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

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

The short answer

Act within days, and on two tracks. On the criminal and administrative track, the Land Crime Prevention and Remedy Act 2023 makes illegal occupation and land forgery offences and allows an Executive Magistrate to 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 without proving title, or sue on your title within twelve years, and ask for an injunction to stop construction.

The first week

• Photograph and video the occupation with dates: walls, structures, signboards and the people present.
• File a GD at the police station describing the occupation and any threats.
• Collect title papers: deeds, CS/SA/RS/BS khatians, mutation record, DCR, tax receipts, mouza map.
• Collect possession evidence: tax receipts, utility or holding bills, lease or cultivation records, and neighbours willing to give evidence.
• Check the records for any new 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 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. This is bailable and compoundable.
• Abettors face the same punishment as the principal offender, and repeat offenders face double.

The offences are cognizable, so the police can register a case, and they are tried by a Judicial or Metropolitan Magistrate, with trial meant to finish within 180 days. Occupation is not treated as an offence where the occupier has already filed a genuine civil case about the title or record, which grabbers sometimes do tactically.

Restoration of possession by the Executive Magistrate

A person dispossessed without due process can apply to the Executive Magistrate. After hearing both sides and a local inquiry, the Magistrate can order possession restored, and the application should be decided within three months. This route is not available while a civil suit about possession of the same land is pending.

Civil remedies

Section 9 suit (within six months)

If you were in possession and were dispossessed without due process, sue within six months to recover possession. You do not have to prove title, only prior possession and dispossession. There is no appeal from the decree, and it cannot be used against the government.

Suit for declaration and recovery of possession

After six months, or where title itself is disputed, sue for a declaration of title and recovery of possession. The general limit is twelve years from dispossession. After twelve years the occupier may acquire title by adverse possession, which is why owners abroad must not let a grab sit.

Injunction

With either suit, apply for a temporary injunction to stop construction, sale or further occupation. Courts move faster when photographs show work in progress.

Section 145 proceedings

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

Forged deeds and false mutations

If the grabber holds a forged deed or has been mutated, you usually need three things together: a criminal case for forgery, a civil suit to declare the deed void and cancel it, and an application to the revenue authorities to cancel the mutation. Doing only one of them leaves the others standing against you.