Measures for Preventing Illegal Possession in Bangladesh

 

Illegal possession of land is a significant issue in Bangladesh, often leading to disputes, financial losses, and legal battles. To address such concerns, the legal framework provides mechanisms to safeguard lawful occupants and prevent unauthorized evictions or dispossession. Below is a structured guide on the measures available to prevent illegal possession and how affected individuals can seek legal recourse.

 

  1. Legal Protection Against Illegal Possession in Bangladesh

Under Section 7 of the Land Crime Prevention and Remedies Act, 2023, lawful occupants of a property cannot be evicted or dispossessed without an appropriate court or authority order. If any unauthorized attempt is made to seize possession or if a wrongful order is issued, the lawful occupant retains the right to access and use the land. In such cases, the affected party may submit a formal complaint along with relevant documents to the designated Executive Magistrate for necessary intervention.

 

  1. Role of the Executive Magistrate

The Executive Magistrate plays a crucial role in preventing illegal possession by ensuring that due process is followed. Upon receiving a complaint:

  • The Magistrate will conduct a formal hearing with the applicant.
  • The application and supporting documents will be thoroughly reviewed.
  • If satisfied, the Magistrate will take immediate steps to prevent any eviction attempts and protect the applicant’s possession.
  • If an opposing party presents objections or legal documents, they will be given an opportunity to submit them officially.

 

  1. Investigation and Reporting

If necessary, the Executive Magistrate may instruct the Assistant Land Officer to conduct an independent investigation and submit a comprehensive report as per Appendix 3. This report helps assess the validity of the claim and provides crucial evidence for decision-making.

 

  1. Decision-Making Process

Following the review of documents, hearings, and investigation reports, the Magistrate will decide based on the following considerations:

(a) Valid Claim to Possession

If it is established that the applicant has a lawful right to occupy the disputed land, the Magistrate shall issue an official order as per Appendix 4, revoking any previous adverse rulings that may have led to eviction attempts.

(b) Unsubstantiated or Disputed Claims

If the applicant’s claim cannot be proven, or if there is an existing case regarding ownership in a competent court, then issuing an order may not be appropriate. In such cases, the matter may be dismissed, with instructions to resolve it through judicial proceedings.

(c) Verification of Records

The Executive Magistrate may access land records, deeds, inventory, and other relevant legal documents from government offices to verify claims and ensure transparency in the process.

 

  1. Timeline for Resolution

  • Applications filed under this rule must be resolved within 45 working days from the date of submission.
  • After the hearing and investigation, the Magistrate shall record all decisions in the official register for future reference.

 

  1. Legal Actions Against Violators

(a) Penalties for Violating Legal Orders

If any individual violates an order issued under this rule and attempts to:

  • Evict the lawful occupant
  • Dispossess them from the land
  • Threaten or coerce them

The Executive Magistrate shall initiate legal action against the offender by:

  • Issuing a formal memorandum detailing the offence
  • Referring the matter to the appropriate criminal court for prosecution
  • If applicable, authorizing the operation of a mobile court to take immediate corrective action

(b) Arrest and Preventive Measures

If the dispute poses a risk of public disorder or breach of peace, the Executive Magistrate may use their authority under Section 107, Sub-Section (3) of the Code of Criminal Procedure, 1898 to:

  • Issue an arrest warrant against the violator.
  • Direct the Officer-in-Charge of the concerned police station to ensure the enforcement of law and order concerning the disputed property.

 

  1. How LegalSeba LLP Can Help

At LegalSeba LLP, we specialize in handling cases related to illegal land possession and disputes in Bangladesh. Our team of expert legal professionals ensures that clients receive comprehensive legal support, including:

  • Case evaluation and consultation
  • Drafting and filing applications with relevant authorities
  • Legal representation in hearings before the Executive Magistrate
  • Collection and verification of land documents
  • Liaising with government offices for record retrieval
  • Ensuring timely resolution of cases within the legal timeframe

 

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

Contact Us Today

For more details or to schedule a consultation, reach out to us at:

📞 Phone/WhatsApp: +8801753718223
📧 Email: [email protected]
🌐 Website: LegalSeba.com/book-now

Let LegalSeba LLP be your trusted partner in handling illegal possession claims in Bangladesh efficiently, ensuring compliance and peace of mind for your business and personal assets.