Last Change:
08/18/2025
Act No. 25 of 2017, The Acquisition and Requisition of Immovable Property Act
Original names of the law:
Year: 2017
Type: Domestic law
Rights Category: Housing, land & property
Description
While Article-42 of Bangladesh Constitution provides the fundamental right for citizens to right to Property, Article-42(1) provides some privileges but 42(2) impose some of the restrictions. Acquisition of the private land by the government for the public purpose is the first condition for infrastructural development. The acquisition of private land must be done by following rules set in relevant laws. For the purpose or the interest of the public, the Government can acquire other’s property by paying compensation. It may be for the temporary or permanent basis. If it is taken over for permanently but afterward if it is not used, the government does not bind to return it. However, lands used for graveyards, places of cremation, religious or educational instructions are usually not taken over. Based on the duration, taking over is of two kinds, (a) Acquisition and (b) Requisition. The enacted Act, the Acquisition and Requisition of Immovable property Act, 2017 set forth the processes and rules of relating to Acquisition and Requisition of Immovable Property.
Selected provisions
(1) Whenever it appears to the Deputy Commissioner that any immobile property is needed for any public purpose or in the public interest, he shall cause a notice to 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) Where an immovable property is to be acquired for any private person or agency, whatever may be the quantity of property, prior approval from the Government must be taken before the commencement of the acquisition process.
(3) The Deputy Commissioner, under sub-section (1), shall-
(a) before the publication of the notice, in the prescribed time and manner, record the actual condition and nature of the immovable property proposed to be acquired and everything thereon including infrastructures, crops and trees by means of video and still picture or with the use of any other technology and prepare a statement thereof; and
(b) after the publication of the notice, in the prescribed time and manner, together with the requiring person or agency and the person interested, prepare an integrated inventory.
(4) If the recording category of any land is changed in reality, the Deputy Commissioner shall, while preparing the integrated inventory, make decision in respect of the change of such category.
(5) The Deputy Commissioner shall, in the prescribed manner, mention in the integrated inventory whether any house or infrastructure has been constructed or is under construction with the intent of being illegally benefitted contrary to the public interest on any land under acquisition or on any such land that may be acquired.
(6) The integrated inventory prepared in accordance with clause (b) of sub-section (3) must be published on the notice board of the local land office as well as at a convenient place of the project.
(7) After taking action under clause (a) of subsection (3) on any land under acquisition or any such land that may be acquired, if the category of such land is changed by any house or infrastructure constructed or under construction with mala fide intent, the Deputy Commissioner shall not include such changes in the integrated inventory.
(8) If any person is aggrieved by any decision made by the Deputy Commissioner under sub-section (7), he may appeal to the Commissioner within next 7 (seven) working days.
(9) The Commissioner shall, in the prescribed manner, hear the appeal preferred under sub-section (8) and give decision within next 15 (fifteen) working days, or in case of critical nation project, within 10 (ten) working days.
(10) The decision made by the Commissioner under sub-section (9) shall be final.
(11) If any appeal is disposed of under sub-section (9) or if no appeal is preferred within the period as referred to in sub-section (8), the person concerned shall remove all the illegal houses and infrastructures from the proposed immovable property to be acquired at his own expenses; otherwise the Deputy Commissioner shall take actions for eviction thereof in accordance with the rules and regulations in force.
(12) The Deputy Commissioner may, after selecting location for the implementation of critical national project, by order, impose restriction on the purchase and sale of land and the construction of any infrastructure on the land of such area.
(13) No property used by the public for the purpose of religious worship, graveyard and cremation ground shall be acquired:
Provided that if it is extremely unavoidable for the public purpose or in the public interest, as the case may be, only then such property may be acquired subject to shifting and reconstruction at the expenses of the requiring person or agency.
Explanation.- In this section “contrary to the public interest” means the intent of receiving financial benefit as compensation or in any other form by some act or measure with the purpose of hindering from or creating obstacle to or delaying the implementation of the project.
(1) The Deputy Commissioner may, with the prior approval from the Government, by order in writing, for any public purpose or in the public interest, requisition temporarily any immovable property:
Provided that if such prior approval of the Government is not possible to obtain for any reasonable cause, the approval of the Government may be obtained with retrospective effect:
Provided further that, save in the case of emergency requirement for the purpose of maintenance of
transport or communication system, no property which is bona fide used by the owner thereof as the
residence of himself or his family or which is used either for religious worship by the public or as an educational institution or orphanage or as a hospital, public library, graveyard or cremation ground shall be requisitioned.
(2) Where an order made under sub-section (1) has been served, the Deputy Commissioner may-
(a) in the case of emergency requirement for the purpose of maintenance of transport or communication system, at any time after the date of service of the order; and
(b) in any other cases, after the expiry of 30 (thirty) days from the date of service of the order,
take possession of the requisitioned immovable property and use the property for the purpose for which it has been requisitioned.
(3) Except with the prior approval of the Government, no property shall be kept under requisition for a period exceeding 2 (two) years from the date of taking over possession of such property.