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    Lecture 3

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    Sajib CSD
    This document summarizes the legislation and policies regarding land acquisition and resettlement for the Padma Multipurpose Bridge Project in Bangladesh. It outlines the national legislation on land acquisition, as well as the safeguard policies of financing partners like the World Bank and ADB. It also describes the harmonized resettlement policy framework for the project, which aims to compensate and support all affected persons regardless of land titles, restore livelihoods, and include provisions for vulnerable groups. Key aspects of the framework include replacement land and asset values, eligibility criteria, and grievance redress committees.

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    Lecture 3

    Uploaded by

    Sajib CSD
    24 views18 pages
    This document summarizes the legislation and policies regarding land acquisition and resettlement for the Padma Multipurpose Bridge Project in Bangladesh. It outlines the national legislation on land acquisition, as well as the safeguard policies of financing partners like the World Bank and ADB. It also describes the harmonized resettlement policy framework for the project, which aims to compensate and support all affected persons regardless of land titles, restore livelihoods, and include provisions for vulnerable groups. Key aspects of the framework include replacement land and asset values, eligibility criteria, and grievance redress committees.

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    This document summarizes the legislation and policies regarding land acquisition and resettlement for the Padma Multipurpose Bridge Project in Bangladesh. It outlines the national legislation on land acquisition, as well as the safeguard policies of financing partners like the World Bank and ADB. It also describes the harmonized resettlement policy framework for the project, which aims to compensate and support all affected persons regardless of land titles, restore livelihoods, and include provisions for vulnerable groups. Key aspects of the framework include replacement land and asset values, eligibility criteria, and grievance redress committees.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    24 views18 pages

    Lecture 3

    Uploaded by

    Sajib CSD
    This document summarizes the legislation and policies regarding land acquisition and resettlement for the Padma Multipurpose Bridge Project in Bangladesh. It outlines the national legislation on land acquisition, as well as the safeguard policies of financing partners like the World Bank and ADB. It also describes the harmonized resettlement policy framework for the project, which aims to compensate and support all affected persons regardless of land titles, restore livelihoods, and include provisions for vulnerable groups. Key aspects of the framework include replacement land and asset values, eligibility criteria, and grievance redress committees.

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    You are on page 1of 18

    CE 403: Socio-economic Aspects of

    Development Projects

    Dr. Provat K. Saha


    Meeting: 23/11/2021

    Dr. Md. Mujibur Rahman


    Social Action Plan
    Case Study:
    Padma Multipurpose Bridge Project

    Chapter 4: OVERVIEW OF LEGISLATION


    AND POLICIES
    Dr. Md. Mujibur Rahman
    Chapter 4: OVERVIEW OF
    LEGISLATION AND POLICIES

    4.1 Relevant GOB legislation on land acquisition


    4.2 Co-financier Safeguard Policies
    4.3 Harmonization of policies
    4.4 Resettlement policy framework

    Dr. Md. Mujibur Rahman


    4.1 Relevant GOB legislation on land acquisition
    Basic Legal Basis: The Acquisition and Requisition of Immovable Property
    Ordinance 1982
    (Ordinance II of 1982)

    https://www.bwdb.gov.bd/archiv
    e/pdf/219.pdf

    Dr. Md. Mujibur Rahman


    4.1 Relevant GOB legislation on land acquisition
    The Acquisition and Requisition of Immovable Property Ordinance 1982
    (Ordinance II of 1982)

    • Compensation: for land , structure, trees and crops on the land


    • Ownership: supported by records (deeds, title or agreements)
    • Compensation Amount = market value + 50% premium on the assessed value

    Who deals with this:


    Ministry of Land
    Commissioner /Deputy Commissioner

    Calculation of the market value of property:


    Registrar (land)
    Public Works Department (structures)
    Divisional Forest Offices (for trees)
    Department of Agricultural (Crops)
    Department of Fisheries (for fish stock).

    Dr. Md. Mujibur Rahman


    4.1 Relevant GOB legislation on land acquisition
    Other related laws/acts:

    • The East Bengal State Acquisition and Tenancy Act, 1951


    - defines the ownership and right of use of alluvion and diluvian land

    • The Padma Multipurpose Bridge Project (Land Acquisition) Act 2009


    - promulgated to refuse any fraudulent claim for compensation of land or structures
    - Video filming the right-of-way is a provision of the law to ensure compensation for
    genuine losses only.

    Dr. Md. Mujibur Rahman


    4.1 Relevant GOB legislation on land acquisition
    Inadequacies of GOB legislation regarding land acquisition and resettlement

    • 1982 Ordinance II does not cover persons without title or


    ownership record (e.g., informal settler, informal tenants)
    • Market value of property is based on registered price which
    is lower than the actual market price
    • The act does not have provisions for resettlement of affected
    households/businesses

    National Constitution:
    - Article 40: supports requirement for supplementary measures for affected people
    - Article 42: No law with provision for compensation for acquisition of land can be
    challenged in a court on the grounds that such compensation has been inadequate.

    Dr. Md. Mujibur Rahman


    4.2 Co-financier Safeguard Policies
    World Bank Operational Policies
    (OP 4.12 on Involuntary Resettlement )

    The Asian Development Bank (ADB) Safeguard Policies


    (SPS-2 on Involuntary Resettlement )

    Japan International Cooperation Agency (JICA)

    Islamic Development Bank IDB

    Dr. Md. Mujibur Rahman


    4.2 Co-financier Safeguard Policies
    World Bank Operational Policies require
    - social screening
    - impact assessment,
    - public consultation and participation
    to ensure that projects in which it invests are implemented in a socially responsible
    manner.

    OP 4.12 on Involuntary Resettlement


    - Involuntary resettlement should be avoided where feasible, or minimized
    - Affected persons should be meaningfully consulted
    - Affected persons should be assisted in their efforts to improve their livelihoods and
    standards of living or at least to restore them to pre-project levels or to levels prior
    to the beginning of project implementation.

    Dr. Md. Mujibur Rahman


    4.2 Co-financier Safeguard Policies
    The Asian Development Bank (ADB) Safeguard Policies

    Summary Safeguard Policy for Involuntary Resettlement principles (SPS-2)

    • Resettlement screening and social assessment


    • Consultation and participation
    • Livelihood restoration
    • Assisted relocation: All relocation of displaced persons will be at project cost
    • Land title: Displaced persons without titles to land or any recognizable legal rights
    to land are eligible for resettlement assistance and compensation for loss of non-land
    assets
    • Resettlement plan
    • Disclosure
    • Monitoring and evaluation

    Dr. Md. Mujibur Rahman


    4.2 Co-financier Safeguard Policies
    Japan International Cooperation Agency (JICA)

    • A wide range of social impacts should be addressed.


    • Measures for social consideration should be applied from an early stage until the
    monitoring stage.
    • Accountability and transparency should be ensured during the entire process.
    • Stakeholders‟ opinions should play a prominent role in the decision-making process.
    • Information should be disclosed in consultation with the project proponent.
    • The capacity of organizations involved in environmental and social operations should be
    enhanced.
    • Prompt implementation.

    Dr. Md. Mujibur Rahman


    4.3 Harmonization of policies
    • 1982 Ordinance II + financiers safeguard policies
    • Harmonized policy forms the basis for the preparation of Resettlement
    Action Plans

    Dr. Md. Mujibur Rahman


    4.4 Resettlement policy framework
    4.4.1 Resettlement policy and principles
    4.4.2 Eligibility criteria
    4.4.3 Valuation of assets

    Dr. Md. Mujibur Rahman


    4.4.1 Resettlement policy and principles
    Resettlement policy framework for the PMBP has been designed
    (a) cover all affected persons/households irrespective of titles to land
    (b) compensate for lost assets
    (c) restore or enhance the livelihoods of all categories of affected
    persons.

    Dr. Md. Mujibur Rahman


    4.4.1Resettlement policy framework
    PMBP Project Resettlement Framework

    (1) Affected persons will receive replacement value of land and other assets before relocation
    (2) Owners of residential/commercial units will be compensated at replacement costs.
    Renters/leaseholders affected by loss of living quarters or commercial premises will receive
    compensation and resettlement benefits due to loss of income or dislocation.

    (3) Affected community structures or physical cultural resources will be rebuilt or replaced at
    market prices under project supervision.

    (4) Affected people will receive assistance to re-establish lost assets or

    (5) The needs of women and vulnerable groups will be identified, and provisions made for
    social and economic development support, employment, and means of subsistence to
    improve their status/livelihoods.

    Dr. Md. Mujibur Rahman


    4.4.1 Resettlement policy framework
    PMBP Project Resettlement Framework

    (6) Resettlement sites will be developed by the project with civic amenities to resettle
    affected people, particularly those losing homesteads and business structures in the proximity
    of their original villages.

    (7) BBA/resettlement implementing NGO will assist affected people and business-
    owners/operators – both directly and indirectly affected – in all aspects.

    (8) BBA will guide, supervise, and monitor land acquisition, compensation payment, and
    resettlement of the PAPs, including grievance redress and resolution of disputed claims for
    compensation/resettlement benefits.

    (9) Grievance Redress Committees (GRCs) will be formed to ensure participation, and
    speedy out-of-court settlement of as many disputes as possible.

    (10) Independent third-party monitoring by an external monitoring agency contracted to


    monitor resettlement operations and outcomes evaluation.

    Dr. Md. Mujibur Rahman


    4.4.2 Eligibility criteria
    • Compensation boundary:
    project right-of-way land proposed for acquisition

    • What are within the project right-of-way land:


    Determined by Census survey and satellite images

    • Cut-off date
    Eligibility for compensation and resettlement assistance will be limited by a cut-
    off date (COD).

    Will be refused compensation for fake structures erected on project


    right-of-way with the aim to claim compensation

    Dr. Md. Mujibur Rahman


    4.4.3 Valuation of assets
    Who: Deputy Commissioner (DC) and Valuation Advisory Committee (PVAC)

    How: determine market value based on Govt. Record (1982 Ordinance)


    Calculation of the market value of property:
    Registrar (land)
    Public Works Department (structures)
    Divisional Forest Offices (for trees)
    Department of Agricultural (Crops)
    Department of Fisheries (for fish stock).

    Replacement value determined by : Independent Agency/ Property


    Valuation Advisory Committee (PVAC) constituted by BBA with
    representatives from BBA, concerned DC office, upazia and PWD

    Dr. Md. Mujibur Rahman

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