বৃহস্পতিবার, ১৫ মার্চ, ২০১২

Mirza Mohammad Rifat.:Alluvion-Diluvion laws in Bangladesh.












Introduction.


Land law is one of the most neglected legal sectors in our country. For the lack of proper land distribution system the number of landless people is increasing. Every year so many people lose their land for various reasons especially due to the erosion caused by rivers. So the laws relating alluvion-diluvion have a strong implication in our land management.


Alluvion-Diluvion Laws.

From the history of alluvion-diluvion Laws it is regard that, if land is lost due to river erosion, it can be given back to the original owner but under the following conditions:

a. The resurfacing of the land must occur within 20 years.

b. The owner may get the land back by paying rent as settled by the revenue officer; and

c. The original owner must not posses land upward of 375 bighas.


Alluvion and Diluvion Land Laws.

After the independence of Bangladesh the approach was people-oriented, especially with regards to landless peasants.

a. Previous owner will lose his/her ownership on diluvion land and he/she has not to pay revenue for the land.

b. All new lands in the form of accretion or reformation after alluvion would vest in the government. Government would lease out such lands among the landless.

c. Preference was to be given to families affected by diluvion but families with land exceeding 25 bighas were to be excluded.

d. The land owner has to apply for exemption of revenue and collect receipt

e. If the diluvion land becomes alluvion again within 30 years, owner of that land or his heir can claim the ownership of that land. Receipt of revenue exemption has to be submitted as a proof.

f. Total land of the owner cannot cross the highest ceiling. It may be noted that, highest ceiling of land was 60 bighas in 1984.

g. If the char is formed artificially and not naturally, government will enjoy absolute ownership of the land

h. No case can be filed at the court on alluvion land after 12 months of public notice by collector regarding possession of the land

i. Collector will hand over the land to the owner or his heir within 45 days since the preparation of the map

j. If a char is emerged from river or sea, government will possess the land if there was no owner of the land ever before


Why real owners could not get their diluvion land.


a. Local land offices in the respective areas do not survey and submit report after land alluvion and diluvion.

b. Problems regarding identifying and redefining of newly alluvion land

c. Lack of scope to preserve dalils (deed) and receipt of paid revenue after alluvion of land

d. Lack of support from land and general administration

e. Lack of proper implementation of ceiling law

f. Land owners usually face problems in getting possession of their land when they come back and want possession of the land after a long gap



Conclusion

We think reconsideration of the existing alluvion and diluvion land laws (1994) and necessary in that context can contribute significantly in the development of socio-economic and political aspect of the charland. If the landless poor can establish their rights on khas land of the char areas, its impact will be revolutionary in the effort for poverty alleviation in the country.





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