Suspension of land mutations without CS record a recipe for social unrest

Md Hafez, in his 70s, urgently needs to sell his eight-decimal plot, located in Taranagar Union of Keraniganj upazila in Dhaka district, to cover his medical treatment costs.

Despite trying for the past three years, he has been unable to find a buyer. 

This difficulty stems from the suspension of ownership transfers (mutations) by the land office for properties without a Cadastral Survey (CS) record, as mandated by a High Court ruling in 2009.

Although the land has SA (State Acquisition) and RS (Revisional Survey) records and the government has been receiving land taxes for the past 68 years since the SA survey began in 1956, Hafez has abruptly lost the ability to transfer ownership of his property.

Hafez has been going from one government office to another in search of a solution, unsure of the fate of his land.

He had bought the land specifically for times of need such as this, but despite paying regular taxes, he is now unable to transfer its ownership. "This clearly goes against my basic human rights," he said. 

And Hafez is not alone in his predicament.

Land offices across the country have suspended land transfers for properties lacking CS records, causing immense suffering for millions and posing a serious risk of social unrest. 

Millions of people could be rendered landless if river boundaries are demarcated based on the CS maps, which were prepared 136 years ago, between 1886 and 1940.

The suspension has also resulted in revenue loss for the government from land mutations, which has already been facing a serious revenue shortage.   

In the July-October period of FY25, the National Board of Revenue (NBR) collected Tk101,281 crore, falling short of its target for the first four months by Tk30,831 crore.

Lower revenue mobilisation has resulted in a tight fiscal space, making it difficult for the government to revive the economy by accelerating development spending.

Monisha Rani Karmakar, Assistant Commissioner (Land) of Keraniganj upazila, stated that they were verbally instructed to stop the mutation of lands without a CS record.

"We face a lot of difficulties as many people come to us every day seeking a solution, but we have no answers," she said, adding that many landowners are in distress because they cannot transfer ownership of their lands when they urgently need to.

"The problem is not confined to the Taranagar union; it is widespread across Bangladesh. We, too, are waiting for a solution from the higher authorities," she added.

Another landowner, who wished to remain anonymous, told The Business Standard that he purchased a two-decimal plot of land for road access to his main property in Kamargaon union of Kapasia upazila, Gazipur district, in August of last year. However, he has been unable to get the ownership transferred.

He stated that his land has SA and RS records, but the land office is classifying it as river property.

"I don't have any problems at the moment, as I have the registration, but it could lead to a dispute in the future if I don't get the ownership transferred," he said.

Tanvir Ahmed, Deputy Commissioner of Dhaka District, acknowledged that the suspension of mutation has caused significant suffering for the people.

He also noted that demarcating river boundaries based solely on the CS map is unrealistic, as the direction of rivers has naturally changed over the past 100 years.

"We are planning to make a policy decision to demarcate river boundaries based on at least the SA map, which would allow mutation for the lands," he explained.

He added that lands formed through natural replenishment by rivers should be eligible for mutation, while lands created by filling earth from the river will fall under government control.

Manjur Ahmed Chowdhury, the former chairman of the National River Conservation Commission, said, "The High Court verdict should be implemented on an area basis, with the respective deputy commissioners having the authority to resolve disputes."

He also emphasised that the government should adopt a policy for lands created through natural replenishment to reduce human suffering.

According to the High Court verdict, four deputy commissioners from Dhaka, Narayanganj, Gazipur, and Munshiganj were instructed to conduct and complete a river survey based on both CS and RS records and maps, in collaboration with the Land Records and Survey Department, by the end of 2009. 

Subsequently, all river lands, except those legally leased out, were to be identified and demarcated with boundary pillars by November 2010 to place them under the absolute ownership and control of the government. 

The job, however, has remained incomplete and marred with controversy. 

Furthermore, halting landing mutations appears to be a misinterpretation of the High Court ruling.

How the suspension of mutation misinterprets HC verdict

The HC verdict regarding the legal rights of rivers outlines a mechanism to implement the rights of rivers.

The High Court outlined eight instructions to implement river rights, with the first being to demarcate river boundaries based on both CS and SA records. This contradicts the suspension of mutations based solely on the CS map.

The verdict also stated that before 4 November 1972, the original owner could have legally reclaimed possession of the downstream portion of the river. However, after that date, the original owner would no longer be entitled to claim that portion, as it would be included in the government's special register.

Moreover, if the char is located along the riverbank, the original law allows the landowner to claim ownership of the char. However, this right must have been legally confirmed before 28 June 1972; otherwise, from that date onward, any newly formed char land will be included in the Khas Khatian, as per the verdict.

Therefore, based on the verdict, landowners with an SA record will regain their ownership.

If the land on the riverbank is lost due to river erosion or diluvion, ownership of the extended portion of the river will pass to the government. However, if the land is replenished by alluvion within 20 years, the original owner can reclaim it. After 4 November 1972 (PO135/1972), the law changed, and the original owner will lose ownership of any diluviated land. If such land is replenished, it will become government property, but the original owner will be given priority for leasing the land.

According to the verdict, if at any time a char arises at the site of river erosion, then it will initially remain under the ownership of the government, subject to the provisions of Section 86 of the State Acquisition and Tenancy Act. 

However, if new land emerges or is deposited with alluvium within 30 years following the diluvion in areas where the river has expanded due to erosion, the ownership of that land will initially remain with the government, in accordance with Section 86 of the State Acquisition and Tenancy Act.

If the original owner, at the time of land diluvion under sub-section 1 of Section 86, provides the necessary information about the land to the relevant government officer through proper forms, the extent of the diluviated land will be assessed through a survey conducted according to the standard procedure. The tax amount for the diluviated land will be determined based on the principle of equity.

If the eroded land is alluviated within the next 30 years, a map shall be prepared following a survey as per sub-section 4 of Section 86. According to sub-section 5, the actual owner of the land or their successor shall be entitled to obtain a lease for the land without any compensation. However, if the government has already carried out any development activities on the land, ownership will vest in the government as per sub-section 7.

But after 30 years have passed since the diluvion, the ownership of that increased portion will revert to the government. It is to be noted that since most of the river has become char in place of the river shown in the CS map prepared long ago, the concerned authorities may have to settle all those new char lands.

If all land settlements have been made legally, it is essential to publish detailed information for public awareness. This should include the identity and extent of the land, the authority and recipient responsible for the settlement, the amount and duration of the settlement, and other relevant details. 

Such a step is crucial because the land in question is registered in the Khas Khatian and is considered government property, i.e., property belonging to the people, with the government acting as the trustee of the land.

If any person occupies the land without a legal settlement authorised by the concerned authority, the government shall take appropriate legal action to evict the individual and promptly restore possession of the land to its rightful owner.

The next steps in the river survey must be carried out in accordance with the aforementioned legal provisions, with the RS Khatian and map prepared in post-independence Bangladesh serving as the reference for the process.

The survey work must be completed in two phases: first, a survey based on the CS map, and second, a survey based on the RS map. Following this, and in accordance with the legally provided settlement, all remaining land should be clearly marked, with government pillars established by 30 November 2010. The said land must then be brought under the government's free possession and control.