Question
My father bought 9 khata of land in Khilkhet, Dhaka in 1987 and rented out a half-built house there since 1999. We left 6 feet of space in front of the land for a city corporation road (circa 1995-1998), though there is no city corporation design or plan for this road. Recently, 2-3 landowners behind us who bought land in the last 4-5 years are pressuring us to leave 12 feet for a road, even though we already left 6 feet, and they want this extra space for free. The owner of the empty land next to us offered to give 6 feet of space for the road free of charge and another 6 feet at a fair price, but the landowners behind us are refusing to pay for the road and are pressuring my father, who is 70 years old, with threats and even broke our boundary wall. We filed a GD at Khilkhet police station. How can we stop them from taking our land?
Answer
In your case, it is essential to act both legally and strategically to protect your land from being forcibly taken for road construction. The situation you described involves your family’s property in Khilkhet, Dhaka, which you are entitled to defend based on several laws protecting private ownership. Here are the steps you can take:
1. Understand Your Property Rights
- Since your father bought the land in 1987, you have the legal ownership of this land under the Transfer of Property Act, 1882. No one can take your land without following proper legal procedures or providing compensation.
- You are under no legal obligation to provide any additional land for a road beyond what you have already left unless the government officially acquires the land through a formal notice under the Acquisition and Requisition of Immovable Property Act, 2017.
- The fact that the landowners behind you are pushing for 12 feet without proper legal grounds shows that this is not an official government request but rather a private demand.
2. What to Do About the Unofficial Road Demands
- If the road has no official documentation, government design, or city corporation approval, you are not required to surrender your land. You can request these landowners to provide any official papers that justify the need for a 12-foot road. In the absence of such documents, their claims hold no legal weight.
- The offer made by the adjacent landowner (6 feet of road space for free and 6 feet for purchase) is a fair and legal way to negotiate. You can inform the landowners behind you that if they want more space, they need to negotiate and purchase the additional land at a fair market price.
3. File a Stronger Complaint
- Since your boundary wall was broken, and there have been threats and harassment against your elderly father and tenants, it is crucial to file a stronger police complaint. The General Diary (GD) is a start, but you may need to escalate this by filing an FIR (First Information Report) at the police station for criminal intimidation under sections of the Penal Code, 1860.
- Sections such as 506 (criminal intimidation) and 427 (mischief causing damage to property) can apply in your case. When intimidation and destruction of property are involved, the police are required to take stronger action, including conducting an investigation and arresting the culprits.
4. Seek a Court Injunction
- You can file a civil suit seeking an injunction against these landowners and their associates to stop them from encroaching on your property. An injunction from the court can legally prohibit them from harassing your family or damaging your property any further.
- You can apply for a permanent injunction under the Code of Civil Procedure, 1908 to prevent future encroachments or threats. This will give you legal protection and peace of mind that your land cannot be taken without your consent.
5. Negotiate Through Legal Channels
- Given the pressure from local leaders and political figures, it may be wise to engage a lawyer to represent your family in negotiations. A lawyer can help you set clear terms for any road usage while ensuring that your property rights are respected.
- If the landowners behind you continue to press for the road, make it clear through your lawyer that they must either accept the terms offered (6 feet free and 6 feet at fair market value) or legally challenge the matter in court, where you have strong grounds to win.
6. Use Media or Community Support
- If the political leaders are applying undue pressure, you can consider seeking media attention or engaging with community leaders who may be sympathetic to your case. Sometimes, the threat of public exposure or the involvement of neutral community figures can stop aggressive land-grabbing tactics.
7. Know Your Legal Defense
- Legally, the Land Survey Tribunal and Land Survey Appeal Tribunal in Bangladesh can be involved if any discrepancies arise regarding the boundary of your land. However, since there is no formal government plan for this road, and the landowners behind you have no legal standing to demand free land, you are not required to give in to their demands.
- If they continue to harass you, you can proceed with a defamation suit or claim damages for the destruction of your property.