The Ministry of Land has finalized the draft of the Land Crime Prevention and Remedy Act 2021, which specifies 22 types of crimes related to land in the country.
Land disputes and crimes are common in Bangladesh as the scattered and convoluted laws currently in place make it difficult and time-consuming to take legal action. The new law seeks to ease legal action to stop the loss of land through fraud, forgery and other illegal means, government officials have said.
Some land related crimes that are currently considered civil offences would become criminal offences once the new law was enacted, they added.
The draft law has already been published on the ministry’s website for public opinion to be generated on it. It will be sent to parliament as a formal bill after any necessary changes.
Land Minister Saifuzzaman Chowdhury said land grabbing would be one of the crimes that would become a criminal offence once the new law was enacted.
“If the proposed law is implemented, the number of land-related crimes and cases will be reduced due to such changes,” he added.
According to the Land Ministry, the number of land dispute cases pending in the country is around 4 million.
The proposed law proposes punishments for forging documentation, land grabbing and depriving inheritors.
Forged documentation
If a person forges documents of privately owned or government khas land or land of any organization, as well as misinterprets or deceives under the guise of lying, the offender will be punished with imprisonment for six months to two years, a fine of Tk50,000 to Tk2 lakh, or both.
Land grabbing
Anyone forcibly occupying privately owned, government khas land or any organization's land without any valid documents can face imprisonment for one to three years, a fine of Tk1 lakh to 3 lakh, or both.
If a person forcibly occupies the land due to his partner or co-heir, he may be imprisoned for six months to two years, fined Tk50,000 to Tk2 lakh, or both.
Construction of infrastructure by illegally occupying the land of government, private, autonomous or statutory institutions can result in imprisonment for six months to two years, a fine of Tk 1lakh to Tk4 lakh, or both.
Occupying land for public use, religious or charitable purposes and constructing or assisting in the construction of infrastructure can result in imprisonment for six months to two years, a fine of Tk2 lakh to 5 lakh, or both.
Partial damage to rivers, haors, or wetlands by filling them with soil, sand, rubbish, or any other substance, or by constructing infrastructure, can result in imprisonment for a maximum of one year, a maximum fine of Tk1 lakh, or both. In case of complete damage, the perpetrator may be imprisoned for six months to two years, fined Tk1 lakh to Tk5 lakh, or both.
Settlements at the foot or on top of hills without permission may be evicted at any time. The settlers may face 3 months imprisonment, a fine of Tk10,000, or both.
Death threats, illegal possession and possession of weapons to maintain control of land may be punished with imprisonment for six months to 3 years, a fine of Tk1 lakh to Tk5 lakh, or both.
Dhaka North City Corporation (DNCC) authorities demolished several illegal establishments at Mohammadpur’s Basila on Monday, January 24, 2022 Mahmud Hossain Opu/Dhaka TribuneIllegal extraction
Illegal extraction of soil or sand from public and private land, riverbanks, or river beds can result in imprisonment for six months to two years, a fine of Tk50,000 to Tk2 lakh, or both.
Illegally filling canals with soil or otherwise creating waterlogging can result in imprisonment for six months to two years, a fine of Tk50,000 to Tk2 lakh, or both.
Filing an agreement showing abnormal cost for the purpose of increasing the value of the land before acquisition can result in imprisonment for six months to two years, a fine of Tk50,000 to Tk2 lakh, or both.
Depriving inheritors
According to the law of inheritance, if more land than one’s own share is deeded by depriving another, then the perpetrator will be punished with imprisonment for six months to two years, a fine of Tk50,000 to Tk2 lakh, or both.
Forgery
Forging land documents with the purpose of reselling land that has been sold or entering into a contract with another person after concluding a sales contract or deposit agreement may be punished with two-five years imprisonment, a fine of Tk3 lakh to Tk10 lakh, or both.
Missing deadlines
The delegation of the same land to more than one person, failure to give land deeds within the stipulated time as per contract, and failure to hand over flats within the stipulated time after sale shall be punished by both a fine and jail.
Any person who directly or indirectly assists in committing any crime as described in the law will be punished in the same way as the person who committed the crime. Several of the offences are non-bailable.
“Land related legal services will be easier once the law is enacted,” said advocate Abidur Rahman.
“Crime will be reduced as mobile courts can also be operated under the law,” he added.
