After the final publication of the revised Record-of-Rights, any cases arising must be filed in the Land Survey Tribunal. Here’s everything you need to know about these special tribunals:
Purpose of Land Survey Tribunal:
- Cases Handled:
- Deals with cases arising from the final publication of the latest record of land rights prepared under section 144.
Establishment and Jurisdiction:
- Government Authority:
- The government can establish as many Land Survey Tribunals as needed by notifying it in the official government gazette.
- The government can also notify and change the geographic area under the jurisdiction of any Land Survey Tribunal through the official gazette.
Appointment of Judges:
- Judicial Appointments:
- Judges for the Land Survey Tribunals are appointed by the government in consultation with the Supreme Court.
- Appointments are made from among Joint District Judges.
- Temporary Assignments:
- Until a judge is appointed, the government can temporarily assign an existing Joint District Judge in each district to serve as the judge for that district’s Land Survey Tribunal.
- A temporarily assigned Joint District Judge is considered as if they are officially appointed as the tribunal’s judge.
- Additional Appointments:
- If needed, the government can appoint one or more Senior Assistant Judges or Assistant Judges to serve as judges for a Land Survey Tribunal to help with the cases.
Key Points Summary:
| Aspect | Details |
|---|---|
| Cases Handled | Final publication of land rights cases (section 144) |
| Establishment | Notified by government in official gazette |
| Jurisdiction Changes | Notified by government in official gazette |
| Primary Judges | Joint District Judges appointed in consultation with Supreme Court |
| Temporary Assignments | Existing Joint District Judges assigned temporarily |
| Additional Judges | Senior Assistant Judges or Assistant Judges if needed |
Visual Summary:
Cases Handled: Section 144 land rights cases- Establishment: Notified in government gazette
- Jurisdiction: Geographic areas defined in gazette
- Primary Judges: Joint District Judges appointed
- Temporary Assignments: Joint District Judges assigned
- Additional Judges: Senior Assistant Judges or Assistant Judges if needed
Important Notes:
- Purpose: Ensures efficient handling of land rights cases after the final publication of the Record-of-Rights.
- Government Authority: Flexibility in establishing and adjusting tribunals as needed.
- Judicial Appointments: Ensures qualified judges handle cases with the consultation of the Supreme Court.
By understanding the structure and function of the Land Survey Tribunal, stakeholders can navigate the legal processes related to land rights more effectively.
Court Fees for Filing Suit to the Land Survey Tribunal
Filing a case in the Land Survey Tribunal involves specific court fees, as established by the Court Fees Amendment Law of 2010 and supported by a significant court ruling. Here’s a breakdown:
Court Fees Overview
- Land Act: Does not specify the fees for filing a case in the Land Tribunal.
- Court Fees Amendment Law of 2010: Sets the fee at 1000 Taka.
Important Court Case: “Md. Sarwar Miah alias Nabab Meah v Bangladesh”
- Issue: Challenged the Land Tribunal’s order requiring a 1000 Taka court fee.
- High Court Ruling: Affirmed the Land Tribunal’s order. The correct court fee for filing a case in the Land Tribunal is 1000 Taka.
Filing Fees for Appeals
- Appeal to Land Appeal Tribunal: Also requires a 1000 Taka court fee.
Summary Table
| Action | Court Fee |
|---|---|
| Filing a case in Land Tribunal | 1000 Taka |
| Filing an appeal in Land Appeal Tribunal | 1000 Taka |
Key Points Summary
- No Fee Mentioned in Land Act: The Land Act does not specify fees for filing cases.
- Court Fees Amendment Law: Sets the filing fee at 1000 Taka.
- High Court Validation: High Court ruling supports the 1000 Taka fee.
- Uniform Fee for Appeals: Filing an appeal also requires 1000 Taka.
Visual Summary
- No Fee in Land Act
- Court Fees Law: 1000 Taka
- High Court Ruling: Confirms 1000 Taka fee
- Appeal Fee: 1000 Taka
By understanding these fees and the legal rulings supporting them, individuals can be better prepared when filing cases or appeals in the Land Survey Tribunal.
Weaknesses of Land Survey Tribunals
Land Survey Tribunals and Land Appeal Tribunals play crucial roles in resolving land disputes. However, they face significant challenges due to the lack of detailed laws and procedural clarity.
Key Weaknesses
- Lack of Detailed Procedural Laws:
- No clear rules for changing documents (pleadings) filed by parties.
- No proper guidelines for adding or removing parties in a case.
- Heavy Workload for Tribunal Judges:
- Judges handle a large number of land cases, leading to delays and inefficiencies.
- Absence of a Separate Land Appeal Tribunal:
- The government has not established a required Land Appeal Tribunal.
- People cannot fully appeal decisions made by the Land Tribunal.
- Inconsistent Orders from Different Land Tribunals:
- Different tribunals issue varying decisions in similar cases, leading to confusion and lack of uniformity.
Impact on the Land Justice System
- These weaknesses undermine the effectiveness of the land justice system.
- Proper laws and infrastructure are needed to strengthen the tribunals’ ability to handle their responsibilities effectively.
Summary Table
| Weakness | Description |
|---|---|
| Lack of Procedural Laws | No clear rules for changing documents or adding/removing parties in cases |
| Heavy Workload | Judges overwhelmed with large numbers of land cases |
| No Land Appeal Tribunal | Absence of a dedicated tribunal for appeals |
| Inconsistent Orders | Varying decisions from different tribunals in similar cases |
Visual Summary
- Lack of Laws: Inadequate procedural rules
- Heavy Workload: Judges overwhelmed
- No Appeal Tribunal: Appeals unaddressed
- Inconsistent Orders: Varying decisions
Conclusion
The land justice system is weakened by these challenges. Implementing comprehensive laws and establishing necessary tribunals can significantly improve the system, ensuring fair and efficient resolution of land disputes.
Recommendations for Improvement
- Establish Clear Procedural Laws: Develop detailed guidelines for document changes and party management.
- Reduce Workload: Increase the number of judges or provide additional resources to handle cases.
- Set Up Land Appeal Tribunals: Establish dedicated tribunals for appeals to ensure full justice.
- Ensure Consistency: Standardize procedures and decisions across all tribunals for uniformity.
Bar to Jurisdiction of Civil Courts Section
Section 145F of the Act imposes restrictions on legal cases concerning the final publication of the last revised record-of-rights under section 144. Here are the key details:
Jurisdiction Limitation
- Scope: No legal case related to the final publication of the record-of-rights can be filed in any regular civil court within the area where a Land Survey Tribunal operates under section 145A.
- Effect: Disputes over the final publication cannot be taken to a civil court in that specific jurisdiction.
Transfer of Cases
- Existing Cases: If a case regarding the final publication is already filed in a civil court before the establishment of a Land Survey Tribunal, it will be transferred to the Tribunal once formed.
- Current Process: There are currently no specific rules outlining the procedure for transferring these cases to the Land Survey Tribunal.
Summary of Restrictions
- Legal Cases: Restricted from regular civil courts within the Land Survey Tribunal’s jurisdiction.
- Transfer Process: Existing cases to be transferred to the Tribunal upon its establishment, with no defined transfer protocol currently in place.
Visual Summary
- Jurisdiction Restriction: Cases not allowed in civil courts.
- Transfer of Cases: Pending cases moved to Land Survey Tribunal.
Conclusion
Section 145F ensures that disputes over the final publication of record-of-rights are exclusively handled by the Land Survey Tribunal once established, reinforcing specialized jurisdiction in land matters. However, clarity and procedural guidelines are needed for seamless case transfers and resolution.
