The government has taken the initiative to enact a landmark law to ensure ownership and rights of land owners properly and prevent all land-related crime, including forgery, grabbing of Khas and private land, hill and soil cutting and illegal sand lifting.
The government has already drafted the law titled ‘Land Crime Prevention and Remedy Act, 2021’. It has identified about two dozen types of crime related to land.
The draft law states that the main purpose of this law is to stop fraud, deception and loss through forged documents. The draft law aims to alleviate sufferings of people by reducing the delay in civil and criminal cases. Many crimes that are considered civil offences will become criminal offences after the law is enacted.
The draft of the ‘Land Crime Prevention and Remedy Act, 2021’ has been uploaded on the website of land ministry for public opinion.
Syed Md. Abdullah Al Nahyan, public relations officer of the ministry, said that the draft would be sent to the Cabinet after receiving opinions from stakeholders. The draft will be placed in Parliament after approval of the Cabinet. The draft law includes the issues of cheating and making fake documents for owning land and cheating during buying and selling land and flats; depriving inheritors of fair share; illegal grabbing of Khas land, land of individuals or any organisation or any religious institution, playground and water bodies; illegal hill and soil cutting and sand lifting; and cutting top soil without permission.
Increasing in land value prior to acquisition, settlement on hill or at the foot of hill without permission, assisting and inciting crime over land and penalty for creating waterlogging are also incorporated in the draft law.
The crimes punishable under the new law include claiming ownership of more land than the actual size; tricking someone into registering more land than the actual size; secretly sell land after prior sale or transfer or after taking advance payment for sale; and cheating with inheritors and con-inheritors.
Land Minister Saifuzzaman Chowdhury said that the proposed law would help prevent all kinds of land grabbing and other land-related crimes, as such crimes are declared in the law as criminal offences. “If this law is enacted and implemented, the land-related crimes will decrease. As a result, such cases will be reduced,” he said.
The government has the plan to take effective initiative to rescue khas (government owned land) after the enactment of the law.
Widespread corruption takes place through Power of Attorney during the acquisition process and payment of compensation. Many people, particularly people in the rural areas, are regularly being deceived and harassed by dishonest persons due to misuse of the Power of Attorney system. For this reason, the system in the Land Acquisition case (LA Case) may be included in the law.
“The final decision in this regard will be taken based on everyone’s opinion,” said an official of the land ministry.
Meanwhile, a delegation of the Real Estate and Housing Association of Bangladesh (REHAB) will hold a meeting at land ministry over the issue on Sunday (February 6).
Talking to the Bangladesh Post on Friday Advocate Kamruzzaman, a lawyer in Dhaka, said that land dispute often leads to violence and criminal offences in the country. A unified law is needed in this regard. The government’s move is appreciable and it is a landmark initiative, he added.
He said that for so long, many of land-related crimes have been considered civil offences. It takes a long time for judgment. If the new law is passed, many civil offences will be identified as criminal offences which will be brought to justice speedily.
Nearly four millions of land-related cases are now pending with the judiciary in Bangladesh. Against this backdrop, the law has been drafted and if it is enacted, it will ease the troubles of people and bring about further discipline in the land management, said lawyers.
As per the draft law, if a person forges documents of privately owned or Khas land or land of any organisation, he will be punished with imprisonment of six months to two years, fine of Tk 50,000 or both. If a person forcibly occupies such land without having valid documents, he may be liable to imprisonment for one to three years, fine of Tk one lakh to three lakh or both.
If any documents show more land than one owns, he can be sentenced to two to five-year imprisonment, a fine of Tk three lakh or both. Punishment for more than one sale of the same land is also mentioned in the draft law. If a person deals with the intention of reselling the land he has sold, he can be sentenced to two to five-year imprisonment, a fine of Tk three to 10 lakh or both. It would be a non-bailable offence.
Re-negotiation of pledged land is also a punishable offence. If anyone re-enters into a contract with another person after concluding a sales contract or a deposit agreement, he will be punished with imprisonment of two to five years, fine of Tk three to 10 lakh or both.
Misunderstood donation certificate would also be a crime and punishment of the cheating is imprisonment of six months to two years, a fine of Tk 50,000 to 200,000 or both.
Depriving co-inheritors through making document and depriving others of more land than their share can result in imprisonment of six months to two years, a fine of Tk 50,000 to 200,000 or both. Depriving co-inheritors and selling more land than they can afford would be a crime and the punishment is imprisonment of six months to two years, a fine of Tk 50,000 to Tk 200,000 or both. If a person forcibly occupies the land due to his partner or co-inheritor, he may be liable to imprisonment for six months to two years, a fine of Tk. 50,000 to Tk. 200,000 or both.
Illegal soil cutting and sand lifting from government or private land, riverbanks or riverbed would be a crime. That is why, imprisonment of six months to two years, a fine of Tk 50,000 to Tk 200,000 or both can be imposed.
Filling the soil illegally or creating waterlogging in any other way will be considered a crime. That is why imprisonment of six months to two years, a fine of Tk 50,000 to Tk 200,000 or both.
Cutting the top soil without permission is an offence punishable by imprisonment of six months to two years, fine of Tk. 50,000 to Tk. 200,000 or both.
If a settlement is established at the foot of a hill or hill without permission, it may be evicted any time. Illegal settlement is punishable by up to three months imprisonment or a fine of up to Tk 10,000 or both.
Grabbing the land of charities or public institutions like playgrounds, reservoirs, cemeteries, mosques, temples, churches, dargahs, educational or sports institutions and construction or aiding and abetting there, imprisonment for six months to two years, fine of Tk two lakh to five lakh or both.
It would be an offence for anyone to register a land at a price higher than the price fixed by the government, knowing the area in which the land will be acquired. That is why imprisonment of six months to two years, a fine of Tk 50,000 to Tk 200,000 or both.
It would be a crime to make deed for the same land with more than one person, not to be able to register the deed within the stipulated time as per the agreement, not to be able to hand over within the stipulated time after sale of the flat. That is why imprisonment of six months to two years, fine of Tk 10 lakh or both can be imposed.
Not giving the flat to owner after the agreement within the stipulated time by real estate company will come under punishment of imprisonment for two years or a fine of Tk 20 lakh or both.
Illegal occupation of public-private or agency land could result in imprisonment for six months to two years, a fine of Tk one lakh to four lakh, or both.
Partial damage to rivers, haors, beels or wetlands by soil, sand or rubbish, by any other substance or way or by constructing infrastructure can result in imprisonment of maximum one year, fine of maximum Tk one lakh or both. However, complete damage can result in imprisonment for six months to two years, a fine of Tk one lakh to five lakh or both.
Damage to neighboring land owners as well as anyone who damages the co-owner or adjoining land, or makes any alterations, may face imprisonment of one to two years, a fine of Tk three lakh to one million, or both.
Muscle power to take and maintain illegal possession by showing weapons and making death threats would be a non-bailable offence. That is why imprisonment of six months to three years, fine of Tk one lakh to five lakh tor both can be imposed.
Any person who directly or indirectly assists in committing any crime as described in this law will be punished as the person who committed the crime. Re-offending he will be punished twice as much as he has been convicted before.
