Land Survey Tribunal in Bangladesh | Jurisdiction, Powers, Scope, Appeals| A Complete Overview

Tahmidur Rahman, Senior Assoicate, TR Barristers in Bangladesh
6 Aug 2019
Table of Contents
Find the subsections below, If you want to jump through specific sections instead of reading the whole article.

This article provides an overview of the authority and jurisdiction of the Land Survey Tribunal in Bangladesh, it’s powers, scope and appeals. Nonetheless, before explaining the powers and procedures of the Land Survey Tribunal, it is important to know exactly what the Land Survey Tribunal is all about.
What is Land Survey Tribunal in Bangladesh?
Section 145A-145I of the State Acquisition and Tenancy Act (SAT) was added to Section 2 of the State Acquisition and Tenancy Act 2004. Through adding this portion, the legislature has created a special platform and an alternative way for the civil court to correct the record of rights in the summary proceedings. Section 145A(1) of the SAT Act provides that the Government can set up special courts specially set up for the purpose of deciding disputes arising from the final publication of the last revised record of rights. The Government has already formed a tribunal called the Land Survey Tribunal pursuant to Section 145A(1) in almost all districts of the country. (Land Survey Tribunal in Bangladesh)
Section 145 D of this chapter sets out the powers and procedures of the Tribunal, provided that the Land Survey Tribunal or the Land Survey Appeals Tribunal exercise the powers and obey the procedure laid down in the Code of Civil Procedure 1908.
Section 145(1) specifies that’ the Government can, by notice in the Official Gazette, lay down rules for the purposes of this Article.’ Nevertheless, this provision has yet to be made by the Government, although it is vitally important to continue the proceedings of the Tribunals smoothly and to ensure justice in the cases brought before the Tribunals.
Record of Rights in Land Law of Bangladesh:
The word record of rights, sometimes referred to as “Khatian,” is simply a survey of the record of rights that people have on land.
Ownership and use of a specific parcel of land can be ascertained and assured if the land records are kept and the laws governing land relations are written. Land records establish the state of ownership and property rights. In land deals analysis of land records, it is important to decide who the actual owner is. Over time, the “Rule” established to govern land relations has centered on classifying people using land according to the categories of ownership and the reason for which they use land.
Procedure of Change of Rights in Bangladesh Land Law:
Any person who acquires, by descent, survivorship, inheritance, division, purchase of a mortgage, gift, lease or otherwise, any right as holder, occupant, owner, mortgagee, land lord, government lessee or tenant of the property, shall have the duty, within three months from the date of such acquisition, to submit in writing to Talathi his acquisition of that right.
Rewriting Record of Rights in Bangladesh:
Entries made in the record of rights are believed to be valid until the contrary has been established. Where the inference is contradicted by proof, the importance of the entry in the Record of Right is not evidentiary.
The person who poses a question as to the incorrectness of the entry to the legal record must prove his claims. The records in the correct database, registered mutations, etc. are evidence of the fact recorded in the act, although there is no conclusive evidence.
Jurisdiction of the Land Survey Tribunal in Bangladesh
he Land Survey Tribunal was formed to correct only the most recent updated record of rights. Section 145A(1) of the SAT Act provides that such court shall have jurisdiction in respect of such cases only as a result of the final publication of the’ last amended record or privileges,’ i.e. BS / BRS / RS, Dhaka City of Jorip Khatian. Therefore, only the last record of rights can be changed by the Land Survey Tribunal. (Land Survey Tribunal in Bangladesh)
“TR Barristers in Bangladesh is Considered as one of the leading firms in Property Law in Dhaka, Bangladesh”
Carpe Noctem Bangladesh
Powers of Land Survey Tribunal in Bangladesh
In the first place, the applicant challenges the record of law in the Land Survey Tribunal. The Land Survey Tribunal may, upon request, declare that the record under appeal is incorrect and direct the office concerned to correct the record in compliance with its decision; and that court may also issue any further order as may be appropriate. Each order of the Tribunal must first state that the record is incorrect and then provide another order for the record to be corrected in accordance with that declaration.
Process of Appeal to the Land Survey Tribunal:
Pursuant to the provision set out in Section145B(5) of this chapter, any person aggrieved by a decision of the Land Survey Tribunal may prefer an appeal to the Land Survey Appeals Tribunal within three months from the date of that decision. Section 145B(6) further specifies that an appeal may also be issued within the next three months, even after the expiry of the time limit set out in subsection (5), if the Land Survey Appellate Tribunal is satisfied with the grounds for delay set out by the appellant.
The Tribunals shall, on a regular basis, pass judgment, decree and order in the cases which they have tried. In accordance with the provisions laid down in Section 145B(1), the Appellate Tribunals were to be set up to hear the appeals arising out of the judgment, order or order handed down by the Tribunals.
How ‘Tahmidur Rahman & TR Barristers in Bangladesh Associates’ can help the purchaser or owner of any land in Bangladesh:
E-mail: info@trfirm.com
Phone: +8801847220062 or +8801779127165
House 410, Road 29, Mohakhali DOHS (Land Survey Tribunal in Bangladesh)
Want new articles before they get published?
Subscribe to our Awesome Newsletter.
Child Student visa in UK from Bangladesh
Child Student visa in UK and how to get it: The Child Student Visa is for children who are not from the UK or Ireland and want to study in the UK. For applicants to be chosen, they must: Have a firm offer to take a course from a private school that qualifiesShow that...
Indefinite Leave to Remain in UK from Bangladesh
Indefinite Leave to Remain in UK Indefinite Leave to Remain (ILR) Indefinite Leave to Remain (ILR) commonly known as 'Settlement' allows you to settle in the UK on a permanent basis and work in the UK without restrictions. You can apply for Indefinite Leave to...
Spouse visa in UK from Bangladesh
What exactly is the Spouse Visa in UK? A Partner Visa UK, also called a UK Spouse Visa, is a settlement visa that lets you live in the UK for up to 30 months with your British partner. It is one of the types of visas for families. If you meet certain requirements, it...
Skilled Worker visa in UK from Bangladesh
Skilled Worker Visa in UK in 2023 What is a Visa for Skilled Worker? The Tier 2 (General) work visa has been changed to the Skilled Worker visa. This permit lets people who are eligible stay in the UK to work for a sponsor or employer who has been approved. You can...
Tier 1 Entrepreneur Visa UK
Tier 1 Entrepreneur Visa The Tier 1 Entrepreneur Visa UK is used by people who want to start their own business in the UK. You can also apply for this visa if you want to move to the UK to run a business that is already up and running. Those who want to go this route...
Annual General Meeting under the Company Act of Bangladesh
An Annual General Meeting (AGM) is a chance for the company's management and shareholders to talk to each other. The Companies Act of 1994 says that every company must hold an annual general meeting to talk about things like the year's results, who will be the...