TRW & Co · Land & Property
Land Acquisition Compensation Lawyer in Chittagong (Chattogram)
A land acquisition compensation lawyer in Chittagong helps owners and heirs secure full and prompt payment when the state acquires land for ports, roads, economic zones and other projects. The 2017 Act fixes compensation at market value plus a statutory premium, but the amount depends on the joint list, the records and objections made at the right moment.
Key pointAccepting compensation without a written protest ends the right to challenge the award before the arbitrator, so owners in doubt should accept under protest: it secures the money now and keeps the challenge open.
At a glance
Statutory premium applies
Compensation is market value plus 200% where the Government acquires, or 300% where land is acquired for a non-government requiring body.
Twelve-month value average
Market value is based on the average of comparable nearby sales in the twelve months before the section 4 notice.
Fifteen working days
Objections to the acquisition must reach the Deputy Commissioner within 15 working days of the section 4 notice.
Joint list decides items
Structures, trees and crops are compensated as recorded at the joint list; bad-faith construction after the DC's record is excluded.
Arbitrator then tribunal
Disputed awards go to an arbitrator of at least Joint District Judge rank, then to an Arbitration Appellate Tribunal whose decision is final.
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What land acquisition means for Chattogram landowners
A land acquisition compensation lawyer in Chittagong acts for owners, heirs, tenants and businesses whose land the state takes for a public project. Chattogram district has seen a steady stream of acquisitions for economic zones at Mirsarai, port and terminal expansion, highways, railways, flood and drainage works and power projects. Each one starts with a notice from the Deputy Commissioner and ends, if all goes well, with compensation paid and the land vested in the Government.
Acquisition itself can rarely be stopped once a genuine public purpose is established. What owners can control is how much they receive, how quickly they receive it, and whether every lawful claimant is paid. Those outcomes depend on what is recorded at the very start of the process, on objections and claims filed on time, and on choosing correctly between accepting the award, accepting it under protest and challenging it.
Who can claim
Compensation is not only for the registered owner. The Act speaks of "interested persons", which in practice includes co-owners and heirs, mortgagee banks, lessees, occupiers with lawful rights, sharecroppers and businesses operating on the land. Each needs to come forward and state their interest when the Deputy Commissioner calls for claims. A land acquisition compensation lawyer in Chittagong often acts for several family members at once, so that shares are agreed early and the payment is not held up by a dispute that could have been settled at the outset.
This page explains the law, how compensation is calculated, the procedure at the Chattogram Deputy Commissioner's office, and the routes to challenge an award.
The legal framework
The governing statute is the Acquisition and Requisition of Immovable Property Act 2017 (Act 21 of 2017), which replaced the Acquisition and Requisition of Immovable Property Ordinance 1982. It covers both permanent acquisition and temporary requisition (hukumdakhal) of land.
Key provisions
- Section 4: the Deputy Commissioner (DC) issues a preliminary notice proposing acquisition for a public purpose or in the public interest. Before the notice, the DC records the land's condition, structures, crops and trees by video, photograph or similar means, and afterwards prepares a joint list with the requiring body and interested persons. Structures built in bad faith after that record are excluded. Places of worship, graveyards and cremation grounds are generally protected unless acquisition is essential, in which case relocation must be provided.
- Section 5: any interested person may object to the DC within 15 working days of the section 4 notice. The DC hears the objection and reports, and the file goes to the Ministry of Land or the Divisional Commissioner depending on the area involved.
- Sections 6 and 7: the final decision to acquire, followed by a notice calling on interested persons to appear and state their claims to compensation and their shares.
- Section 8: the DC's award, fixing compensation by reference to market value at the date of the section 4 notice and apportioning it among known claimants on the basis of the final survey record.
- Sections 9 and 10: what is and is not taken into account in compensation (see below).
- Section 11: payment of compensation after the requiring body deposits the estimated amount, and the option to accept payment under protest.
- Section 13: the land vests in the Government free of encumbrances once compensation is paid or treated as paid.
- Sections 29 to 37: an arbitrator, a judicial officer not below the rank of Joint District Judge, hears challenges to the DC's award, with a further appeal to an Arbitration Appellate Tribunal whose decision is final.
National important projects and sale restrictions
For projects designated as nationally important, the Act shortens several of the timelines for hearing objections, deciding appeals and preparing estimates. After the site of such a project is selected, the DC may also restrict sales and construction in the area by order. Owners in a corridor that has been announced but not yet notified should take advice before selling, building or subdividing, because changes made after the section 4 notice without the DC's approval are ignored in compensation.
Temporary requisition (hukumdakhal)
The same Act allows land to be requisitioned temporarily rather than acquired, for example for a construction yard or a temporary road. The DC prepares an award for requisition compensation, the property must be maintained, and it is released when the need ends. A land acquisition compensation lawyer in Chittagong checks whether a long-running requisition should have been converted into acquisition, with full compensation, and whether the land has been returned in its original condition.
Other laws come in at the edges: the State Acquisition and Tenancy Act 1950 for survey records and mutation, succession law for heirs, income tax law for tax deducted from compensation, and the Constitution's writ jurisdiction for unlawful acquisitions.
How compensation is calculated
Owners are often told a single figure without explanation. A land acquisition compensation lawyer in Chittagong breaks the award into its components, because each one can be checked and, if wrong, challenged.
| Component | Basis under the Act | What to check |
|---|---|---|
| Market value of land | Value at the date of the section 4 notice, using the average of comparable sales nearby in the preceding twelve months | Land class, comparable deeds used, whether under-valued deeds distorted the average |
| Premium on market value | 200% above market value where the Government acquires; 300% where the land is acquired for a non-government requiring body | Correct classification of the requiring body |
| Crops and trees | Loss of standing crops and trees recorded at the joint list stage | Whether every tree and crop was listed |
| Severance and injurious affection | Loss from separating the acquired land from the rest, or harm to other property or income | Access, frontage and value of the remaining land |
| Relocation costs | Reasonable costs of moving home or business | Business disruption, equipment, rented premises |
| Structures | Structures recorded in the joint list; those built in bad faith after the record are excluded | Whether genuine structures were wrongly treated as bad-faith |
Section 10 lists matters the DC must ignore, including the owner's unwillingness to sell and changes or sales made after the section 4 notice without the DC's approval. Sharecroppers (bargadars) have their own entitlement under section 12, and the Act allows separate measures for rehabilitating displaced families.
The joint list is where compensation is won or lost. Be present when it is prepared, make sure every structure, tree, crop and business is recorded, and keep your own photographs and video from the same day. It is very difficult to add items after the list is final.
Key decisions for owners
Should you object to the acquisition?
Objections under section 5 can challenge whether the land is needed, whether a smaller area would do, or whether particular land such as a homestead or place of worship should be spared. They rarely stop a major project, but they can change its footprint and create a record. They must be filed within 15 working days of the notice, so the decision cannot wait.
Should you accept the award?
This is the most important choice. Under section 11, a person may accept the money while objecting to the amount. A person who accepts without objecting loses the right to apply to the arbitrator. In most cases, if there is any doubt about the figure, the safer course is to accept under written protest, which secures the money now and preserves the challenge.
Tax and the use of the money
Income tax is deducted at source from acquisition compensation, at rates that have changed over time, so owners should confirm the current treatment and keep the deduction certificate for their return. Families receiving a large sum should also plan how it will be divided among heirs and whether some of it will buy replacement land, which raises its own title-checking and registration questions.
Is a challenge worth it?
Arbitration makes sense where the market value is clearly understated, items were omitted from the joint list, or shares were wrongly apportioned. A land acquisition compensation lawyer in Chittagong weighs the evidence of value, the likely uplift and the time involved before recommending it.
Step by step: from notice to payment
- Read the section 4 notice. Identify the mouza, dag numbers and area affected, and check your records against them immediately.
- Attend the joint list. Make sure every structure, tree, crop and business is recorded, and keep your own dated evidence.
- Object within 15 working days if needed. File a reasoned objection with the DC and attend the hearing.
- Lodge your claim. Respond to the section 7 notice by stating your interest, your share and the compensation you claim, with supporting documents.
- Review the award. Check market value, premium, items and apportionment against the joint list and your title.
- Accept, under protest if necessary. Complete the payment formalities at the DC's land acquisition branch, recording any objection to the amount in writing.
- Challenge where justified. Apply to the arbitrator within the time the Act allows, and appeal to the Arbitration Appellate Tribunal if necessary.
Our step-by-step guide on how to claim land acquisition compensation in Chattogram covers the practical paperwork.
Documents and evidence
- Registered title deeds and the chain of earlier deeds.
- The latest survey khatian from the DLRMS portal and the mutation record, because the award is apportioned on the final survey record.
- Land development tax receipts.
- For heirs: death certificates, warish certificates and, where needed, a succession certificate.
- Evidence of value: recent deeds for comparable land nearby, valuation reports and evidence of the land's use.
- Evidence of structures, trees, crops and business activity, including photographs, permits, trade licences and accounts.
- National ID, bank account details and, for owners abroad, a properly attested power of attorney.
Risks and common mistakes
Records that do not match ownership
The DC apportions compensation on the final survey record. If the khatian still shows a deceased grandparent, a former owner or the wrong share, the money will be held or paid to the wrong person. Heirs should update mutation and resolve shares as soon as an acquisition is announced. Where records are wrong, our mutation and khatian correction teams can move quickly, and disputed sums are deposited rather than lost.
Accepting without protest
Signing for compensation without recording an objection ends the right to go to the arbitrator. Owners under financial pressure often sign quickly, then discover that comparable land sold for much more. If you have any doubt about the figure, accept under written protest. It costs nothing and keeps the challenge open.
Missing the joint list
Owners who live elsewhere, including abroad, sometimes learn of an acquisition only after the joint list is finished. Items not recorded are very hard to add later, and structures built after the DC's record may be excluded as bad-faith construction. Appoint someone locally, or instruct a lawyer, as soon as a project is announced in your area.
Paying middlemen to speed up payment
Compensation offices attract brokers who promise faster payment for a percentage. Paying them is risky and can be unlawful, and it does not change your legal entitlement. Keep your claim in writing, use the official channels and escalate formally if payment is delayed beyond the statutory timetable.
Family disputes over shares
Where heirs disagree, the DC may deposit the money rather than pay anyone, and it can remain there until the dispute is resolved. A family agreement on shares, recorded properly and supported by heirship documents, is usually the fastest way to release the funds. If agreement is impossible, the arbitrator or civil court decides; our inheritance team helps settle the shares.
Challenging an award or an acquisition
A person who does not accept the DC's award may apply to the arbitrator, stating the grounds of objection, within the period the Act allows after notice of the award; the requiring body is made a party. The arbitrator can revisit value, items and apportionment.
The strongest applications are built on evidence: registered deeds for comparable land sold in the same mouza before the notice, proof that low-value deeds understated real prices, photographs and video from the joint list, and valuation evidence on business and relocation losses. A land acquisition compensation lawyer in Chittagong assembles that file before the application is filed, because the arbitrator decides on the record put before it, not on general complaints that the price is unfair.
An appeal against the arbitrator's award lies to the Arbitration Appellate Tribunal, constituted by the Government from persons who are or have been District Judges, and its decision is final.
Where the acquisition itself is unlawful, for example because mandatory notices were not served, the land is protected, or the purpose is not a genuine public purpose, the High Court Division can be asked to intervene by a writ petition under Article 102 of the Constitution; see our writ practice and the judgments published by the Supreme Court. Writs are discretionary and fact-sensitive, and they work best when filed promptly.
Acquisition can rarely be stopped, but the amount and the speed of compensation can be shaped from the first day, starting with the joint list.
Owners abroad and corporate landowners
Many Chattogram families have members in the UK, the Gulf, Singapore and beyond, and acquisitions often affect inherited land with several owners overseas. Each absent heir needs a way to claim and receive their share: usually a power of attorney executed before a Bangladesh mission and processed in Bangladesh, and a bank account that can receive the payment. Our NRB property team and offices in London, Dubai and Singapore coordinate the paperwork.
Companies whose factories, warehouses or yards are acquired face larger questions: relocation costs, business interruption, contracts with buyers and lenders, and the tax treatment of compensation. A land acquisition compensation lawyer in Chittagong works with TRW & Co's corporate, tax and banking teams in Chattogram and Dhaka so the claim captures every lawful head of loss. Mortgagee banks, too, need to protect their security when charged land is acquired, and a land acquisition compensation lawyer in Chittagong can make sure the lender's interest is recognised in the award.
How a land acquisition compensation lawyer in Chittagong at TRW & Co helps
TRW & Co works from our Chattogram office at Court Hill, and our advocates appear before the DC's office, the arbitrator and the courts.
Notice and joint list
We review the section 4 notice, attend or prepare for the joint list and make sure every item that attracts compensation is recorded.
Objections and claims
We draft section 5 objections and section 7 claims, assemble title and heirship evidence and represent owners at hearings.
Award review
We test the award against comparable sales, the joint list and the statutory premium, and advise whether to accept, accept under protest or challenge.
Arbitration and appeal
We bring applications before the arbitrator and appeals to the Arbitration Appellate Tribunal, with valuation evidence and witnesses.
Heirs and shares
We resolve heirship and share disputes, update records and help release deposited compensation to the right people.
Writs and urgent relief
Where an acquisition or eviction is unlawful, we file writ petitions in the High Court Division and seek interim protection.
Checklist for affected owners
- Have you checked the mouza, dag numbers and area in the section 4 notice against your records?
- Will you or your representative attend the joint list with your own evidence?
- Is an objection needed within 15 working days of the notice?
- Do the khatian and mutation records show the current owners and shares?
- Have all heirs, including those abroad, authorised someone to claim?
- Do you have evidence of comparable sale prices nearby?
- If you accept the award, have you recorded your protest in writing?
To discuss an acquisition, contact the Chattogram office through our contact page, email info@trw.co or call +880 1779 127165. You can also browse all our practices, read about our land disputes practice or return to our Chattogram law firm overview.
Frequently asked questions
01How is land acquisition compensation calculated in Bangladesh?
Under section 9 of the Acquisition and Requisition of Immovable Property Act 2017, the Deputy Commissioner takes the market value at the date of the section 4 notice, based on the average of comparable nearby sales in the preceding twelve months, and adds a premium of 200% where the Government acquires or 300% where the requiring body is not the Government. Losses for crops, trees, severance, harm to other property or income, and relocation costs are also compensated.
02Can I stop the acquisition of my land?
It is difficult if the project serves a genuine public purpose. You can object to the Deputy Commissioner within 15 working days of the section 4 notice, for example arguing that less land is needed or that a homestead or place of worship should be spared. Where the procedure is not followed or the acquisition is unlawful, a writ petition to the High Court Division may be possible. Most owners focus on maximising and speeding up compensation instead.
03What happens if I accept the compensation?
If you accept without objection, you lose the right to apply to the arbitrator to increase the award. Section 11 of the 2017 Act allows you to accept the money while objecting to the amount. If you are unsure whether the figure is right, accept under written protest, keep a copy, and take advice on whether a challenge is worthwhile.
04The khatian is still in my late father's name. Can we get the money?
Yes, but expect delay unless you act early. The award is apportioned on the final survey record, so the heirs must prove heirship with death and warish certificates, and sometimes a succession certificate, and ideally update mutation. If the heirs disagree on shares, the Deputy Commissioner may deposit the money until the dispute is resolved. A land acquisition compensation lawyer in Chittagong can organise the heirship evidence and a family agreement to release the funds.
05How long does payment take?
The 2017 Act sets timelines: the requiring body must deposit the estimated amount with the Deputy Commissioner, and the DC then pays within the period the Act fixes. If the requiring body fails to deposit in time, the acquisition proceedings can be cancelled. In practice, delays usually come from incomplete records, heirship disputes or missing documents, so preparing the claim file early is the best way to be paid quickly.
06How do I challenge a low award?
Accept under protest, then apply to the arbitrator, who is a judicial officer not below the rank of Joint District Judge, within the period the Act allows after notice of the award. The application must state your grounds and join the requiring body. Evidence of comparable sales, omitted items and errors in apportionment is critical. An appeal against the arbitrator's award lies to the Arbitration Appellate Tribunal, whose decision is final.
07I live abroad. How do I claim my share?
Appoint a trusted person in Bangladesh through a power of attorney executed before a Bangladesh mission and processed in Bangladesh, and provide heirship and identity documents and bank details. TRW & Co coordinates attestation through our offices in London, Dubai and Singapore and represents overseas owners before the Deputy Commissioner's office in Chattogram.
Sources and official materials
- Acquisition and Requisition of Immovable Property Act 2017 — Notice, objections, compensation, arbitration (Act 21 of 2017)
- State Acquisition and Tenancy Act 1950 — Survey records and mutation
- Ministry of Land — Land administration and e-services
- DLRMS land records portal — Online khatians used for apportionment
- Supreme Court of Bangladesh — Writ jurisdiction and judgments
- Bangladesh Economic Zones Authority — Economic zone projects, including Mirsarai
General information only, current as at 2 November 2026. It is not legal advice and does not create an advocate–client relationship. It reflects the law of Bangladesh unless stated otherwise, and the law, court practice and official fees change frequently. Check current official sources and take advice on the facts of your matter.
