all classes of land, and the current system > The map updating is an important factor of land up to 25 standard bigha being tax free as it relates to ownership. Boundaries that should be abolished. have changed in the field because of land > Owners do not take steps to update their land transfers and partition should be reflected in records during settlement operations. the mauza map as demarcated on the ground, to avoid conflicts on plot boundaries. Thus, > Successors of a recorded owner should digitalization of the land survey system would inform the officials of the ULO about the death provide an online platform for the AC (Land) to of the recorded owner. update the mauza map with the khatians. > Legal and institutional changes are necessary. > The Sub-Registrar registers the land transfers but cannot transfer such information to the 4.3. Tour of Khulna, Bagerhat, and Pirojpur AC (Land). The registration system should be _____ digitized and online so that the information can easily be transferred to the AC (Land). A data collection tour was organized during The revenue record room of the DC office January 5-9, 2020 in Khulna, Bagerhat, and has been digitized, and information is being Pirojpur districts. Three specialists—an LA accessed quickly online. The DC’s digital Management Specialist, LA Institutional Specialist, revenue record room should be linked with and Land Transfer and Titling Specialist— the Sub-Registrar’s Office for interoperation participated. The team also met Commissioner so that the AC (Land) office can access the Khulna Division and Additional Commissioner land transfer information online. (Revenue) Barisal Division. Bangladesh Land Acquisition Diagnostic Review: 220 Legal and Institutional Framework, Procedures and Practices Appendix-C The study team meets with the DC Office, Khulna The study team meets with the DC office, Pirojpur (photo by study team). (photo by study team). 4.3.1. Information Sharing Meetings The WB-funded CEIP-1 and other development projects are being implemented in these districts. Three information sharing meetings with representatives from the AB and RBs were organized by the district administration (see Table 4.4).5 Table 4.4. Field-Level Information Sharing Meetings No. of No. Date Location Venue Chair Remarks Participants 1. Jan. 6, 2020 Bagerhat6 DC’s Chamber M Mamunur Rashid, DC 14 The participants were officials from the AB, 2. Jan. 7, 2020 Khulna7 DC’s Conference room M Iqbal Hossain 32 the RBs, UZLOs, ULOs, ADC(LA) upazila settlement 3. Jan. 8, 2020 Pirojpur8 DC’s Conference room Abu Ali M Sajjad 27 offices, and the Sub- Hossain, DC Registrar’s offices. All the meetings were interactive, and participants project (LA Case No. 6/2018-19). The acquired shared their information and suggestions on land was handed over to the RB on May 30, the points raised by the study team. Several 2019. As of January 2020, 44.66 percent of participants responded to questionnaires sent compensation money has been paid out and electronically to them before or on the day of the the total number of LLPs is 21. The biggest LA meeting. case (for 89.80 acres) in Khulna is the BWDB’s Bikalpa Dam Project, LA Case No. 3/2001-02. The biggest ongoing LA case in Bagerhat, the As of January 2020, the RB had not placed Khulna-Mongla Railway Project (LA Case No. compensation funds with the AB. 1/2015-16), was reviewed and it was found that as of January 2020, only 81.25 percent of LLPs The Pirojpur District LA section draws up and have been paid compensation out of a total of maintains an action plan for each LA case, a 2,051 affected families. The land has already requirement under paragraph 3 of the ARIPA been handed over to the RB and work is ongoing. Circular, in the following format: The other project studied was the LGED bridge LA Action Plan Format Name of the Project: LA Case no. Sl Section Activity Responsible Officer Date Remarks Field Tours and Consultations 221 The RB also monitors the payment of compensation 4.3.2. Data Collection from Affected Landowners for each LA case weekly and monthly. The study in Three Districts team examined the compensation payment reports for November and December 2019.9 LLPs from CEIP-1 in three locations were All three districts were trying to make on-the- interviewed (see Table 4.5) to identify the spot payments of compensation money. The documentation requirements to prove ownership Commissioner, Khulna Division oversees this in the acquisition proceedings, and the activity in Bagerhat and Khulna districts on a circumstances leading to the non-payment or regular basis. delayed payment of compensation money. Table 4.5. Interviews of LLPs No. of No. Date Location Remarks LLPs 1. Jan. 6, 2020 Mauza Khegraghat, Bagerhat Sadar Upazila, Bagerhat 4 Interviews with LLPs were 2. Jan. 7, 2020 Saheber Abad of Dacope Upazila Khulna 10 facilitated by the Revenue and LA consultant of 3. Jan. 8, 2020 CEIP-1 site office at Nadmula of Bhandaria Upazila 6 CEIP-1. in Pirojpur 4.3.3. Findings, Challenges, Good Practices, and Findings Ways Forward (1) The documentary requirements for making ownership decisions on the acquired land are Below are the findings, challenges, good practices, provided in Table 4.6 below. and ways forward identified from the visit. Table 4.6. Documentary Evidence Required for Land Ownership Decisions No. Documents to furnish for compensation claim Available at/with Application for compensation payment in the prescribed format LA office 1. and amendment of award 2. Notification under Section 8 of ARIPA 2017 (and Section 7 of ARI- LA office PO 1982) regarding the quantum of compensation 3. Certified copy of state acquisition and revisional survey khatian Revenue record room and cadastral survey khatian (if required) 4. Field khatian (Bujarat/Tasdik khatian) (if required) Local settlement office 5. Copy of deed of partition (if required) With the applicant 6. Deed and baya daleels (if required) Local Sub-Registrar Office 7. Mutation khatian (if required) Local land office 8. Land development tax payment receipt Local land office 9. Copy of judgement of civil court (if required) Relevant civil court 10. Copy of national ID card Office of Election Commission 11. Birth certificate (if required) Union Council office 12. Citizenship certificate Union Council office 13. Certificate of inheritance Union Council office 14. One color passport-sized photo The applicant 15. Indemnity bond The applicant 16. One color passport-sized photo and copy of national ID card of The applicant each person authorizing the applicant to act on their behalf or according to a no-objection to the claim 17. Copy of deed for leasehold or settled land The applicant Source: World Bank, compiled by the study team. Bangladesh Land Acquisition Diagnostic Review: 222 Legal and Institutional Framework, Procedures and Practices Appendix-C (2) The AB regularly conducts awareness-raising > Ways forward suggested by participants at programs and distributes leaflets in the the meetings include: (1) pay compensation locality and posts them on display boards money on-the-spot in the presence of elected in selected places, including its offices. The representatives and the media; (2) have the awareness campaign for affected persons is AB create awareness through interactive conducted through local-level meetings, and meetings with co-sharers and local land also through local print and electronic media. administration officials for an amicable partition of land and dispute settlement; (3) (3) Barring exceptions, all documents are require a resettlement plan for every LA available at the government or local union case; (4) establish new standard operating council offices located either in the union procedures for (a) ascertaining the present parishad, upazila, or district. possessor, (b) use of the land, (c) compensation (4) Steps have been taken to reduce the time needed payment in case of the partial acquisition and increase the participation of the LLPs. of a land plot, and (d) e-mutation; (5) timely recruit technical staff, especially surveyors, Generally, the compensation claimants do not kanungos; (6) create new surveyor positions have all documents readily available when at every ULO; (7) bring together the AC (Land) they are notified to collect compensation office, Assistant Settlement Officer, and Sub- (under Section 7 of ARIPO 1982 or Section 8 Registrar under one umbrella. This is needed of ARIPA 2017). They need support if there is to address complications arising from a lack no literate person in the family. of coordination among them. These offices are tasked to maintain up-to-date ownership > Current challenges include: (1) ownership information and record all transfers of complexities arising from joint ownership and unwillingness of the co-sharers to amicably immovable property, and as such, they should partition the land (there is no culture of amicable work in harmony and with greater integration partition among heirs nor any institution to deal to minimize or eliminate the suffering of with the movable and immovable property landowners and possessors; and (8) introduce of a deceased person), leading to protracted nationally a single document (e.g. a passbook) litigation. The AC (Land) and ULO cannot effect to record all transactions, including transfers. partition without a registered deed of partition A national effort should also be done to or joint application for mutation. Absentee co- modernize the land administration system. owners, especially expatriates and women successors, suffer the worst from this; (2) > Examples of good practices are: (1) there is limited opportunity under the current distribution of compensation money at the legal and institutional framework for a quick respective project site through a program resolution of ownership disputes; (3) there is where people’s representatives, LLPs, and a lack of up-to-date papers for compensation media participated;13 (2) revision of the project claims for property under joint ownership; (4) design based on the suggestions of the complications arising from disputes among beneficiaries in a record 24 days.14 Initially the family member joint owners often delay timely project was designed for construction of an payment of compensation; (5) acquisition embankment and later redesigned as a river of part of a land plot is a problem; (6) there training cum embankment project; (3) LLPs are sometimes discrepancies between video can meet with the DC every Wednesday at evidence and the field book records; (7) there his office in public hearing sessions where is sometimes sham construction of houses10 they can discuss their issues related to LA to inflate the amount of compensation; (8) and get a quick resolution of their problems; shortage of funds;11 (9) delayed payment of and (4) some ABs are currently developing compensation;12 (10) the role of so-called friends applications to automate interactions with (middle men) of LLPs; and (11) fear of acquisition stakeholders and pay LLPs online. as no project has any resettlement plan. Field Tours and Consultations 223 4.4. Interview with the DLRS, Dhaka interfacing between settlement, management, and _____ registration. He underscored the need to update The study team interviewed responsible officials all land information to maintain the current pace of from the DLRS on January 28, 2020 in Dhaka. development activities in the country. He recalled The DLRS prepares and publishes khatians and his experiences as an AC (Land) and an LAO. The mauza maps for all villages in Bangladesh.15 DLRS is currently trying to (1) update all the khatian They are the two primary records to determine and mauza map information of all 61,000 mauzas, ownership and possession of every land parcel except the mauzas in CHT, (2) institute digitalization in the country. Citizens, courts, and executive with the help of the A2i project and three donor- authorities look to the khatian and mauza map funded projects (ADB, EU, and Korea), (3) provide for ownership and possession information. The online accessibility through settlement.gov.bd AB, RB, and LLPs use khatians and mauza maps (currently at an initial stage of implementation), (4) to determine the ownership, possession, and update laws, rules, and manuals,19 and (5) upgrade quantum of compensation for land earmarked the skills of staff and officers. The above initiatives for acquisition. Ownership determinations for are being implemented under the overall guidance LA cases are relatively easy and speedy where and supervision of the MoL. The DLRS is also mauza maps and khatians are updated under an supporting the LRB in its modernization efforts, ongoing revisional settlement operation. notable among them is support for the digital land management system developed for 42 of the The DLRS is responsible for the creation and periodic country’s upazilas. update of land records in Bangladesh. This is one of the oldest (since 1884)16 surviving organizations The DLRS acts as a hub for the modernization of in the country. Presently, it is the repository of the land information system of the country. The all cadastral and related land information in the above noted initiatives will (1) facilitate up-to-date country. Barring a few exceptions (the three hill land information, (2) reduce the cost and time districts—Khagrachari, Rangamati, and Bandarban), for the collection of ownership and possession all legally-recognized ownership and possession information by the AB, RB, and LLPs, and (3) information of all land parcels in textual and graphic lay the foundation for the seamless integration format are developed and periodically updated by of settlement, management, and registration zonal settlement offices17 located across the country. departments in the future. The cadastral survey operation was completed during 1888-1940, and the revisional settlement 4.5. Tour of Rangamati District _____ operation has been ongoing since 196518 under the State Acquisition and Tenancy Act 1950. Rule 294 of CHT is different than the other 61 districts. It has the Survey and Settlement Manual 1935 provides a different legal framework for the LA process. for a five-year period for a settlement operation to Important empirical data was collected from Ms. complete. In the last 136 years of its history, very Shilpi Rani Roy, ADC (Revenue), Chattogram; Mr. few have achieved this. There are time overruns Bresh Ketu Chakma, Chairman, Rangamati Hill on all settlement operations, leading to ownership District Council, Mr. Sukrity Ranjaan Chakma, complications, a multiplicity of judicial proceedings, Project Director, Second Chittagong Hill Tracts Rural and inordinate delay in the disposal of LA cases. Development Project, and National Consultant Mr. Dayal Kumar Chakma through in-depth interviews. The study team met with Mr. Md Taslimul Islam, Some LA cases from CHT were studied intensively. ndc Director General (Additional Secretary) and A very fruitful and important discussion was held Mr. Md. Anisuzzaman - Director Administration with the King of Chakma Circle, Barrister Devasish (Additional Secretary), Zonal Settlement Officer Roy, Former Minister, at his office. He gave a clear Dhaka. The Director General shared the current picture of the complicated land system of CHT. status of revisional settlement activities across He also presented his book entitled Parbotya the country, the challenges of digitalization, the Chottogrameer Bhumi Ebong Parbotyabashir zonal system versus the circuit system, and Odhikar and Ottyjjo 2017 (in Bangla). Bangladesh Land Acquisition Diagnostic Review: 224 Legal and Institutional Framework, Procedures and Practices Appendix-C The King (Circle Chief), Rangamati with a study ADC (Revenue), Rangamati Hill District team consultant (photo by study team). (photo by study team). 4.6. Courtesy Call with the Law M. Khairul Haque, listened as the objectives and Commission methodology of the LADR were summarized by _____ Dr. Mohammad Ali Khan and supplemented by The consultant team along with the Chief Mohammad Iqbal, Md. Akhtaruzzaman, and Dr. Investigator, Dr Hafiza Khatun, and the Senior Hafiza Khatun. Social Development Specialist of the World The meeting identified the need for a special civil Bank, Md. Akhtaruzzaman, had a courtesy court for the rapid resolution of land ownership meeting with the honorable Chairman of the Law disputes raised during the LA process. Barrister Commission, Bangladesh on February 25, 2020. Haque opined that the compensation amount for The meeting was also attended by the Honorable acquired property should be equivalent to the Member of the Law Commission, Justice A. T. replacement cost at the current market price, M. Fazle Kabir, and the Chief Research Officer, including transaction fees for purchasing the Fowzul Azim (District Session Judge, Dhaka). equivalent quantity of property. The Law Commission Chairman, Barrister A. B. Courtesy meeting with the Law Commission, Dhaka, February 25, 2020 (photo by study team). Field Tours and Consultations 225 Notes ................................ 1 Mayor Nilphamari Sadar, Mayor Jaldhaka, RHD, BWDB, LGED, PWD, Saidpur Airport, Bangladesh Petroleum Corporation, Bangladesh Livestock Research Institute, Nilphamari Government College, Gas Transmission Co., Ltd. 2 The ADC (Revenue), LAO, Revenue Deputy Collector, UNOs from Sadar, Jaldhaka, Dimla, Domar, and Kishoreganj, surveyors from the LA office, and the Sadar AC (Land). 3 The meeting at Bagerhat and Pirojpur was chaired by the DC, and that of Khulna by the ADC (LA) Khulna. 4 Bagerhat DC Office: The LA section has 24 sanctioned positions, 11 vacant and 13 filled. The following documents were collected: (1) questionnaires completed by the LAO, ULAO, assistant settlement officer Bagerhat Sadar, Sub-Registrar Bagerhat Sadar, (2) case study; (3) advocacy leaflets, (4) Demi Official letter dated November 20, 2019 from the MoL, (5) Cabinet Division letter dated December 23, 2019 approving a proposal by local people for revising the LA case, (6) citizen charter for LA, (7) meeting attendance sheet, and (8) interviews of four LLPs. 5 Khulna DC Office: The LA section has 232 sanctioned positions, 124 filled and 108 vacant. The following documents were collected: (1) LA section organogram, (2) meeting attendance sheet, (3) case study information for six LA cases, (4) questionnaires completed by Addl LAO, kanungo, and surveyor of the LA section, (5) photographs of distribution of compensation money on the spot, and (6) interviews of 10 LLPs at Mauza Shaheber Abad, Dacope Upazila, Khulna. 6 Pirojpur DC Office: The LA section has 24 sanctioned positions, 9 filled and 15 vacant. The following documents were collected: (1) attendance sheets, (2) LA case information, (3) good practice examples, (4) questionnaires completed by the LAO, ULAO, Sub-Registrar Bagerhat Sadar, (5) case study, (6) LA circulars issued by the MoL and Planning Commission, and (7) interviews of 6 LLPs. 7 The current DC is an experienced LAO (prior to starting his current position he was ADC (LA) Dhaka) who started this practice. 8 Construction overnight of 2,200 dwelling huts on the proposed site of Khan Jahan Ali Airport in Bagerhat delayed the acquisition process. 9 Compensation payments were delayed in the Satkhira Medical college project due to a lack of funds. 10 The BWDB paid compensation money in the current year for land acquired in 2016 and development work was completed to save a locality from an onrush of saline water. 11 The Secretary, the MoL congratulated the Bagerhat District Administration on the distribution of BDT 171 million as compensation money in 2018-19 (MoL DO letter 361 dated November 20, 2019). 12 The highest level of the government accepted a proposal and revised the embankment project, respecting beneficiaries’ suggestions sent by the DC in a record 24 days (Cabinet Division follow-up letter no. 617 dated December 23, 2019). 13 There are 61,000 villages (known as mauzas) in the country. 14 Originally called Land Survey & Agriculture. It was renamed the Land Survey Department in 1888. In 1919, the survey work was transferred from the Survey of India to the department. It was renamed the Directorate of Land Record and Survey in 1975. The office has been in its current location since 1953. Retrieved from http://www.dlrs.gov.bd/site/page/5d0d62b1-ec83- 4af5-a067-d52177d32529/-. 15 Every zonal settlement is roughly equivalent to an old district at it was in 1985. Currently, there are 19 zones that cover the whole country. 16 In 1940, the revisional settlement operation started in Barisal and Faridpur districts under the Bengal Tenancy Act 1885 and was interrupted by World War II, the Partition of the Indian subcontinent in 1947, and abolition of the zamindari system in 1956. 17 (1) The survey Act 1875, (2) the Alluvial Land Act 1920, (3) the State Acquisition and Tenancy Act 1950, (4) the Tenancy Rules 1954-55, (5) the Technical Rules and Instructions of the Settlement Department 1957, (6) Standard Rules Regarding the Revisional Settlement Operation in Bengal 1933, (7) the Survey and Settlement Manual 1935, (8) the Bengal Record Manual 1943, (9) General Instructions for the preparation of land records and maps, (10) General Instructions issued by settlement officers), (11) General Instructions/Circulars issued by the MoL, and (12) other laws and rules in force relating to land ownership and management: the Evidence Act 1872, the Court of Wards Act 1879, the Transfer of Property Act 1882, the Code of Civil Procedure 1908, the Limitation Act 1908, the Registration Act,1908, the Forest Act 1927, the Non-Agricultural Tenancy Act 1949, the Hats & Bazars (Establishment & Acquisition) Ordinance 1959, the Waqfs Ordinance 1962, the Land Holding (Limitation) Order 1972, the Bangladesh Abandoned Property (Control, Management & Disposal) Order 1972, the Bangladesh (Vesting of Property & Assets) Order 1972, the Land Reforms Ordinance 1984; The Vested Property Return Act 2001, Playgrounds, Open Spaces, Parks and Natural Reservoirs in all Municipal Areas of the Country Including Metropolitan, Divisional and District Cities Conservation Act, 2000, Bangladesh Land Management Manual, 1990; Mohammedan Law; Hindu Law, Christian, Buddhist, and other personal laws. Bangladesh Land Acquisition Diagnostic Review: 226 Legal and Institutional Framework, Procedures and Practices The World Bank Office, Dhaka E-32, Agargaon, Sher-e Bangla Nagar Tel: (880-2) 5566-7777 Dhaka 1207 Fax: (880-2) 5566-7778 Bangladesh www.worldbank.org/bd