Question
Our house is next to an 8-foot-wide road, and the City Corporation wants to expand it to 22 feet. They are taking more land from one side, and the other side is a leader’s house. The mayor and councilors are all saying that empty plots and tin shed houses will not receive any compensation. This road is a branch road, and this is our last possession. How reasonable is this? What can we do about it?
Answer
In cases of land acquisition for public purposes such as road widening, there are specific legal provisions in Bangladesh that ensure the rights of property owners. The City Corporation’s attempt to widen the road from 8 feet to 22 feet affects your property, so you have certain legal avenues to explore in order to protect your interests.
1. Understanding Land Acquisition Laws in Bangladesh
- Under the Acquisition and Requisition of Immovable Property Act, 2017, the government or any authorized body like the City Corporation has the authority to acquire land for public purposes, including infrastructure projects such as road widening.
- However, when land is acquired, the law clearly states that compensation must be provided to the landowner. The amount of compensation is calculated based on the market value of the land, and in some cases, additional compensation is added for inconveniences caused by the acquisition.
2. Compensation for All Types of Properties
- The City Corporation’s claim that empty plots and tin shed houses will not receive compensation is not legally sound. According to the Acquisition and Requisition of Immovable Property Act, 2017, all types of properties, whether developed or undeveloped, should receive fair compensation when acquired.
- Section 8 of the Act clearly states that the compensation will be based on the market value of the land and any buildings or structures on it, regardless of whether the structures are temporary (like tin sheds) or permanent.
- Therefore, the City Corporation is required to provide compensation for your land, including any tin shed houses or empty plots that will be affected.
3. How to Challenge the Acquisition
- If you feel that the acquisition is unfair or the compensation offered is too low (or not being offered at all), you can:
- File an objection with the City Corporation within a stipulated time frame after receiving the notice of acquisition. The law allows you to lodge a formal objection to the acquisition process, especially if the compensation is unreasonable.
- Appeal to the Land Acquisition Officer in your district to reassess the compensation amount. You can present evidence of the current market value of your property to strengthen your case.
4. Special Treatment for Leaders’ Properties
- If it appears that your property is being targeted unfairly while other properties (such as the leader’s house) are being spared, you can take this issue to court. Discrimination in land acquisition is not legal, and you have the right to request an impartial review of the acquisition process.
- In this case, you can file a writ petition in the High Court challenging the acquisition on the grounds of discriminatory treatment. The court can order the authorities to conduct a fair and unbiased acquisition.
5. Negotiating With Local Authorities
- Before taking legal action, consider engaging in negotiations with the City Corporation and local officials. You can request a meeting with the mayor or ward councilor and present your concerns about the lack of compensation.
- It may also help to bring along documents proving the ownership and current value of your property, as well as statements from local residents supporting your case. You can ask for a written explanation regarding the compensation policy and why some properties are excluded.
6. Seeking Legal Recourse
- If the City Corporation refuses to compensate or continues to unfairly target your land, you may file a case in the District Court. The court can order the City Corporation to pay you compensation based on the market value of your property.
- Your lawyer can also help you file a stay order to temporarily stop the road-widening project until the matter is resolved.