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Smart land management, likely downside-1

Complexity, underhand dealings, duplicity upset service-seekers

SAJIBUR RAHMAN | January 21, 2024 00:00:00


Government efforts to digitise land management have so far yielded limited benefits for service-seekers as the system looks ridden with duplicity and underhand dealings by some insiders.

Services like e-mutation, land- development tax, civil-suit management, digital-databank access, hotline services, records of rights, e-khatiyan services, and mouza-map collection are now available online under changes to the outmoded manual land-management system. But, according to a spot chec, majority of the population remains unaware of these digital services in the first place and unable to reap the benefits also for complexities created in the service-delivery processes.

The government, under a massive programme, has been working to digitise the land-management system to alleviate public sufferings and achieve its dream of a smart Bangladesh.

Meanwhile, the United Nations honoured Bangladesh with the esteemed 'United Nations Public Service Award' for the year 2020. The accolade was accorded specifically in the category of 'Developing transparent and accountable public institutions' in recognition of the change- maker 'E-Mutation' initiative undertaken by the land ministry.

However, people are still allegedly have to satisfy a section of venal land officials, brokers, and other individuals involved in processes such as e-mutation, collection of records of rights (Khatiyan), handling miscellaneous cases, and land-development tax.

Victims argue and an FE investigation finds that the e-mutation system turns more expensive than the traditional analogue process. Corporate service-seekers often must spend significant amounts, ranging from Tk 20,000 to Tk 30,000, for the e-mutation of a 20-decimal land plot beyond the official fee of Tk 1,150. Additionally, they sometimes find themselves in a situation comelling for them to spend between Tk 50,000 and Tk 60,000 for e-mutation services.

Such extra-payment rate for completing mutation for 10-decimal land in Dhaka division was in-between Tk 4000 and Tk 5000 during 2010-12. Subsequently, it had increased to Tk 8000 to Tk 10,000 for the same patch of land by the year 2020. More recently, the investigation has found the rate having surged to Tk 20,000 to Tk 25,000 for the identical land type, starting since 2021 up to the present date.

And, paradoxically, both analogue and digital practices continue simultaneously, leading to duplicated sufferings, efforts, and expenditures.

"Land-brokers wield immense power and influence in land management, with service- recipients frequently witnessing bribery, extensive suffering, and the dominant role of brokers in nearly every land office nationwide. Many landowners are compelled to engage brokers to avail these services, often paying hefty amounts for their assistance," a collated report on spot-survey findings.

Even digital services have not been spared from this vicious circle. Although the government introduced online services to curb ages-old entrenched irregularities and corruption in land offices, service-seekers get in a quandary while applying online. After submitting an online application, individuals are required to interact with the land office again, this time with original documents. "If speed money is not paid, the online application remains rejected without valid reason or on a lame excuse," says the report.

The process of registering a new owner's name for a piece of land, known as mutation, involves online registration. To apply online, one must visit the designated Ministry-of- Land website, fill out and apply the form, along with a Tk 70 fee. Despite the online application, the Union Land Office investigates and sends the proposed name as a proposal letter to the Upazila Land Office. However, to forward the name proposal, the Assistant Commissioner (Land) office demands additional fees ranging from Tk 10,000 to Tk 15,000, or more, proportionate to the land in question, beyond the official fee.

A recent study conducted by Transparency International Bangladesh (TIB) also said despite the importance of land in daily life and economic activities, the land sector in Bangladesh has been 'replete with numerous anomalies and corruption'.

'Land is closely connected with our livelihood, social norms and economic activities,' it said, adding that Article 42(1) of the Constitution of Bangladesh gives rights to every citizen to acquire, possess and transfer property.

Seven steps to cross over to get to e-mutation: commencing with the submission of online applications, the e-mutation process unfolding through a series of orchestrated steps-issuance of the first order at the land office concerned, generation of a comprehensive report from the Union Land Office, a subsequent second order dictating the surveyor's report and hearing date, a decisive third order at the Land Office following the application hearing, finalising the Khatian under the approval order, and concluding with the integration of an online Khatian featuring QR-code technology.

A mutation is generally settled within 28 days.

Service-recipients have asserted that opting for the official normal process for their mutation subjects them to suffering, and harassment, and, in most instances, necessitates extra payments.

In the pursuit of getting to the depth of affairs within local land services, this reporter has acquired six video recordings provided by dedicated journalists in Rajshahi and Mymensingh. These telltale visuals leave no room for doubt, vividly capturing instances where victims find themselves compelled to offer largese.

The investigations, conducted between September 10 and December 29 of the current year, led this correspondent to significant locations, including the Upazila Land Office in Savar, Fulbaria Union Land Office, the Assistant Commissioner (Land) Keraniganj Revenue Circle( South), Shubhadhya Union land office, and

Sreepur Pouro Land Office in Gazipur.

He engaged with key stakeholders, holding discussions with five Assistant Commissioners (Land), 12 brokers, and 15 staff members at various land offices. This hands-on approach allowed for a firsthand understanding of the intricate web of wrongs plaguing the land-services sector, despite the transition process on stream.

Drawing from the experiences of at least 55 sufferers, 10 of them providing detailed accounts through a brief survey, this investigation sheds light on the pervasive nature of misdealings. The Upazila Land Office, Savar, became a focal point, offering critical insights into the systemic challenges facing those navigating the intricacies of land-related transactions.

Additionally, this correspondent sought the perspectives of 25 local correspondents and collaborated with 10 national-level journalists in order to craft a comprehensive and insightful story on how smart land services, particularly in the realms of e-mutation and land-development tax, are being provided in land offices across the country.

One Mahbub's is a classic case corroborating the above-mentioned findings. On April 17, 2023, the 37-year-old Mahbubur Rahman submitted applications for e-mutation, each accompanied by a Tk 70- application fee, at around 11 am. The applications, bearing distinct numbers, were filed for four persons, one his close relative.

They were all taken aback-the Fulbaria Union Land Office rejected all four applications between May 3 and May 7, 2023, citing inadequate documentation as the reason though Mahbub is experience and filed all five mutation applications maintaining due diligence. Mahbub argued that an office staffer demanded some irrelevant documents which are not related to the mutation process at all.

In this manner, they used the tactics and demanded money indirectly, forcing the service-seekers to proceed with their prescribed syndicate. Like they demanded certified copies of CS or SA Khatians and previous deeds which were 40-50 -year-old and so on, according to Mahbub.

According to Mahbub and the existing law, this deed is not required for the transfer of ownership, as the immediate-past deed is needed to complete the mutation process.

Another application submitted on June 17 met a similar fate when it was denied on July 5. Similarly, another application submitted on June 16 was rejected by the Fulbaria Union Land Office on July 6.

Undeterred, Mahbub resubmitted applications under miscellaneous case with the instruments demanded by Fulbaria Land Office. Unfortunately, all five applications were rejected between July 6 and July 7 by the AC (Land) office, despite the Fulbaria Union Land Office having forwarded the cases through Proposal Letters after verifying the facts.

Thus, the applicants were subjected to a retrieval process involving hassles and expenditures, he laments.

All five applications encountered a second rejection between July 6 and July 7 by the AC (Land) office on the very same excuses as before.

In the meantime, surveyor Abdul Karim, who is a government-appointed surveyor, also failed Mahbub on a futile hope.

"When I inquired about the rejection during his office visit, Karim feigned ignorance, insisting that he had submitted a positive report and was uncertain about the outcome," Mahbub said.

He did not engage in any monetary transactions this time. But, later, they had to yield.

Eventually, on July 23, 2023, all five applications were granted by Md Ismail Hossain, the then AC (Land) , without the need for additional documents for which the AC (Land) had rejected for the second time.

After prolonged ordeals, on July 28, 2023, Mahbub received the DCR copies for all five applications at the culmination of the entire process of e-mutation.

In an interview with The Financial Express writer on December 14, S. M. Rasel Islam Nur, AC (Land) at Upazila Land Office, Savar, stated, "I did not hear about the restoration of mutation, rather AC (Land) can review the cancelled mutation application."

During the spot interview, he even inquired with his office staff, and they affirmed the same, stating that there is no system of restoration, according to Nur. When questioned about specific evidence of bribery involving his office staff in the process, Rasel informed the reporter, "If the victim submits a written application to the office, I take action against them accordingly.

"As these irregularities and corruption occurred in my office and my system, I can take action, even if it took place during the tenure of another AC (Land)..."

Contacted regarding the legality of the restoration by the AC (Land), an official from the Ministry of Land said, "The AC Land has the authority to formally review a rejected e-mutation application."

He emphasised that the AC (Land) can reject an application with a valid reason, exercising its jurisdictional rights.

However, he stressed the importance of conducting the review formally and maintaining an official digital trace for the application.

This correspondent could not verify independently whether any digital trace is kept or not while restoring the rejected applications for mutation as it is the responsibility of the concerned top officials to launch an investigation in this regard.

Similar to Mahbub, two other individuals, identified as Riaz and Ayasha Begum, along with her brother, encountered "harassment" at the Upazila Land Office in Savar.

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