Land survey tribunals set to be abolished

Move to ease disposal of land-related cases

The governmsent has finalised the draft of the amendment to the State Acquisition Tenancy Act-1951 that would abolish land survey tribunals (LSTs) to ease the disposal of land-related cases. According to sources, the government has already finalised the draft of the amendment to the State Acquisition Tenancy Act-1951. The LST chapter has been abolished from this act. It rather incorporates a provision stating that the cases pending before LSTs for disposal would be transferred before civil courts, which would dispose them of in line with the law. The sources say The amendment to the related section of the State Acquisition and Tenancy Act-1951 will be passed in the upcoming winter session of Parliament. More than three lakh cases are currently pending before 41 LSTs across the country for disposal, resulting in immense suffering for the litigants.  

In 2004, the government had formed LSTs to conduct trial proceedings for land-related cases. But it did not form any Appellate Tribunal for those who would be willing to move against the LST verdict. Aggrieved litigants are unable to appeal against an LST decision, if any.

These litigants have to file writ petitions before the High Court (HC) or file a revision petition before the HC seeking remedy.  Finally, they have to seek remedy from the Appellate Division of the Supreme Court (SC) to get final justice. So, It takes a long time to dispose of a case from LSTs to the SC.

Considering all these aspects, the government has taken steps to amend the law abolishing LSTs. After abolishing LSTs, the power of conducting land-related cases will be handed over to civil courts across the country. This will help reduce the litigants’ suffering, sources say.    

Law minister Anisul Huq said the government was planning to expand the scope of conducting the trial proceedings of land-related cases to reduce the litigants’ suffering. After the abolition of the 41 LSTs, all civil courts—starting from assistant judge courts to joint district judge courts—would deal with the cases, thereby helping to reduce the sufferings of the litigants.

The amendment also states that the litigants, who did not file any appeal against the verdict given by the LSTs due to legal complexities, would be able to file appeals with civil courts within 60 working days of the effectiveness of the act.

Till June this year, a total of 303,035 cases remained pending before the LSTs for disposal. Among these cases, a total of 56,145 cases were pending for more than five years. The trial proceedings of 145 cases have been stayed following the higher court order.  This is causing immense suffering for litigants as they are not getting justice despite the lapse of many years after filing of cases.

The legal adviser of the land ministry, advocate Manzill Murshid, said the number of pending cases have been increasing before the LSTs. All aggrieved litigants have to file writ petitions before the HC, which is costly, he added. The government has decided to amend the law to reduce the sufferings of the public, he added.

Earlier, the law ministry formed a sub-committee, headed by SC senior lawyer advocate Abdul Matin Khasru, to take necessary steps to amend the State Acquisition and Tenancy Act-1951.

Land survey tribunals set to be abolished

Move to ease disposal of land-related cases

The governmsent has finalised the draft of the amendment to the State Acquisition Tenancy Act-1951 that would abolish land survey tribunals (LSTs) to ease the disposal of land-related cases. According to sources, the government has already finalised the draft of the amendment to the State Acquisition Tenancy Act-1951. The LST chapter has been abolished from this act. It rather incorporates a provision stating that the cases pending before LSTs for disposal would be transferred before civil courts, which would dispose them of in line with the law. The sources say The amendment to the related section of the State Acquisition and Tenancy Act-1951 will be passed in the upcoming winter session of Parliament. More than three lakh cases are currently pending before 41 LSTs across the country for disposal, resulting in immense suffering for the litigants. In 2004, the government had formed LSTs to conduct trial proceedings for land-related cases. But it did not form any Appellate Tribunal for those who would be willing to move against the LST verdict. Aggrieved litigants are unable to appeal against an LST decision, if any. These litigants have to file writ petitions before the High Court (HC) or file a revision petition before the HC seeking remedy. Finally, they have to seek remedy from the Appellate Division of the Supreme Court (SC) to get final justice. So, It takes a long time to dispose of a case from LSTs to the SC. Considering all these aspects, the government has taken steps to amend the law abolishing LSTs. After abolishing LSTs, the power of conducting land-related cases will be handed over to civil courts across the country. This will help reduce the litigants suffering, sources say. Law minister Anisul Huq said the government was planning to expand the scope of conducting the trial proceedings of land-related cases to reduce the litigants suffering. After the abolition of the 41 LSTs, all civil courtsstarting from assistant judge courts to joint district judge courtswould deal with the cases, thereby helping to reduce the sufferings of the litigants. The amendment also states that the litigants, who did not file any appeal against the verdict given by the LSTs due to legal complexities, would be able to file appeals with civil courts within 60 working days of the effectiveness of the act. Till June this year, a total of 303,035 cases remained pending before the LSTs for disposal. Among these cases, a total of 56,145 cases were pending for more than five years. The trial proceedings of 145 cases have been stayed following the higher court order. This is causing immense suffering for litigants as they are not getting justice despite the lapse of many years after filing of cases. The legal adviser of the land ministry, advocate Manzill Murshid, said the number of pending cases have been increasing before the LSTs. All aggrieved litigants have to file writ petitions before the HC, which is costly, he added. The government has decided to amend the law to reduce the sufferings of the public, he added. Earlier, the law ministry formed a sub-committee, headed by SC senior lawyer advocate Abdul Matin Khasru, to take necessary steps to amend the State Acquisition and Tenancy Act-1951.