State of land use plan and registration in Bangladesh
Shahiduzzaman Khan | Sunday, 15 March 2009
Many real estate developing companies and individuals are not allegedly following the land use pattern of the RAJUK formulated Master Plan 1995 for constructing structures in Dhaka city. The civic amenities are lacking due to haphazard construction of buildings in the city. This is a long felt complaint of the citizens.
RAJUK took an initiative to amend the Master Plan of 1995, as the rules were not enough to address the problems faced by both developers and buyers of the ready flats. After a long revision of the master plan, RAJUK formulated a Detail Area Plan with the help of some local consultants. The capital development agency has already advised the developers and individuals to follow the Floor Area Ratio (FAR) since January 2007 to avoid haphazard building construction.
RAJUK said if it can implement the FAR rules strictly free movement of transport and protection of environment can be ensured as the developers have to leave space properly around the structures under the rules. It is widely alleged that many structures have already been constructed without leaving adequate space for roads and streets for the pedestrians. There are widespread complaints about land registration too. The country is reeling under substandard land use plan and faulty registration system.
Although there had been much of rhetoric on rules and regulations for land use in public welfare in the past across the country, nothing has materialised for unknown reasons. There had been much talks on equity distribution of khas land, increasing land productivity, implementation of settlement act, acquisition of ceiling excess land, recovering absentee ownership land, modernisation of land administration, improving land management but in reality nothing has happened. Although some spot works have been done under government projects here and there, that has no visible impact on development in national life. Rather some new rules and regulations have caused further complications.
A high-powered government taskforce suggested digitisation of the country's entire land records and turning district administration offices into monitoring bodies from its present role of service provider to ensure transparency and reduce corruption. It was found that the entire reform is possible with the present strength of the government and using local resources without having to take foreign consultancy. The government can modernise the land records, management and registration system using its own resources. Plus, it will create huge job opportunities and in the end it will reduce land related problems and increase government revenues.
The taskforce suggested that the entire activities of land purchase and registration should be done by the Directorate of Land Records and Surveys and registration department while the Assistant Commissioner (AC) of land should act as a monitor rather than a service provider. Right now there are six government agencies including the Directorate of Land Records and Surveys, Registration Department, District Administration, Divisional Commissioner, Quasi-judicial and Judicial systems dealing with land affairs. Most of the existing land survey records in land offices, including the Cadastral Survey (CS), conducted in 1890-1940, and Revisional Settlement (RS), conducted in 1969-83, are in printed form, but they have worn out and are easy to forge. The land survey documents should be digitised immediately to provide prompt service as well as keep records updated.
The taskforce said in their report that the present land management system has been causing not only economic losses but social unrest, corruption and chaos in family life. Land disputes are the main reason for no less than 70 to 80 percent civil and criminal cases. At present about 3.2 million land dispute cases are pending with courts.
Though unbelievable, it's a fact that 150 million people are accused in land-related cases when the country's population is a crore less than that! The wonder has its roots in the plaintiffs' habit of accusing the same people over and over again in as many cases as possible. The taskforce said the modernised system will up land revenue mainly by updating land categories. Many areas were recorded by the RS as agricultural or residential areas and those areas were turned into residential or commercial areas but remained agricultural areas on paper. The difference in terms of tax is immense. The rate for agricultural land development is Tk 1.0 per decimal, it is Tk 22 for residential plots and Tk 125 for commercial ones.
The Land Registration (Amendment) Act, 2004, that was effective recently, has partially helped reduce land disputes and check the forgery of documents of land ownership. If corruption and anomalies at the sub-registrar's office can be stopped, the objectives of the new act are likely to be achieved. The government brought reforms to the registration act in order to improve land management. If modern technology could be introduced along with the newly introduced law, it would further benefit the people. Proper steps should be taken to check corruption and anomalies in the sub-registrar's office in order to make the new law effective.
According to reports published in the media, about 90 per cent of households are forced to bribe field level land officials for registration of land as corruption and lack of transparency and accountability reign supreme in land administration, Transparency International Bangladesh (TIB) revealed recently. The offices of Assistant Commissioner (AC) land, Sub-registrar, Tahsildar, Deed writer, Kanungu and Settlement officer exacted about Tk 122.1 million in bribe from service seekers, the TIB found in a survey conducted in six municipalities and 52 unions of greater Mymensingh region during October to November last year.
Each individual household in municipalities and rural areas had to bribe Tk 2,928 and 1,910 respectively on an average for land registration. About 59 percent households showed land price 49 percent less than actual to evade tax in connivance with registration officials and clerks. The government recently decided to realise land registration fees through pay orders. The survey also found that 92 percent of those who needed mutation of land had to pay Tk 1,500 in bribe each and 12 percent of those who sold land had to suffer various hassles including paying bribe. People were also subjected to pay many times the actual price for stamp, cartridge paper and copy of the deed.
In the case of the land transfer process through sale the reality is that some transfers occur on an entirely unofficial basis, perhaps when land is mortgaged, but this is becoming less common. Some buyers may not check the AC records first and even if they do, these may well not be up to date. The deed writers and Sub-Registrar collude to ensure that this step only proceeds if a bribe is paid first, while the buyer and seller may also collude to reduce the amount of Immovable Property Transfer Tax (IPTT), which is levied at 10% of the sale value. There is no requirement to check the legality of the transaction and it is not uncommon for the same plot to be "sold" to several different buyers, although this is much more frequent in urban areas. This is supposed to be issued within a month, but frequently takes a year and the payment of a bribe. The AC (Land) generally does not update the record unless he is paid a bribe to do so. The diversity of ways in which land records may be updated and the problems associated with each, give rise to numerous disputes in which the rich and powerful invariably enjoy the upper hand.
The present land management pattern and registration system in the city as well as across the country is terribly complicated. The whole process needs to go through drastic reform. While digitisation of the entire system is a must, the government requires to enact a number of laws to give some relief to the suffering people.
................................................................
szkhan@thefinancialexpress-bd.com
RAJUK took an initiative to amend the Master Plan of 1995, as the rules were not enough to address the problems faced by both developers and buyers of the ready flats. After a long revision of the master plan, RAJUK formulated a Detail Area Plan with the help of some local consultants. The capital development agency has already advised the developers and individuals to follow the Floor Area Ratio (FAR) since January 2007 to avoid haphazard building construction.
RAJUK said if it can implement the FAR rules strictly free movement of transport and protection of environment can be ensured as the developers have to leave space properly around the structures under the rules. It is widely alleged that many structures have already been constructed without leaving adequate space for roads and streets for the pedestrians. There are widespread complaints about land registration too. The country is reeling under substandard land use plan and faulty registration system.
Although there had been much of rhetoric on rules and regulations for land use in public welfare in the past across the country, nothing has materialised for unknown reasons. There had been much talks on equity distribution of khas land, increasing land productivity, implementation of settlement act, acquisition of ceiling excess land, recovering absentee ownership land, modernisation of land administration, improving land management but in reality nothing has happened. Although some spot works have been done under government projects here and there, that has no visible impact on development in national life. Rather some new rules and regulations have caused further complications.
A high-powered government taskforce suggested digitisation of the country's entire land records and turning district administration offices into monitoring bodies from its present role of service provider to ensure transparency and reduce corruption. It was found that the entire reform is possible with the present strength of the government and using local resources without having to take foreign consultancy. The government can modernise the land records, management and registration system using its own resources. Plus, it will create huge job opportunities and in the end it will reduce land related problems and increase government revenues.
The taskforce suggested that the entire activities of land purchase and registration should be done by the Directorate of Land Records and Surveys and registration department while the Assistant Commissioner (AC) of land should act as a monitor rather than a service provider. Right now there are six government agencies including the Directorate of Land Records and Surveys, Registration Department, District Administration, Divisional Commissioner, Quasi-judicial and Judicial systems dealing with land affairs. Most of the existing land survey records in land offices, including the Cadastral Survey (CS), conducted in 1890-1940, and Revisional Settlement (RS), conducted in 1969-83, are in printed form, but they have worn out and are easy to forge. The land survey documents should be digitised immediately to provide prompt service as well as keep records updated.
The taskforce said in their report that the present land management system has been causing not only economic losses but social unrest, corruption and chaos in family life. Land disputes are the main reason for no less than 70 to 80 percent civil and criminal cases. At present about 3.2 million land dispute cases are pending with courts.
Though unbelievable, it's a fact that 150 million people are accused in land-related cases when the country's population is a crore less than that! The wonder has its roots in the plaintiffs' habit of accusing the same people over and over again in as many cases as possible. The taskforce said the modernised system will up land revenue mainly by updating land categories. Many areas were recorded by the RS as agricultural or residential areas and those areas were turned into residential or commercial areas but remained agricultural areas on paper. The difference in terms of tax is immense. The rate for agricultural land development is Tk 1.0 per decimal, it is Tk 22 for residential plots and Tk 125 for commercial ones.
The Land Registration (Amendment) Act, 2004, that was effective recently, has partially helped reduce land disputes and check the forgery of documents of land ownership. If corruption and anomalies at the sub-registrar's office can be stopped, the objectives of the new act are likely to be achieved. The government brought reforms to the registration act in order to improve land management. If modern technology could be introduced along with the newly introduced law, it would further benefit the people. Proper steps should be taken to check corruption and anomalies in the sub-registrar's office in order to make the new law effective.
According to reports published in the media, about 90 per cent of households are forced to bribe field level land officials for registration of land as corruption and lack of transparency and accountability reign supreme in land administration, Transparency International Bangladesh (TIB) revealed recently. The offices of Assistant Commissioner (AC) land, Sub-registrar, Tahsildar, Deed writer, Kanungu and Settlement officer exacted about Tk 122.1 million in bribe from service seekers, the TIB found in a survey conducted in six municipalities and 52 unions of greater Mymensingh region during October to November last year.
Each individual household in municipalities and rural areas had to bribe Tk 2,928 and 1,910 respectively on an average for land registration. About 59 percent households showed land price 49 percent less than actual to evade tax in connivance with registration officials and clerks. The government recently decided to realise land registration fees through pay orders. The survey also found that 92 percent of those who needed mutation of land had to pay Tk 1,500 in bribe each and 12 percent of those who sold land had to suffer various hassles including paying bribe. People were also subjected to pay many times the actual price for stamp, cartridge paper and copy of the deed.
In the case of the land transfer process through sale the reality is that some transfers occur on an entirely unofficial basis, perhaps when land is mortgaged, but this is becoming less common. Some buyers may not check the AC records first and even if they do, these may well not be up to date. The deed writers and Sub-Registrar collude to ensure that this step only proceeds if a bribe is paid first, while the buyer and seller may also collude to reduce the amount of Immovable Property Transfer Tax (IPTT), which is levied at 10% of the sale value. There is no requirement to check the legality of the transaction and it is not uncommon for the same plot to be "sold" to several different buyers, although this is much more frequent in urban areas. This is supposed to be issued within a month, but frequently takes a year and the payment of a bribe. The AC (Land) generally does not update the record unless he is paid a bribe to do so. The diversity of ways in which land records may be updated and the problems associated with each, give rise to numerous disputes in which the rich and powerful invariably enjoy the upper hand.
The present land management pattern and registration system in the city as well as across the country is terribly complicated. The whole process needs to go through drastic reform. While digitisation of the entire system is a must, the government requires to enact a number of laws to give some relief to the suffering people.
................................................................
szkhan@thefinancialexpress-bd.com