This paper provides an overview of the jurisdiction and power of the Land Survey Tribunal. However, before discussing the powers and procedures of the Land Survey Tribunal, it is essential to know what precisely the Land Survey Tribunal is.

 

Land Survey Tribunal and its Power

 

The Land Survey Tribunal in Bangladesh is an administrative body with the power to resolve land survey disputes and ensure accuracy in land records. It has the authority to settle conflicts related to land measurement, demarcation, and survey maps. The tribunal can issue orders and directives to survey officials, government agencies, and individuals involved in land survey activities. Its decisions are legally binding, and appeals can be made to higher courts. The Land Survey Tribunal plays a vital role in maintaining transparent and efficient land administration by promoting fairness, resolving disputes, and upholding the integrity of land records.

 

What is the Land Survey Tribunal?

 

Sections 145A-145I of the State Acquisition and Tenancy Act (SAT) were inserted by Section 2 of the State Acquisition and Tenancy (Amendment) Act 2004. By inserting this chapter, the legislature has created a special forum and an alternative way of the civil court for the rectification of the record of rights in a summary proceeding. Section 145A(1) of the SAT Act provides that the Government may establish special Tribunals specially created to determine the disputes arising out of the final publication of the last revised record of rights. The Government has already created a Tribunal called “the Land Survey Tribunal” under Section 145A(1) in almost all districts of the country.

 

What is record-of-rights?

 

The term record-of-rights, which is often termed “Khatian”, is basically a survey of the record of rights that persons have on lands.

 

Jurisdiction of the Land Survey Tribunal

 

The Land Survey Tribunal has been established to correct only the last revised record of rights. Section 145A(1) of the SAT Act states that such tribunal shall have jurisdiction upon those suits only which have arisen out of the final publication of the ‘last revised record or rights’, i.e. BS/BRS/RS, Dhaka City Jorip Khatian. Therefore, the Land Survey Tribunal suit can be filed to correct only the last record of rights.

 

Powers of Land Survey Tribunal

 

An applicant first challenges a record of right in the Land Survey Tribunal. Upon the application, the Land Survey Tribunal can declare the record under challenge to be incorrect and direct the concerned officials to correct that record according to its decision; that tribunal may also pass such other order as necessary. Every order of the Tribunal must first declare the record to be incorrect and then provide another order to correct the said record according to its said declaration.

 

The limited scope of the Land Survey Tribunal

 

Land Survey Tribunals have no jurisdiction to decide on disputes as to title and possession of the parties, and therefore any decision of the Tribunal must be limited to the correctness of the record of rights only. Such a decision will have no upshot to any person who acquired any right or title to the self-same land either by virtue of possession or by bona fide purchase for valuable consideration from the ostensible owner. Hence, any such person acquiring title may resort to the civil courts to establish his right and title. However, in a suit for correction of record-of-rights, the plaintiff at first shall prove his legal right to the lands in question and then that he also possesses that land.

 

Appeals to the orders and decisions of the Land Survey Tribunal

 

From the judgment, decree or order of the Land Survey Tribunal, the appeal shall lie in the Land Survey Appellate Tribunal. Further, an appeal from a judgment or order of the Land Survey Appellate Tribunal shall lie to the Appellate Division of the Supreme Court only if the Appellate Division grants leave to appeal. But unfortunately, till now Land Survey Appellate Tribunal has not been formed by the government.

 

Cases related to Land Survey Tribunal at CLP

 

The Barristers, Advocates, and lawyers at CLP in Gulshan, Dhaka, Bangladesh, are highly experienced in assisting clients in correcting record-of-rights at the Land Survey Tribunal. For queries or legal assistance, please reach us at:

E-mail: info@counselslaw.com
Phone: +8801700920980 | +8801947470606
Address: House 39, Road 126 (3rd Floor) Islam Mansion, Gulshan 1, Dhaka.