This presentation discusses land management and dispute cases in Bangladesh. It provides background on land ownership from ancient times through the modern era, when acts like the Permanent Settlement Regulation and Bangal Tenancy Act were passed. It defines key land terms and outlines the survey and revisional survey processes. The major sections explore authorities over land issues, types of land disputes like those over rights and titles, records, possession, and boundaries. Procedures for resolving disputes through the civil court or collector are presented. The roles of lease and settlement are also covered.
2. Background
ANCIENT ERA
The land belongs to him who clears it of jungles and makes it fit
for cultivation.
MOHAMEDAN ERA
The tenants were the actual owner of the land.
3. Background
MODERN ERA
1. the Permanent Settlement Regulation, 1793. Tenants were left
at the mercy of the Zamindar.
2. In 1885, The Bangal Tenancy Act.
3. Every raiyot had the occupancy right.
4. Preparing the ROR (cadastral survey) system was introduced.
4. Background
In 1938, a high powered Land Revenue Commission was
set up under the chairmanship of Sir Francis Floud.
Known as Land Revenue Commission, 1938 or Floud
Commission.
The East Bangal State Acquisition and Tenancy Act, 1950
was promalgated.
5. Land Holders
• According to S A & T Act-1950- Land holder has the right
to-
• have possess his land and get govt.
recognition as Malik(Sec-83),
• use land as he deem fit as per law (Sec-83),
• implement inheritance law(Sec-83),
• transfer his land(Sec-88
6. Deffination
• Mauza- consists of plots of some villages.
• Dag or plot means identification no. of the undivided part of
a land
• Khatian means identification no. or account of land owner
• Holding no. means the identification number land tax payer
• ROR-Register-1 is called the Jamabandi Register. It contains the
names of the tenants, their status, their rent and cesses and the
area and the classification of the land they hold.
Mouza map is included in ROR.
7. Survey
• From 1888 to 1944 Cadestral Survey was carried out.
• State Acquisition operation (S.A Record) was carried on from
1956 to 1963.
• Bangladesh Revisional Survey (B.R.S) has been going on
from1965.
8. Important Issues in Land Management
Concern Authorities of Land Issues
• Land Transferring Authority- Land owner, collector, empowered
officers for allotment & civil court.
• Registration Authority
• Civil Court
• Survey Authority
• Land Management Authority
9. Dispute on Right &Title
Types of Land Disputes
• Dispute on Right &Title
• Dispute on records published
• Dispute on Possession
• Boundary dispute
• Dispute on Lease and settlement
• Only the Civil Court has the right to dispose this type of dispute.
• In order to preserve government interest in any Civil Suit,
Concerned officer is liable to submit statement of facts (S.F)
10. Dispute on Right &Title
• If dispute on possession is based on private property, it will be
disposed by civil court.
• If dispute on possession is based on unauthorized occupant of
government property, it will be disposed by DC under The
Government and Local Authority Lands and Buildings (Recovery
of Possession), Ordinance, 1970.
11. Dispute on Records Published
• If dispute on records published is based on genuine mistake,will
be disposed by Civil Court (Sec-144A).
• If dispute on records published is based on bona fide /clerical
mistake, it will be disposed by collector following the mutation
process (Sec-143).
1. Stage-1: Filing Application
2. Stage-2: Institution of mutation case :
3. Stage-3: Hold Inquiry:
12. Dispute on Records Published
Stage-4: Service notice to the parties :
Stage-5: Hearing and taking evidence
Stage-6: Cross examination:
Stage-7: Final order:
Stage-8: Correction in ROR:
13. Dispute on Possession
• Stage-1: Proposal for eviction and recovery:
• Stage-2: Institution of eviction case:
• Stage-4: Primary notice:
• Stage-5: Recommendation for eviction:
• Stage-6: Final notice to unauthorized occupant
• Stage-7: Eviction order:
• Stage-8: Execution of eviction order:
14. Boundary Dispute
• Civil Jurisdiction: In the Civil Court system in Bangladesh, there no suit
like demarcation suit. (the Rules & Orders of the High Court vol.-1,
page-16 on the subject of “Procedure in Hadd–Shikni Cases”).
• Revenue Court’s Jurisdiction: No power to demarcate private land by
AC(L)(Memo No-XII-86/86/535 dt. 18.8.70.),
• Collector’s Jurisdiction:
• Only the Collector is empowered to demarcate private land according
to sections 41 to 46 of the Survey Act 1875.
15. Dispute on Lease and Settlement
• The government offers settlement of Khas land under section 76 of S A
& T Act. If anybody violets the provision of settlement or lease, the
authority can cancel the same.
• According to Sec-81B of S.A&T Act, lease will be executed by an
authority competent.
• without any such document no body can claim title and possession.
• Permission to handover possession to leasee does not mean
dispossession of the government or forcible occupation (para-97 of
manual).
• 60 years and this dispossession shall have to be openly hostile (Para-
323 of manual).