Efficacy of the land survey tribunal

TO dispose of the suits arising out of the final publication of the last revised record of rights, the Land Survey Tribunals have been established in the country. By the Act no. IX of 2004, chapter XVIIA, Land Survey Tribunal and Land Survey Appellate Tribunal was incorporated in the State Acquisition and Tenancy Act 1950, describing the powers and procedure for these Tribunals.

The Tribunals established under this law are quite incapable of providing the deserving remedies to the litigants due to insufficiency in the provisions described in Chapter XVIIA. As a result, it can in no way carry out the purposes behind this enactment.

Section 145D of this chapter laid down the power and procedure of the Tribunal where it was provided that for the purposes of disposal of suits or appeals, a Land Survey Tribunal or a Land Survey Appellate Tribunal shall exercise the powers and follow the procedure under the Code of Civil Procedure 1908.

Section 145I provides, 'the Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Chapter'. However, this rule is yet to be made by the Government though it is vitally important to continue Tribunals' proceedings smoothly as well as ensure justice in the suits tried by the Tribunals. Despite lack of adequate laws, the Tribunals are continuing judicial proceedings and promulgating final judgements.

The suits to be tried by the Tribunal are civil nature and in every stage of the proceedings the Tribunals are following all the relevant provisions of the Code of Civil Procedure, which are beyond the Chapter XVIIA. However, while for the sake of justice, any petition beyond the provisions described in Chapter XVIIA is submitted by any party in the suit, the Tribunal raises the question of relevant laws.

Under the prevailing provisions, in the event of death of any party in the suit, the Tribunal cannot substitute the successors of the deceased or strike out the name of deceased. It is also unable to add any new party in the suit that may be required for the sake of justice. An 'inherent power', which is exercised by the civil Courts in absence of any specific provision and for the sake of justice, has not been conferred on Tribunals. However, the Tribunals trying the suits related to the vested properties are exercising such powers.

It is often alleged that in many cases, the Sardar Amins as well as the Revenue Officers prepared the record of rights completely with false details by taking unfair means. The influential people got the record of rights prepared as they wanted. Without any local inspection or investigation on the spot, it by no means is possible to ascertain the real truth as well as ensure the justice. But the Chapter XVIIA does not include any provision to appoint any commissioner for investigation or inspection of the suit land.

As per the provision laid down in Section145B(5) of this chapter, any person aggrieved by the decision of the Land Survey Tribunal may prefer an appeal to the Land Survey Appellate Tribunal within three months from the date of such decision. The Section145B(6) further provides that an appeal may also be admitted within next three months even after the expiry of the period specified in sub-section (5), if the Land Survey Appellate Tribunal is satisfied with the reasons for delay shown by the appellant. The Tribunals on a regular basis are passing judgment, decree and order in the suits which they are trying. In accordance with the provision laid down in Section 145B(1), necessary Appellate Tribunals were supposed to be established to hear the appeals arising out of the judgment, decree or order passed by Tribunals.  However, there is no Appellate Tribunal, where the party aggrieved will go for remedy.

It was expectation of the people that the Court would be their last resort for justice. The Government has also established the Land Survey Tribunals with a view to ensuring justice. But the lack of necessary laws results into the miscarriage of justice. The purposes behind the enactment of Chapter XVIIA can in no way be carried out, unless the necessary rules are made.  

The writer is an Advocate, Judge Court, Sylhet.