The proposed land act may become illegal and impractical in some of the cases, Prof Biswajit said
Dhaka University Law and Politics Review (DULPR) has organized a webinar titled “Feasibility of the Proposed Bangladesh Lands Act 2020.”
The event was hosted by Shahrima Tanjina Arni, editor-in-chief, DULPR and Saurov Dash Roni, managing editor, DULPR on Tuesday, a press release said.
Md Mazhar Uddin Bhuiyan, an intern of DULPR covered the event.
Supreme Court Bar Association President and Senior Advocate AM Amin Uddin attended the program as the chief discussant.
Prof Biswajit Chanda, member, University Grants Commission of Bangladesh (UGC) and Dr SM Masum Billah, associate professor, Department of Law at Jagannath University, were present as panel members of the discussion
Land, cause of legal conflict
“Land” has historically been an abode of social complexity and legal conflict in Bangladesh, the release mentioned.
Recently, Bangladesh Law Commission published a draft law titled “Bangladesh Lands Act 2020” amending, consolidating and revising all the existing land related legislation in Bangladesh. The proposed law has sprung massive debates and discussion within the legal fraternity.
In the webinar, Dr Masum Billah said: “It would be best if I could say that there is no land law in Bangladesh. The law commission said, it took one and half year research to establish this draft of land act 2020.
“I think, the term ‘research’ has been used very lightly here,” adding that “there is almost 128 definition of different terms of this act. However, it is very unfortunate that the definition of the term ‘land’ is not so clear.”
Prof Biswajit said that the proposed land act may become illegal and impractical in some of the cases. He also mentioned that state administration may feel it like an extra burden because they are already facing so much trouble in managing their responsibility.
However, it is quite obvious that the proposed land act 2020 comes with a majoritarian approach.
Adv Amin agreed on that topic as well. He showed some specific article from the act and criticized it from the existing legal point of view.
The draft law needs major remodification
When questioned as to how natural justice or fairness can be provided while sometimes executive body itself come in front of a court as an accused body, Biswajit explained that one of the fundamental features of natural justice is that, between two parties of an argument, one party cannot act as a judge.
“So, when you leave judicial authority to an executive body, it will definitely not provide natural justice.”
Finally everyone came to the conclusion that this draft law needs major revision and remodification and consultation with all the stakeholders.