Abstract

LAW OF VESTED/ENEMY PROPERTY IN BANGLADESH: AN ANALYTICAL APPROACH

Mohammad Ikbal Hasan

Volume: 6 Issue: 3 2016

Abstract:

In Bangladesh we have enormous lands which have been possessed as vested properties since long. The Vested Property derives from the “Enemy Property”, under the provisions of the Enemy Property Act (EPA) promulgated in Pakistan following a brief war between Pakistan and India in 1965.The Laws on Vested Property in Bangladesh have long been criticized as a major violation of the rights of citizens, especially minorities, who have had property seized in the past simply on leaving the country. The EPA was directed against those perceived as enemy, and was used as an instrument for appropriating land belonging to Hindus accused of supporting India. After Bangladesh had earned independence from Pakistan, the act was converted into Vested Property Act without altering the contents of the law. Finally, Government tabled a new law i.e. The Vested Property Return Act, in 2001, fixing a 180-day time limit to prepare a list of the properly documented as vested property in order to take steps to restore falsely seized lands. But the subsequent government by the end of 2001 amended the bill replacing the 180-day deadline with an 'indefinite period'. So, the list was not completed until the amendment of the act in 2011 to restore the enlisted enemy/vested properties to the really interested persons. At present, the restoration process of the vested property is going on in compliance with the amended law. This paper will point out the evolution of the law on vested property along with its questionability and analyze its present context.

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References

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• It is notable that according to the Restoration of Vested Property (amendment) Act, 2011 „Vested properties‟ was divided into two classes in consideration of possession or control of the government, namelyi. „A‟ Schedule property as defined above which are under the possession or control of the government and ii. „B‟ Schedule property means the properties which have been listed as vested properties but are not under the possession or control of the government rather those properties are in possession other than the government. But the Amendment of the Act in 2013 repealed the „B‟ schedule and „A‟ schedule property is named as Restorable property.
• It is noted that Gazette containing „A‟ schedule was published April 15 2012.
• It is notable that the vested Property Return Tribunal and additional Tribunal were composed of consecutively by the District Judge and the additional District Judge under the Vested Properties Return (amendment) Act (2011). But due to overburden of cases the jurisdiction of the Tribunal was extended to the rank of joint District Judge or senior Assistant judge for speedy trial of the vested property return cases by the amendment of the act in 2013.
• Op.cit. Uddin, Mohammad Moin, pp.1-31.
• Amena A. Mohsin, “Religion, Politics and Security: The Case of Bangladesh,” Religious Radicalism and Security in South Asia, ch 20, Asia-Pacific Center for Security Studies, http://www.apcss.org/Publications/Edited%20Volumes/ ReligiousRadicalism/PagesfromReligiousRadicalism andSecurityinSouthAsiach20.pdf.
• Op.cit. Samir Kalra.
• Hasan, Mohammad Ikbal, A Text Book on Land Law, Sui Juris, Chittagong, 2015, p 426.
• Supra note 9.