Dr. Faysal Saleh Al Mahdi
University of Dhaka
Introductory Remarks
University of Dhaka
Introductory Remarks
Land administration in Bangladesh is not well-developed. It
is beset with multiple defects and problems. The land administration system in
Bangladesh is corrupt, inefficient, and unreliable and inherently contains
systematic weaknesses. Corruption has become a grave issue in this sector. A
World Bank survey reveals that most crimes and corruptions in Bangladesh take
place in land-related services. It's estimated that more than 3.2 million land-related cases are
pending before the judiciary. A large number of the aggrieved persons is
not empowered enough to approach the courts for litigation. Land disputes often
lead to violence and criminal offenses. It is said that 80 percent of criminal offenses today stem from
land disputes. A majority of them concern the landless or rural people, who are
deprived of the right to justice because of their financial incapability.
In a developing country like ours land distribution system is
often alleged to foster inequality which goes against fundamental rights and
fundamental principles of state policies stated in the Constitution promising
to establish economic and social justice.[1]
Due to age-old land management system, corruption has managed
to achieve institutional acceptance. In this age of globalization, we need to
get rid of this worrying cycle.
|
STEP 1
|
Þ Age-old System of Land Administration
The land management system in Bangladesh is based on age-old
or traditional regulations. Most of the regulations were enacted during the
British period. The outdated regulations rely mostly on land
officers, revenue collectors and surveyors which paved the way for corruptions.
Some of the regulations produce doctored records, thus forcing the land owners
to bribe them to keep proper records of their lands. Other than this, a few
sub-registrars, revenue officers and surveyors secretly tempt squatters to take
over the land of innocent owners.
The quality of land management is regarded as a benchmark in
civilized societies. Proper processing of land ownership, registration,
relocation, mapping, tax payment, will or testament and other legal documents
will be possible only with modification of the central infrastructure of land
administration.
Þ
Corruption
The land administration in Bangladesh is
highly corrupt. A survey led by TIB (Transparency International Bangladesh)
in 2012 shows that 54.8% of the
households that received services from the land administration paid bribe and
unregulated money. The survey also shows that the households in Bangladesh paid
TK 2,261.2 Crore during the period
between May 2011 and April 2012 as bribe or illegal money in land
administration sector!
It
was found in the survey that 16.6%
of the households received services from land administration sector and among
them 59% were victims of corruption and harassment.
Households
became victims of corruption or harassment in receiving services on the
following issues:
Issues & Corruption Rate in Land
Administration
|
1 1. Mutation (34.6%),
|
2.
Document of registration (30.1%),
|
3.
Searching and collection of documents (29.5%),
|
4.
Paying land development tax (18.3%),
|
5.
Land survey
(6.4%),
|
6.
Getting lease and settlement in khas land (1.5%)
|
7.
Others (land acquisition etc.) (0.9%)
|
TIB Survey, 2012
From
that survey, it has become clear that among the service sectors of the country,
the land administration stood second in terms of corruption-rate (59%).
Þ Lack of proper
implementation of Land Laws
Land Law is one of the most neglected
areas of law in Bangladesh. The lack of a proper land distribution system has
caused an increase in the number of landless people.
The SAT Act provides for a
usufructuary mortgage, and states that a raiyat cannot enter into any other
transaction of his raiyat holding except a complete usufructuary mortgage.[2]
It was enacted to protect the helpless raiyat, but this type of mortgage is not
practiced in all rural or urban areas in Bangladesh.
The Act also provides for preparation
and revision of record-of-rights.[3]
It is thought that the local land
officers, including the Union land office, are areas of great corruption. The
record of rights must be maintained electronically to help prevent such
corruption.
The procedures for amalgamation,
sub-division and consolidation of holdings and formation of co-operative farms
are specified by the state Acquisition and Tenancy Act of 1950.[4]
However, Bengalis are not interested in cultivating land in co-operative ways.
The
law related to bargadars (sharecroppers) in the Land Reforms Ordinance of 1984
is not practiced by the owners of land.[5]
The ordinance provides for a registry barga-contract for five years and ensures
a two-thirds share for the bargadar in the crop produced by his labor, plough,
seeds, irrigation water and fertilizer.[6]
The
Land Reforms Ordinance of 1984 could be amended by inserting provisions, like
the Operation Barga, to make registration by the real owner binding and force
them to bear cost. It could also be amended in the name of the bargadar for
making khatiyan (a document of rights to land) in an effort to protect the
interests of the bargadar.[7]
Legislation could be enacted
empowering village courts to dispose of suits relating to partition,
pre-emption, demarcation of boundary, and mortgage by alternative land dispute
resolution.[8]
Þ Defective Land Tenure Forms
Ownership of land in Bangladesh is vested in either private
individuals or entities of the state. Ownership-rights to land for individuals
can be acquired through purchase, inheritance, gift or settlement by the
government. The old-fashioned Transfer of Property Act 1882 and Registration
Act of 1908 set out the procedures for titling and registration of land
ownership, which are complex, long, costly and suffer from corruption.
The registration fee amounts to 8% to 10% of the total value of
the land (depends on the area, whether rural or urban) and other miscellaneous
charges to 2%. Thereafter, another problem is the “procedure of Transfer of
Property”.
At least 60 per cent of rural
families are land-poor[9]
including landless. These people are turned into seasonal laborers, working or
sharecropping on land belonging to others.
Therefore, a range of tenancy
arrangements, including term leases and sharecropping, offer a significant part
of rural households access to land. Sharecropper tenancy has declined, while
fixed-rent tenancy and medium-term leasing arrangements have increased. Most
land-tenancy agreements are conducted verbally, although the Registration Act
of 1908 sets out a process for registered leaseholds.
Þ Inequitable and Insecure Land Rights
Access to land is inequitable. In rural areas 89% of
landowners own less than 1 ha and thirty-nine percent have less than 0,2 ha.
The number of landless households is growing.[10]
Cosmetic Land reforms have not redressed this situation despite tenancy
reforms, imposed ceilings on landholdings, and provisions for the distribution
of public land to the landless. Land governance is caught up with social,
economic, and political power in Bangladesh. Moreover, land rights are insecure
in large measure because of an inefficient, expensive, and corruption-prone
system of land titling and registration.[11]
The distribution of khas land to ineligible households,
possession of government-allocated land by ineligible persons, elite and
corporate land grabs of public land inhabited by landless people, unaccountable
land administration and record management are among the common causes of land
conflict. Overall land grabs and illegal logging by authorities and
officials has reduced public confidence and support.[12]
There is a demand in society to reverse land-grabs committed by
elites and ensure due process. Land titling disputes fall within the
jurisdiction of the Ministry of Land but some disputes are resolved before an informal
dispute resolution body called a shalish, over which influential local
leaders preside. The majority of both civil and criminal cases filed in the
court system emanates from disputes over land and are linked to the system of
land registration. Such disputes take extremely long to resolve, hampering most
Bangladeshi of defending their land rights through the formal system. It is
therefore important to strengthen local and traditional conflict resolution
bodies for alternative dispute resolution as well as to reform the laws,
structures and accountability mechanisms.
Ongoing
and increasing conflict in the Chittagong Hill Tracts region is related
to the migration of settlers onto land held by indigenous people under
customary law[13]
therefore need Cadastral Survey according to possession or position before
1980.
Ongoing conflicts
over control of water-bodies are negatively impacting on life and livelihood of
poor fishermen communities. There is a need to reform the water policy so as to
allow for increasing fish-production while protecting the livelihoods of
fishing communities.
Þ Multiplicity
of Documents or Records of Rights
Each of these functions is handled by different offices. At
the lowest tier, the function of record keeping is the jurisdiction of the Tahsil office while that of registration
is of the office of the sub-registrar and there is a different office that
handles the function of settlement.
The major problem here is that ownership rights are being
recorded in two different offices each of which follows completely different
executive jurisdiction process. Tahsil
office has a chain of command distending from the Ministry of Law. Similar is
the cases with settlement.
The problem arises when there is a conflict over land claims
and thereby a dispute looms dangerously. Now, to have a satisfactory resolution
of the dispute, the most important requirement is the proof of ownership. Now,
if one party brings a proof from Tahsil
office, another from Registrar's office and yet another from the Settlement
office, and if there happens to be a difference, which is obvious, then how a
judge is to adjudicate the dispute? Because, these offices are legally
constituted and hence the documents authorized by these offices are legally
admissible. This multiplicity of documents or records of rights is the central
flaw in the system of land administration.
Þ
No Appropriate Process to identify an Inheritor
In our current land management system, there is no suitable
process to identify an inheritor of land. At present, in this case the court
has to depend on village marriage register (Kazi). As such, adjudication of the
case is based on his opinion. Allegations are rampant that receiving large
amounts of bribe the staffs of Land Record Directorate tamper with the
documents in different ways in order to create false ownership.
Þ Faulty Mutation work and Dual Ownership
The National Land
Revenue Board has not been doing the proper mutation work in due time. As a
result, dual ownership is often created. Besides, the Board never properly
identified khas land, khas water bodies, khas ponds, enemy property, abandoned property as well as unused
land under different government offices. Consequently, land grabbers have
occupied these lands. The existing land ceiling has not been properly enforced.
Þ Customary Agriculture System
The current agriculture system is too fixed, absolute and
more importantly traditional. Government has never identified skilled
agricultural workers. There is no fixed working hours and appropriate wage for
agricultural labour in Bangladesh. The sharecropping law has never been
enforced. The present land distribution committee is dependent on bureaucrats.
Thus, land reform has never been a success due to lack of political willingness
and vested interest groups within and outside the government.
Þ
Land-grabbing
Land-grabbing
of both rural and urban land by domestic actors is a problem in Bangladesh.
Wealthy and influential people have encroached on public lands with false
documents and obtained court decrees to confirm their ownership, often with
help of officials in land administration and management departments.[14]
Among
other examples, hundreds of housing companies in urban areas have started to
demarcate their project area using pillars and signboard before receiving
titles. They use local musclemen with guns and occupy local administrations,
including the police. Most of the time, land owners feel obliged to sell their
productive resources to the companies at a price inferior to market value.
Civil servants within the government support these companies and receive some
plot of land in exchange. The Land grabbing culture has been increasing because
of non-transparent administration.
Successive governments have failed either to redistribute
government land, known as khas land or to cap the amount of land
owned by individuals. Those rich enough to bribe officials have illegally
bought up government-owned land. In the process, small and marginal farmers
became landless village poor, many of them migrating to urban areas to live in
slum conditions.[15]
According to reports by a Dhaka-based NGO, the Association
for Land Reform and Development, forged ownership records are the chief cause
of land disputes and land disputes make up around 80% of the country's criminal
cases. The number is even higher in the civil courts.
Þ Flawed “Khas Land” management and
distribution system
Khas land
includes any land let out together with any building standing thereon and any
necessary adjuncts thereto, otherwise than in perpetuity.[16]
The SAT Act provides grounds for ejectment, in which case the interest of a
raiyat in a holding is extinguished.[17]
When any property is imposed on the government, that property is completely
disposed by the government.
The following circumstances are
examples of types of land that are khas
land:
i. If any holding or part of it is sublet, the interest
of the raiyat shall be extinguished.
ii.
If any person voluntarily abandons his residence or
does not cultivate his land for a period of three years without payment of
rent, his interest shall be extinguished.
iii.
If a char emerges from river or sea, government will
possess the land if there was no owner of the land ever before.
iv.
If the diluvium land becomes alluvium again after 30
years, the government can claim the ownership of that land. These types of land
are called khas land.
v.
When a person dies intestate leaving no heir entitled
to inherit under the law of inheritance.
vi.
When any person purchases land exceeding 60 bighas
violating Presidential Order of 1984.
Although the government has a khas land distribution policy, the poor
people who received land under it are hardly able to retain the land. The
influential and powerful land grabbers inevitably force them to leave the land.
When they go to the police, they are arrested as dacoits—this is a serious form
of corruption. The influential and the police are on the same side.
Additionally, the renounced political leaders are also the bug land grabbers,
exacerbating the situation.
Some forms of Khas land related problems are depicted via an exclusive chart below-
Steps
|
Problems
|
Identification
|
· Much khas land is not properly
surveyed or not surveyed until occupation is well underway.
· It is often unclear whether land is khas
or not.
· IPs may occupy the land illegally, by
bribing the police and/or tehsildar, AC (Land) and UP Chairman by
paying them a share of the produce and bribing the surveyor/tehsildar to
falsely record it as their own.
|
Notification
|
· Those responsible for notification
only pass word to contacts, friends and relations with some eligible and
potentially interested parties not finding out at all, or
until it is too late.
|
Application
|
· Uneducated people cannot fill in the
form themselves and are either deterred from applying or incur obligations to
people who help them.
· Elite signatories demand bribe or a
share of land produce for supporting application.
· Teshildar demands
a fee for providing and completing
or accepting the form.
· False applications from larger land
owners accepted because they are powerful and/or pay a bribe.
|
Listing Name
|
· Tehsildar
or
UP chair may require a bribe.
· Applications
are (often falsely) screened out for being filled out incorrectly.
|
Þ Pattern
of land distribution
Since the number of landless, poor
families is around 10 million, Bangladesh has 10 million bighas[18]
of distributable khas land that is
potentially available for cultivation by those with no land.[19]
According to the gazette of the
Bangladesh government published on May 8, 1997, the husband and wife of a
landless family are to jointly receive 1.5 acres of khas land.[20]
Overall rehabilitation of 430 families, or 2,322 persons, is possible within 1
square mile.[21]
The average number of members per family in Bangladesh is 1,722.89 square kilo-meters
or approximately 672 square miles.[22]
It is possible to permanently rehabilitate 28,960 families, or 1,560,384
landless poor on 627 square miles.[23]
Char land is very fertile for
agricultural production. If these lands can be distributed among the landless
poor, each and every piece of land will be properly utilized. It has the
potential to be the best means for reducing poverty in Bangladesh and creating
national development.[24]
It will also help to reduce disorder and disputes which have existed in the
char areas for centuries.
As such, it will establish law and
order in the char areas, while ensuring good governing practices and democracy.
Enormous opportunities for employment
will emerge if char lands are distributed among the true landless poor.
According to the book, Political Economy of Khas Land in
Bangladesh, written by Dr. Abul Barakat:
Identification and management of khas land (state owned land) and water
bodies, distribution of the same to the landless and poor people, retention of
such land water-bodies by the landless and pertinent rules and practices within
the prevailing social-political context of Bangladesh constitute prime issues
of agrarian reform.[25]
Such
reform will enable middle-sized peasant families to manage their food
year-round from the allotted land. Moreover, it can solve the housing problem.
When landless poor possess a piece of land, the family’s status increases in
society. The family’s personal status will be recognized as well. They can
actively participate in different social programs, including shalish,[26]
which can help reduce rural to urban migration. Char based people would be able
to establish their voting rights and exchange their opinions in different
forum.
Þ Defective
restoration process of vested properties
On 9th April 2001
the Parliament of Bangladesh passed the Bill regarding the restoration of
vested properties to the rightful owners. On 11th April the President assented
to the Bill and thereupon the Restoration of Vested Properties Act, 2001 came
into force. The
Act mainly aimed at restoring the properties of Hindu minorities and Indian
nationals that was vested in the government by virtue of Bangladesh (Vesting of Property Assets) Order, 1972.
But in the sphere of time, the restoration process
resorted to many defects and problems. Every day we find reports
in various newspapers about many technical problems in the process of restoration
of vested properties. Questionable enlistment of vested property, corruption of
govt. officials, undue interference of politicians, sufferings of mass-people
and harassment of many legitimate owners have made the whole process of
restoration of vested properties defective and contradictory.
|
STEP 2
|
Feasible Solutions and
Recommendations
ü Employing trained persons in survey
works
It
is is of key importance to engage properly trained, experienced and educated
persons in survey and mapping works. A magistrate
should be appointed who would be present in the field during the survey and
mapping period. A temporary magistrate's
court must be established in the field during the survey works. The
contract basis works of survey and mapping must be discontinued. A committee with members of civil society
should be formed which would act as a watchdog
during the survey works. The presence of
Land Revenue Officer in the field must be ensured during the survey works.
ü Efficient
surveying, documentation, recording and taxation system
A
single parcel basis system of land registration must be established which needs
modification of existing laws and introduction of new legislation. It is
necessary to create an efficient surveying, documentation, recording and
taxation system, which would provide transparent land administration of the
government for the public. Redesigning existing register books, indexes and khatiyans and creating a stand-alone
"Land Register" showing existing land ownership and new transaction
is needed.
ü Combining the functions of record
keeping and registration
The
functions of record keeping and registration have to be brought within a single
executive process at the field level i.e. Tahsil
office and Sub-Registrar's office both should come within the jurisdiction of a
single executive officer, say the Assistant Commissioner (Land).
ü Proper identification of total
amount of khas land
Total amount of khas
land of different types should
be identified and published by the government in the media.
ü Releasing illegally occupied khas lands
Illegally occupied khas land should be released and
brought under government control.
ü Khas
land
management committee at the national & district level
Khas Land Management
Committee at the national level, and a Khas land Management and
Distribution Committee at the district level with strong presence of peasants and
landless representatives should be established.
ü Removing
complexity of khas land distribution “application form”
The khas land
distribution “application form” is a
complicated one, which is difficult to fill-up even by an educated person. Such complexity gives advantage to the land officials to take undue
advantage from the landless peasants. The form should be made easy and written
in simple language. Harassment by
the land official, tesilder in
particular, during submission of application should be stopped and the process
should be made more transparent.
ü Wide
publication of all information relating to enlistment and distribution of khas land
All information
relating to enlistment and distribution of khas land should be widely
published. In order to minimize the scopes for bribes and maximize
transparency, the information to be widely disseminated shall include, among
others the following: how much land (by types) is available where for
distribution, the procedural steps to be followed by a landless, who is
eligible to apply – when and to whom, how much money a landless needs to pay –
for what and to whom, what is the expected time for allocation, how to get
possession over the land, what needs to be done in case of various problems.
10. Land recording and administration system should be reformed to stop the
forging of deeds and other land-related documents.
ü Developing Intensive monitoring
system
Intensive and
continuous monitoring system should be developed to ensure transparency and
efficiency of the land officials.
ü Watch-dog mechanism
A watch-dog mechanism comprising peasants’ representative, NGO,
Social workers should be developed to check corruption, e.g.; bribe, harassment
while processing documents.
ü Compeletion of diara survey within
shortest period
Diara
survey of the alluvial and accreted land should be
completed within shortest possible time.
ü Ensuring security of the land
officials
Security of the land
officials should be ensured during conduction of the survey and distribution of
khas land.
ü Independent
committee to identify khas land
Along with the
government’s survey, independent committee comprising the representatives of
landless people, peasants’ organization, political parties, NGOs should be set
up to identify the landless and khas land.
ü Elimination
of vested interest group from khas land distribution mechanism
If this vested interest group could be eliminated
from khas land distribution
mechanism all the genuine landless could be
incorporated in the list and the
proportion of khas land
receivers among landless people would rise to a large extent.
ü Orientation training
Orientation training should be organized for the landless
people to impart them with the knowledge about the necessary land-related laws.
ü Work of mutation, change of
classification of land in due time
The work of
mutation and change of classification of land must be ensured in due time.
Government should identify the khas lands, khas ponds, khas water bodies, enemy
property, abandoned property, unused land of different government offices and
distribute these among the landless poor as per government laws.
Government also should acquire and
reclaim swamp areas and wastelands suitable for aquaculture and distribute them
on favourable terms to fishermen for
development of aquatic farming, identify the accreted land (chars) from the sea and rivers and distribute these
as per land reform related Presidential Ordinance, 1972, increase the
participation of civil society in land distribution committee and decrease the
number of bureaucrats in khas land
distribution committee.
ü
Amendment
of land laws
The State Acquisition Act; Vested
Property Ordinance; Bengal Tenancy Act; East Bengal Non-Agricultural Tenancy
Act, 1949; Bengal Permanent Settlement Act, 1793; Bengal Regulation Act, 1793;
Transfer of Property Act 1882, SAT Act; Sharecropping Law; Law of Adjournment;
Inheritance Law of Land; Survey Act, 1875 and Rule 42 (1) and Part (v) of
Registration Act, 1908, must be amended according to need of present changed
circumstances.
Those laws, which discriminate
against women in respect of rights of inheritance, ownership and control of property,
must be repealed and ownership rights promoted for women, including joint
ownership and co-ownership of the land in its entirety to give women producers
with absentee husband effective legal rights to take decision on the land they
manage.
ü Pro-poor administrative reforms
Government should take steps for such
pro-poor administrative reforms as would reduce conflicts over land as well as
bureaucratic corruption and increase small holder security. Enhancing poor
people's right to land is likely to require a range of interventions to
strengthen their own voice, advocacy to gain support from government, and
create impetus for reform and also institutional reform per se to enable the
demand itself to be met, particularly at the local government and
administration level.
ü Combating corruption
For combating corruption in the land
sector some specific measure may apply-
− Land information
should be available (create sort of ‘cadastre’)
− Guaranteed open access to all
information (general interest
priority over private interest)
− Accountable process management (e.g.
no change in register or
map without a legally valid source document)
− Land Tribunal (to
enhance efficiency judiciary)
− Computerization
otherwise no efficient data-handling.
ü Reform in the judicial process
Judicial process
must friendly towards the people. At present around 9.5 lakh of civil suits are
pending with different courts of the country, among which around 80 per cent
are land related. A land related case requires 9.5 year on an average to
settle.[27]
ü Introducing ADR
Alternative
Dispute Resolution (ADR) system should be introduced in land conflict
resolution to overcome the logjam in the courts and give poor people justice.
ü Translating
laws into easy Bangla
Land-related
laws should be translated into Bangla as most of the people involved in land
disputes are poor and do not understand English.
ü Introducing easy tax payment system
Tax payment book can be
introduced for five years for the land-owners under which every year owners
will be able to pay their taxes in banks with the book, and they won’t have to
go to land administration at the district level for five years.[28]
ü Modernizing
land survey system
The satellite survey system can be
introduced in the place of old-age time consuming and corruption leading
cadastral survey.[29]
ü Computerizing record-of-rights
The Record-of-right can be preserved in
computer database namely LIS (Land
Information System) and the holders of Record-of-Rights can be given land
ownership certificate, which can help detecting fabricated documents and
preventing multiplicity of suits.[30]
ü Lessening the burden of civil
courts
The Revenue Officer can be given power
to dispose of suits relating to partition, possession, demarcation of boundary,
authenticity of the deed, pre-emption etc. so that the litigants can save their
time and money and can thus help taking the burden of Civil Courts off.[31]
ü Protecting the interests of the
bargadars
The Land Reform Ordinance, 1984 can be
amended inserting provisions alike the “operation barga” in West Bengal for
making khatiyan in the name of the bargadar so as to protect the interests of
the bargadars.
ü Enacting legislations
Legislations can
be enacted for ensuring proper plan and use of land so that agricultural lands
cannot be used for non-agricultural purposes or vice versa.[32]
Concluding Remark
Most of the Bangladeshis are predominantly dependent
on land for their daily living. Proper management of land can protect the
interests of the bona fide cultivators and make their lives happier and
healthier. To this end in view, the importance of reshuffling and introducing
reform in the land management and land administration by making amendment to
the existing laws or enacting laws where necessary cannot be exaggerated.[33]
No policies or laws are going to change the life of
the landless poor until the government is willing to implement those. If illegally
occupied khas lands can be recovered and distributed among the landless poor
then the damaging trend of rural-urban migration will be diminished. Poverty
and many odds of the society can be reduced. If we can’t form and implement proper
strategies regarding poor, then poverty will continue to exist in Bangladesh.
[1] Dr. Mohammad Towhidul Islam, The worksheet on: The Development of Land Law and
Land Administration in
Bangladesh: Ancient Period
to Modern Time.
[2] The
State Acquisition & Tenancy Act, 1950 ch. VIII, sec. 95 (East Bengal Act
No. XXVIII of 1951).
[3] Ibid.
ch. XVII.
[4] Ibid.
ch. XV
[5] The
Land Reforms Ordinance, 1984 (Ordinance No. X of 1984), available at
http://www.bdlaws.gov.bd/pdf_part.php?id=665.
[6] Ibid.
ch. V, sec. 8(2) available at
http://www.bdlaws.gov.bd/pdf_part.php?id=665.
[7] T.
HUSSAIN, LAND RIGHTS IN BANGLADESH, 108 (1995).
[8] KAZI
EBADUL HOQUE, GRADUAL DEVELOPMENT OF LAND LAW AND LAND ADMINISTRATION, 261
(2000).
[9] Less than 1.5-acre of land owner.
[10] Survey conducted by USAID, 2010
[11] GOB BS 2008; Uddin and
Haque 2009; USAID 2010; ADB 2004c; IMF 2005; ANGOC 2001; USAID, 2010
[12] ADB 2004b; World Bank 2006
[13] ANGOC 2001; World Bank 2010
[14]
Feldman S. and Geisler C. 2011. Land Grabbing in Bangladesh: In-Situ
Displacement of Peasant Holdings.
Paper presented at the International
Conference on Global Land Grabbing 6-8 April 2011
[16]
Section 2 (15) of the State
Acquisition and Tenancy Act, 1960
[17] The
State Acquisition & Tenancy Act, 1950, ch. XIII, sec. 85 (East Bengal Act
No. XVIII of 1951).
[18] “A measure of land in India, varying from a
third of an acre to an acre.” Webster‟s Revised Unabridged
Dictionary, bigha,(1913), available at http://www.thefreedictionary.com/bighas
[19]
Dr.Abul Barakat, Political Economy of Land Litigation in Bangladesh,
BANGLADESH OBSERVER, Jan. 7 2004;
HOSSAIN, supra note 23, at 397.
[20] Md. Abdul Kader, Necessity of Changes in
Laws Dealing With Land Erosion by Rivers, THE DAILEY STAR, Oct.
3,
2004 at 8, available at http://www.thedailystar.net/law/2004/10/01/index.htm.
[21] Ibid.
[22] Ibid.
[23] Ibid.
[24] Ibid.
[25] Md.
Shariful Alam Chowdhury, Land Administration and Agrarian Land Reform for
Sustainable Urban
Development
and Poverty Reduction: The Bangladesh Agenda, in URBAN DEVELOPMENT DEBATES IN THE
NEW
MILLENIUM: STUDIES IN REVISITED THEORIES
AND REDEFINED PRAXES 28 (2005).
[26] Shalish is a “social system for informal
adjudication of petty disputes both civil and criminal, by local
notables, such as matbars (leaders) or shalishkars (adjudicators).”
Fazlul Huq, Shalish, Banglpedia:
National Encyclopedia of Bangladesh, http://www.banglapedia.org/httpdocs/HT/S_0281.HTM
[27] General
Secretary of the Bangladesh Economic Association (BEA) Professor Abul Barkat
revealed this at a
working session on `State, Society and Governance’
Source:
www.weeklyholiday.net
[29] KAZI EBADUL
HOQUE, GRADUAL DEVELOPMENT OF LAND LAW
AND LAND ADMINISTRATION,(2000),
p 253
[30] Ibid. pp 253-254.
[31] Ibid. pp 255-257.
[32] Ibid. pp 268-269
[33] Dr. Mohammad Towhidul Islam, The worksheet on: The Development of Land Law and
Land Administration in Bangladesh: Ancient Period
to Modern Time.
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