Fast-tracking land dispute resolution

The Land Crime Prevention and Remedy Act, 2023 was enacted to expedite the resolution of land-related disputes outside the courtroom through an administrative process. However, its enforcement remains pending so far. It is heartening to know from a recent Financial Express report that the present government is taking up the issue seriously and stepping up efforts to enforce the law. This is welcome, since the number of pending cases related to land disputes now stands at nearly four million, which makes up about 70 per cent of the all lawsuits awaiting disposal. Thus a very complex and cumbersome situation has been created impeding speedy dispensation of justice. The long delay in the disposal of cases makes the people averse to the country's justice delivery system, leading to frequent rise in deadly clashes over land disputes. Furthermore, land mafias and fraudsters exploit the lengthy legal process to grab others' land or government khas land by forging documents. Therefore, the importance of implementing effective mechanisms to reduce the burden on the courts, recover illegally encroached land and ultimately prevent these pervasive crimes cannot be overstated.
According to the Land Crime Prevention and Remedy Act, 2023, if someone's land is encroached upon by others, they can file a petition with the office of the deputy commissioner (DC) and submit the land deed, khatiyan and other legal documents as a proof of his/her ownership. An executive magistrate will then scrutinise the papers to determine the legitimacy of the claim. If found genuine, the district administration, with assistance from the police, will evict the grabber and return the land to its rightful owner. Additionally, if someone's land is encroached upon, the aggrieved person may lodge a complaint with the local police station. The police will investigate the complaint on site and if the allegation is proven, they will assist the local administration in restoring possession to the owner.
The new legislation also empowers executive magistrates to award punishment. For instance, any fraudulent act related to land carries a maximum punishment of seven years' imprisonment along with fines, as stated in Section 4 of the act. Similarly, land-related forgery is punishable by up to seven years' imprisonment and fines under Section 5. Notably, the act empowers executive magistrates to perform certain judicial functions under Sections 8 and 22. However, whether the judiciary will view this as an instance of executive overreach and a potential violation of separation of power remains to be seen.
The act, once effectively implemented, has the potential to bring long-awaited relief to tens of thousands of victims of land grabbing. However, the success of any law ultimately depends on the capacity, transparency and integrity of the institutions responsible for its enforcement. In Bangladesh, where irregularities and corruption are deeply entrenched and political interference often influences administrative decisions, questions naturally arise as to how impartially and independently executive magistrates will be able to dispense justice. Therefore, it is imperative that the government ensures transparency in the process, provides adequate training and logistical support to the concerned officials and establishes an effective oversight framework to prevent abuse of power. Nevertheless, the administrative process under this act should serve as the first point of seeking justice, not the last. In case victims are not satisfied with the decision of the deputy commissioner's office, the door is open for them to seek justice in the courts.