Land Survey Tribunal in 2025: Comprehensive Analysis of Jurisdiction, Power, and Procedures
The Land Survey Tribunal is a critical institution in Bangladesh, created to resolve disputes related to land records and ensure the accuracy and legitimacy of land ownership documentation. With Bangladesh’s rapid growth and urbanization, land disputes have become a significant issue. This article provides an in-depth understanding of the Land Survey Tribunal, including its jurisdiction, powers, scope, appeals process, and procedural laws, while emphasizing its importance in modern land administration.
Introduction to the Land Survey Tribunal
The Land Survey Tribunal was established under the provisions of the State Acquisition and Tenancy Act (SAT), 1950, as amended by the State Acquisition and Tenancy (Amendment) Act, 2004. It serves as an alternative legal forum to civil courts, offering a specialized and streamlined approach for correcting errors in the final publication of land records, often referred to as record-of-rights or “Khatian.”
The tribunal operates under the Code of Civil Procedure, 1908, ensuring that its actions align with established judicial procedures. The Government of Bangladesh has set up tribunals in nearly all districts to address land-related disputes effectively.
What is Record-of-Rights (Khatian)?
The term record-of-rights refers to official documents detailing the ownership, possession, and rights over land. In Bangladesh, the primary records include:
- Cadastral Survey (CS) Khatian
- Revisional Survey (RS) Khatian
- State Acquisition Survey (SA) Khatian
- Bangladesh Survey (BS) Khatian
- Dhaka City Jorip Khatian (specific to Dhaka Metropolitan areas)
These documents are essential for land transactions, inheritance claims, and resolving disputes.
Jurisdiction of the Land Survey Tribunal
The tribunal’s jurisdiction is specifically limited to correcting the last revised record-of-rights (e.g., BS/BRS/RS Khatian). According to Section 145A(1) of the SAT Act, the tribunal deals exclusively with disputes arising from the final publication of these records. It does not have the authority to address:
- Title disputes over land.
- Issues of possession unrelated to the correction of records.
If a party seeks to establish ownership or possession, they must approach the civil courts.
Powers of the Land Survey Tribunal
- Rectification of Records:
- The tribunal can declare a record-of-rights incorrect and direct relevant authorities to amend it.
- Issuing Orders and Directives:
- It can issue orders to survey officials and government agencies to ensure compliance with its decisions.
- Judicial Authority:
- The tribunal is deemed a civil court, granting it powers such as:
- Summoning witnesses.
- Requiring the production of documents.
- Taking evidence on affidavits.
- Requisitioning public records.
- Binding Nature of Decisions:
- The tribunal’s decisions are legally binding, subject to appeal.
Scope and Limitations
Scope:
The tribunal ensures accuracy in land records, promoting transparency and reducing disputes. It addresses errors such as:
- Incorrect ownership details.
- Faulty land measurements.
- Discrepancies in demarcation.
Limitations:
- The tribunal cannot decide title or ownership disputes.
- Its jurisdiction is confined to the latest published record-of-rights.
- Persons claiming rights through possession or bona fide purchase must file separate civil suits.
Procedures of the Land Survey Tribunal
- Filing of Application:
- A party dissatisfied with the final publication of record-of-rights files an application with the tribunal.
- Examination of Records:
- The tribunal reviews the disputed record and relevant evidence.
- Hearing and Evidence:
- The tribunal conducts hearings where parties present documents, witnesses, and affidavits.
- Declaration and Orders:
- The tribunal declares whether the record is incorrect and provides directions for correction.
- Timeframe for Appeals:
- Appeals against the tribunal’s decisions must be filed within three months.
Appeals and Review Mechanism
Appeals Process:
- Land Survey Appellate Tribunal:
- Appeals against the tribunal’s decisions can be made to the Land Survey Appellate Tribunal, which comprises High Court Division judges.
- Supreme Court:
- Appeals from the appellate tribunal require leave to appeal from the Appellate Division of the Supreme Court.
Review of Decisions:
- Orders can be reviewed for errors by the tribunal itself or its successor.
Bar on Civil Court Jurisdiction:
- Once a case falls under the tribunal’s jurisdiction, civil courts cannot intervene in the same matter.
Challenges and Recommendations
Challenges:
- Delayed Formation of Appellate Tribunal:
- Despite the provision in the SAT Act, the Land Survey Appellate Tribunal has not been fully operationalized, causing delays in the appeals process.
- Inefficient Land Registration System:
- The lack of digitization and modern infrastructure hampers the tribunal’s efficiency.
- Overlapping Jurisdictions:
- Confusion between the tribunal’s authority and civil courts creates procedural delays.
Recommendations:
- Digitization of Land Records:
- Modernizing the record-of-rights system would reduce disputes and improve accuracy.
- Operationalizing the Appellate Tribunal:
- The government must prioritize establishing appellate tribunals to streamline the appeals process.
- Capacity Building:
- Training tribunal staff and increasing resources would enhance efficiency.
- Public Awareness:
- Educating citizens about the tribunal’s role and procedures can minimize frivolous claims and improve compliance.
Practical Insights from TRW Law Firm
TRW Law Firm in Dhaka has extensive experience representing clients in the Land Survey Tribunal. Our services include:
- Filing and defending applications for correction of records.
- Representing clients in tribunal hearings and appeals.
- Advising on land ownership and compliance with procedural laws.
Conclusion
The Land Survey Tribunal is a vital institution for ensuring the accuracy and integrity of land records in Bangladesh. While it plays a crucial role in reducing land disputes, there is significant room for improvement in its operations and accessibility. With effective reforms and digitization, the tribunal can better serve the growing demands of Bangladesh’s urbanizing landscape.
At TRW Law Firm, we are committed to providing expert legal assistance for all matters related to the Land Survey Tribunal, ensuring our clients achieve favorable outcomes while navigating this complex legal landscape.
Contact TRW Law Firm for expert legal advice and representation regarding land survey disputes.