Reinstatement of Possession by a Dispossessed Person in Bangladesh
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Introduction
The protection of lawful possession of land is a fundamental right. To safeguard individuals from unlawful eviction or dispossession, the law provides a structured legal framework for reclaiming possession of previously occupied land. This document outlines the procedure and guidelines for a dispossessed person to seek reinstatement of possession through the designated Executive Magistrate.
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Application for Reinstatement of Possession in Bangladesh
(1) In accordance with Section 8 of the Land Crime Prevention and Remedies Act, 2023, if an individual has been forcibly evicted or unlawfully dispossessed from their occupied land without a valid court order or authority approval, they may submit an application to the designated Executive Magistrate. The application must be supported by relevant documents and follow the provisions outlined in Appendix-5.
(2) Upon receipt of the application, the Executive Magistrate shall review the supporting documents, including original copies or certified copies. If the documents are found to be authentic, the Magistrate shall:
- Validate them with an official seal and signature.
- Attach them to the application.
- Provide the applicant with a certified copy.
- Return the original documents to the applicant.
(3) If the application and supporting documents are deemed insufficient, the Executive Magistrate shall record the reasons for rejection and specify that no further applications shall be entertained based on the same documents.
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Investigation and Report Submission
(4) If the submitted application and documents are found valid, the Executive Magistrate shall:
- Issue a formal notice to the Respondent within 15 (fifteen) working days, in accordance with Appendix-6.
- Direct the Investigating Officer to conduct an inquiry and submit a detailed report within 15 (fifteen) working days.
(5) If the investigation cannot be completed within the stipulated period, the Executive Magistrate may extend the deadline by an additional 15 (fifteen) working days, upon receiving a formal request from the Investigating Officer.
(6) The Investigating Officer shall:
- Serve notice to the Respondent, providing all relevant evidence and documents submitted by the complainant.
- If land measurement is required, seek assistance from the concerned land office.
- Examine and collect copies of records, documents, and other relevant information from any necessary office.
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Re-Investigation and Hearing Process
(7) If any party is dissatisfied with the investigation report submitted by the Investigating Officer, they may file an appeal with the Executive Magistrate requesting a re-investigation. The Executive Magistrate has the discretion to order a fresh investigation if deemed necessary.
(8) The Executive Magistrate shall ensure that the notice under sub-rule (4) is duly served for the hearing. During the hearing, the Magistrate shall:
- Consider the legal arguments and evidence presented by the applicant, respondent, and their legal representatives.
- Evaluate the credibility of the submitted statements and documents.
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Issuance of Reinstatement Order
(9) If, after reviewing all submitted documents, statements, and the Investigating Officer’s report, it is determined that the applicant was lawfully occupying the land and has been illegally evicted or dispossessed, the Executive Magistrate shall:
- Issue an order for reinstatement or restoration of possession of the land.
- Follow the procedures outlined in Appendix-7 for execution of the order.
(10) If the notice under sub-rule (4) is not served within the specified time, the Executive Magistrate shall proceed with the case based on the applicant’s complaint, application, documents, and the Investigating Officer’s report.
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Special Powers of the Executive Magistrate
(11) The Executive Magistrate may invoke the provisions of the Right to Information Act, 2020 (Act No. 11 of 2020)where applicable to obtain necessary information and records for the case.
(12) For the purpose of resolving land disputes, the Executive Magistrate may:
- Examine and collect copies of land records, documents, and any other relevant materials kept in government or private offices.
- Conduct independent verification of the land records.
(13) The Executive Magistrate may appoint temporary bailiffs, messengers, or process servers for case-specific tasks such as serving notices and summons.
(14) In disputes involving law and order concerns, the Executive Magistrate may issue direct orders to the Officer-in-Charge of the relevant police station to take necessary measures to prevent any breach of peace.
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Conclusion
These guidelines ensure a structured legal approach to reinstating dispossessed individuals in possession of their lawfully occupied land. The Executive Magistrate, alongside the Investigating Officer, plays a crucial role in ensuring justice and preventing illegal land dispossession. Any aggrieved party has the right to appeal and seek a fair hearing to restore their legal rights over the disputed land.
To learn more about legal due diligence in a property transactions project in Bangladesh, please visit:
Verifying Property Ownership in Bangladesh – Comprehensive Guide →
Flat Purchase Legal Compliance in Bangladesh – A Comprehensive Guide→
Land Measurement System in Bangladesh →
Different Types of Khatiyan in Bangladesh →
How to Verify Land Title Deed in Bangladesh →
Land Mutation Process in Bangladesh
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