Real inconsistencies in land management, context:
Record correction after mutation -- by Suman Chowdhury Biku
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Putting aside everything else in our country's land management,
the subject seems to me the most ridiculous that is the self-contradiction of
record updating, management and preservation after completing mutation.
According to the SA & T Act and the land management manual, provision has
been made for lightening and correction of records through naming process
between the two surveys. And as per the rules this work is done at the field
level through upazila land office and union land office by Ac land, kanungo, union land assistant
officer, surveyor, office assistant and mutation assistant, process server
according to the existing law. One copy of the five copies of the khatian
created in the name of new owner is distributed to the land owner after given
approval of a mutation case and one copy is kept in the Ac land office, one
copy is kept in the relevant case nothi and the other copy is sent to the
district record room. With few exceptions the destination of the first four
copies is fine, but I don't know if there is a precedent for the rest to over
reach the record room. This is the practice of the whole country. Somewhere
that copy may not be opened from the case file, or even if it is opened for the
purpose of sending somewhere, it is neglected in one place day after day. So
what is the matter, every day records are being changed in the upazila and
field level while all the records are being kept intact from the time of final
supply of published records in the form of gazette in the district record room.
As a result there is a huge gap in the right information of many. And because
of that there are raising various complications.
Here are some examples:
Suppose you have to sue a civil case to the learned
civil court for a wrong survey record and you went to a lawyer. He advised you
to submit a certified copy of the relevant khatian. You collected a certified
copy from the record room and gave it to the lawyer. He prepared the prayer
petition of the case based on it and filed the case. The learned court
completed the trial in its light and gave the verdict. You are as much as happy
to get an ex-party decree. In such cases there is usually no competition.
According to the certified copy, there is no need for those who have defended
you to compete.
Because he has already sold the land of that khatian to
a different person on the basis of that disputed record. And after he has
updated the record in the procurement process, his name has been included in
the place of the previous owner and the rights of the previous owner have been
revoked. But even after you collect the certified copy from the record room,
you don't know that so many changes have already taken place!
This time you took a copy of the decree to the land
office for correction of records. The concerned land assistant officer checked
the records and saw that the ownership of the land requested had already
changed. But the declaration suit did not shed any light on the matter and they
were not represented in the case.
It is seen that in most of the cases the issue is tried
to prove as harassment without going into the depth of the problem. In this way
it is seen that as a result of an inconsistency at the beginning, the problems
are gradually accumulating and taking on a complex shape.
Therefore, the general public should be made aware that
before doing any work related to land, it is essential to go to the field level
land office and find out the status of the record.
In the above case, the lawyer should have advised the
client to present to him the news about the present status of the record and to
conduct the case in his light. But in reality, ninety percent of what we see is
not done.
Another factor that plays a controlling role in
creating distance between the field office and the general public is land
development tax exemption.
If there was an obligation to pay the minimum land
development tax, every person would have to go to the record and regularly know
the status of his land record.
The above is just one of the ongoing inconsistencies in
land management. There are thousands of such inconsistencies. Usually we all
say that most social conflicts arise from this land. If so preventing this
minor inconsistencies would definitely have a positive impact on the overall
national development.
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Suman chowdhury biku
lyricist, Radio Bangladesh
E-mail: scbikuland@gmail.com
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