Question
A group of people from our village has forcibly built a road over our proprietary land. Now they have hired laborers to cut soil from our land to raise the road. A record road exists beside our land, but an influential villager has built a house there. The village member and chairman are supporting them, and my family feels helpless. How can we remove this road from our land, and are there any strong laws to protect us?
Answer
In Bangladesh, the right to property is a constitutionally protected right, and no one has the legal authority to encroach on or use private property without the owner’s consent. In your case, the construction of a road over your proprietary land, without your permission, is illegal. Here are the steps you can take to protect your land and remove the road:
1. Legal Provisions Protecting Private Property
- Article 42 of the Constitution of Bangladesh guarantees the right to hold, acquire, and dispose of property. Any interference with private property must follow the law, and no one can take or use your land without proper legal procedures.
- Sections 5 and 6 of the Specific Relief Act, 1877 allow you to file a suit for the recovery of possession of your property if it has been encroached upon or if anyone has built on it without your consent.
2. Filing a Case for Removal of the Road
- Filing a Civil Suit for Ejectment and Injunction:
- You can file a civil suit in the Assistant Judge’s Court for the removal of the illegal road from your land. This type of suit is known as a suit for ejectment.
- In the same suit, you can ask for a temporary injunction to immediately stop the laborers from cutting soil and raising the road further. This injunction will prevent any further work on the road until the case is resolved.
- You can also request a permanent injunction in the suit, which will prohibit the use of your land for the road in the future.
- Application for Survey of Land:
- To strengthen your case, you may request a demarcation of your land by the Assistant Commissioner (Land) or the local land office. This survey will officially verify the boundaries of your land, which can be used as evidence in court to prove that the road is being built on your private property.
3. Actions Against Soil Cutting
- Filing a General Diary (GD):
- You can file a General Diary (GD) at the local police station to report the illegal cutting of soil from your land. This will ensure that law enforcement is aware of the situation, and they may intervene to stop further destruction of your property.
- In your GD, clearly mention that the soil cutting is unauthorized and that it’s being done by a group of people, supported by influential locals.
- Seeking Compensation for Damages:
- If soil has already been removed from your land, you can seek compensation through the civil suit. This compensation would cover the damages caused to your property due to the unauthorized soil cutting.
4. Addressing the Influence of Local Authorities
- Administrative Appeal:
- If the village member or chairman is supporting this illegal activity, you can approach higher administrative authorities such as the Upazila Nirbahi Officer (UNO) or the Deputy Commissioner (DC) for assistance. They have the authority to intervene if local officials are acting unjustly.
- Filing a Complaint with the Anti-Corruption Commission (ACC):
- If you suspect that local officials are colluding with the influential villager in exchange for personal gain, you can file a complaint with the Anti-Corruption Commission (ACC) for an investigation.
5. Seeking Police Help to Stop the Encroachment
- Filing a Criminal Case:
- If the encroachers continue building the road despite warnings, you may file a criminal case under Section 447 of the Penal Code for criminal trespass. Section 447 deals with the illegal entry onto someone else’s property with the intent to commit an offense or intimidate, insult, or annoy the property owner.
- Engaging a Lawyer:
- Since the matter involves both civil and criminal aspects, it’s crucial to engage a lawyer who can represent you in court and ensure that the road is removed from your property, and that those responsible are held accountable.
6. Possibility of Mediation
- In some cases, before escalating to a court case, you might want to explore mediation with the help of a neutral third party, possibly from the Upazila or a community elder, to resolve the issue amicably. If the other party is willing to cooperate, this can save time and resources.