Whose land is it anyway?

Land remains one of the most valuable, contested, and emotionally charged resources in Bangladesh, shaping wealth, livelihood, and social identity.

Yet, this vital resource has caused numerous legal disputes that have crippled the judiciary. From rural farmlands to urban real estate, conflicts over ownership, inheritance, boundary demarcations, and illegal possessions have flooded the courts, making land litigation one of the toughest challenges to Bangladesh’s legal and judicial system.

As of December 31, 2024, there were 45,16,603 pending cases in courts. Of these, 31,606 cases are pending in the Appellate Divison, 5,89,651 in the High Court Division, 38,95,832 in lower courts, and 74,259 in family courts -- an alarming increase from 17,89,914 in 2008.

In Bangladesh, filing a lawsuit can often be compared to planting a magic tree that keeps growing year after year but never bears flowers or fruits. Both the growing complexity of land-related issues and the inefficiencies of the legal system are depicted in the sheer number of cases.

Land disputes in Bangladesh arise from various factors -- inheritance conflicts, forged documents, illegal occupations, and defective surveys. Rapid urbanization, the expansion of factories, and environmental degradation further heighten these conflicts. Senior secretary of the ministry of land, ASM Saleh Ahmed, stated that almost 80% of all legal cases in the country are land-related disputes and remarked that most people lack a proper understanding of prevailing land laws, which often leads to overlapping claims and multiple lawsuits within the same family.

Consequently, almost every household deals with some sort of land-related issue, many of which continue for decades, passing through the Assistant Judge Court, District Judge Court, High Court, and sometimes the Appellate Division -- often leaving litigants without meaningful solutions.

The plight is rooted in a merger of outdated laws, poor land management, and deep -seated corruption. Bangladesh still relies on colonial-era laws that were designed for a different era and fail to address current realities like urbanization and digital recordkeeping.

Not having one unified system for land records makes things worse. Different authorities keep separate records that often contradict each other. Outdated maps, counterfeit deeds, and incomplete mutation records make it extremely daunting to determine true land ownership.

Rampant corruption at every level -- from clerks to surveyors -- further erodes public trust. Studies show that almost half of the money spent on land dispute lawsuits goes to bribes, while dishonest officials and middlemen take advantage of legal loopholes to manipulate documents and delay proceedings.

The acute shortage of judges and judicial resources exacerbates the issue. Bangladesh has very few judges compared to its population -- just one judge for about 94,444 people, making it one of the lowest ratios in South Asia. According to the latest report from August 2024, there were only six justices in the Appellate Division, 78 in the High Court Division, and around 1,800 judges in the lower courts.

For a country with more than 170 million citizens, that is simply insufficient. In contrast, India maintains a ratio of one judge per 47,619 people, and Pakistan one per 50,000. This staggering imbalance leaves courts severely overburdened, forcing judges to handle hundreds of cases each month, leaving little time for in-depth hearings or proper decision-making.

This backlog has far-reaching effects on society and the economy beyond the judiciary. As Martin Luther King Jr poignantly stated,“justice too long delayed is justice denied,” a reality reflected today as justice delayed becomes justice denied for thousands of citizens, undermining their constitutional right to equality and access to justice.

Investors, wary of acquiring disputed properties, hesitate to engage in real estate or agricultural ventures, slowing economic growth. Socially, unresolved land disputes frequently trigger rural violence, split up communities, and sometimes lead to fatalities. In some cases, miscreants backed by powerful people exploit the judicial vacuum to evict rightful owners.

The government has acknowledged the severity of the crisis, and the Ministry of Land has introduced several reforms to alleviate the burden. Laws such as the Land Crime Prevention and Remedy act, 2023 aim to combat land fraud and illegal possession, while the Acquisition and Requisition of Immoveable Property Act, 2017 make sure fair compensation during land acquisition.

Amendments to the Registration Act, 1908 have strengthened safeguards against fraudulent transfers. The government has also built one-stop land service centres for tax payments and registration, as well as the Digital Land Management System, which allows landowners to verify records and apply for mutation online.

Measures such as e-mutation, online land development tax collection, and digital mouza map distribution are being implemented to enhance transparency. Alternative Dispute Resolution (ADR) has already proven effective in family courts, where Chief Justice Syed Refaat Ahmed reported over 10,000 case disposals in the first quarter of 2025 alone. To prevent new backlogs, the chief justice also emphasized the necessity of setting deadlines, holding requisite case management conferences and implementing more robust court-annexed mediation methods.

Despite these efforts, the backlog of land cases remains immense. The situation is unlikely to change unless reforms are implemented with transparency, adequate resources, and strong political will. The crisis is not merely administrative but a reflection of broader governance failures.

Lessening the backlog is not solely about clearing files but restoring confidence in the rule of law, guaranteeing justice, and strengthening Bangladesh’s foundation of justice.

Fatema Jarrin Habiba is a freelance contributor and a student of law.