Land Grabbed or Illegally Occupied in Bangladesh? How to Recover Possession Under the 2023 Land Crime Law

In this guide: The first week: what to do · The Land Crime Prevention and Remedy Act 2023 · Civil remedies · Forged deeds and fake mutations

The short answer

Act fast and use two tracks. On the criminal and administrative track, the Land Crime Prevention and Remedy Act 2023 makes illegal occupation and land forgery offences, and lets an Executive Magistrate restore possession to someone dispossessed without due process. On the civil track, you can sue to recover possession within six months under section 9 of the Specific Relief Act, or on the strength of your title within twelve years, and seek an injunction to stop construction.

The first week: what to do

• Photograph and video the occupation with dates: walls, structures, signboards, people present.
• File a GD at the local police station describing the occupation and any threats.
• Collect title papers: deed(s), khatian (CS/SA/RS/BS), mutation, DCR and land development tax receipts, and mouza map.
• Gather possession evidence: tax receipts, electricity or holding bills, lease or cultivation records, and neighbours willing to be witnesses.
• Check the records online for any new or forged deed or mutation in someone else’s name.
• Do not use force. Retaking land with hired men turns you into the accused.

The Land Crime Prevention and Remedy Act 2023

Offences

• Land fraud and land forgery (including forged deeds and false records): up to seven years’ imprisonment and fine. These offences are non-bailable and non-compoundable.
• Illegal occupation of another’s land: up to two years’ imprisonment and fine. It is bailable and compoundable.
• Abettors face the same punishment, and repeat offenders face double.

Offences are cognizable, so police can register a case, and they are tried by a first-class Judicial or Metropolitan Magistrate, with trial meant to finish within 180 days. Note that occupation is not treated as an offence where the occupier has already filed a genuine civil case about the title or record.

Restoration of possession by the Executive Magistrate

Section 8 lets a person who has been dispossessed unlawfully, without due legal process, apply to the Executive Magistrate. After hearing both sides and a local inquiry, the Magistrate can order possession restored, and the application should be disposed of within three months. This route is not available while a civil suit about possession of the same land is pending, unless the civil court refers the matter.

Civil remedies

Suit under section 9 (within six months)

If you were in possession and were dispossessed without due process, you can sue within six months to recover possession without having to prove title. It is quick by civil standards, but there is no appeal and it cannot be used against the government.

Suit on title (declaration and recovery of possession)

After six months, or where title itself is disputed, sue for declaration of title and recovery of possession. The general limit is twelve years from dispossession.

Injunction

With either suit, apply for a temporary injunction to stop construction, sale or further occupation while the case continues. Courts act faster when there are photographs showing work in progress.

Section 145 proceedings

Where a land dispute threatens a breach of the peace, the Executive Magistrate can decide who is in actual possession under section 145 of the Code of Criminal Procedure and make orders to prevent violence.

Forged deeds and fake mutations

If the grabber has a forged deed or got a mutation in their name, you will usually need three things together: a criminal case for forgery, a civil suit to declare the deed void, and an application to cancel the mutation before the revenue authorities. Our land verification guide shows how to check the records.