Land Survey Tribunal: BS Khatian Correction Guide in Bangladesh

The cadence of land revenue administration in Bangladesh relies on periodic cadastral field surveys. Following the historical Cadastral Survey (CS), State Acquisition Survey (SA), and Revisional Survey (RS), the government launched the Bangladesh Survey (BS) and specialized City Jarip across Dhaka, Chittagong, and other urban hubs.

Due to corruption among field Kanungos, lack of landowner attendance during field verification (Khanapuri and Bujharat), or deliberate fraud by unscrupulous neighbors, massive errors infected the draft records. Landowners frequently discover that their purchased or inherited property has been recorded in the name of an adjacent owner, that the recorded acreage is drastically curtailed, or that private freehold land has been entered into Government Khas Khatian No. 1 or Vested Property lists.

When the final Gazette notification is issued and the BS volume is deposited in the Collectorate record room, the record becomes final. Relying on an incorrect BS Khatian exposes the property to wrongful mutation, illegal encroachment, and mortgage rejections by commercial banks.

Prior to 2004, aggrieved landowners had to file regular title suits in the ordinary civil courts under the Code of Civil Procedure (CPC) to challenge incorrect survey entries. Because civil suits took decades to resolve, parliament amended the State Acquisition and Tenancy Act 1950 via the State Acquisition and Tenancy (Amendment) Act 2004, inserting Sections 145A through 145I.

Section 145A(1) empowers the government to establish one or more Land Survey Tribunals in each district. The tribunal is presided over by a judicial officer not below the rank of Joint District Judge. Section 145A(5) vests the tribunal with the exclusive jurisdiction to entertain, hear, and dispose of suits arising out of the final publication of the record of rights prepared under Section 144.

Under this statutory mandate, ordinary Assistant Judge civil courts are barred from entertaining suits challenging finally published survey records where an operational tribunal exists, making the Land Survey Tribunal the primary statutory courthouse for khatian rectification.

A widespread and costly mistake made by property owners is filing a mutation review application (Miss Case) before the Assistant Commissioner (Land) requesting the AC Land to 'correct' a wrong BS Khatian. Landowners often waste years petitioning Upazila land offices only to have their applications rejected.

Under the Tenancy Rules and Ministry of Land circulars, the Assistant Commissioner (Land) possesses administrative power to conduct mutation (Namjari) based upon existing, legally recognized records and registered transfer deeds. However, the AC Land possesses zero judicial authority to declare a finally published BS Khatian void or cancel an entry made by the Directorate of Land Records and Surveys (DLRS).

The Supreme Court of Bangladesh has repeatedly ruled that once a record of rights is finally published under Section 144 of the SAT Act 1950, it carries a statutory presumption of correctness. Only a decree passed by a competent court or the Land Survey Tribunal under Section 145A can legally rebut this presumption and command the land administration to rewrite the record. To understand mutation procedures, see our guide on land mutation Miss Case appeals in Bangladesh.

Statutory limitation is the most critical hurdle in Land Survey Tribunal litigation. Under Section 145A(2) of the SAT Act 1950, any person aggrieved by the final publication of any record of rights may, within one (1) year from the date of such publication, file a suit before the Land Survey Tribunal.

The proviso to Section 145A(2) grants the tribunal limited discretion: the tribunal may entertain a suit after the expiration of the one-year period, but not exceeding a further period of one (1) year, if it is satisfied that the plaintiff had sufficient cause for not filing the suit within the initial timeframe.

This creates a strict statutory limitation ceiling of two years from the final publication date. Because many district survey publications occurred years ago and landowners only discover the error when attempting to sell or construct, strict application of limitation often bars the suit. In such instances, specialized advocacy relies on Section 5 of the Limitation Act 1908 or shifts the battle to the constitutional writ jurisdiction of the High Court Division.

Filing a suit before the Land Survey Tribunal follows the formal evidentiary standards of the Code of Civil Procedure 1898. The procedural stages encompass:

1. Drafting the Plaint: The plaintiff drafts a comprehensive plaint impleading the person wrongly recorded in the BS Khatian, the Deputy Commissioner (representing the government), and the relevant AC Land. The plaint specifies the exact plot, khatian numbers, acreage, and the relief sought—namely, declaration of plaintiff's title and direction to correct the BS record.
2. Documentary Annexures: The plaintiff must produce certified copies of the unbroken chain of title: CS Khatian, SA Khatian, RS Khatian, registered deeds (Saf Kabala, Heba, or Bonton-nama), mutation porchas, and land development tax receipts (Dakhila).
3. Service of Summons: Summons are served on the recorded defendants and government revenue officers. The government typically files a pro-forma written statement through the Government Pleader (GP).
4. Trial and Evidence: The plaintiff gives oral testimony (PW-1) and tenders original or certified documentary records into evidence. The tribunal examines whether the plaintiff established continuous physical possession and lawful devolution from historical records.
5. Final Judgment and Decree: Upon finding in favor of the plaintiff, the Joint District Judge delivers a judgment declaring the erroneous BS Khatian void and directs the revenue authority to prepare a corrected Khatian in the plaintiff's name.

Understanding which legal forum holds jurisdiction over land record corrections saves years of futile litigation. The following comparative matrix outlines key statutory venues:

Obtaining a favorable judgment and decree from the Land Survey Tribunal is a major triumph, but the decree must be practically executed in the government revenue books to enable smooth mutation and land tax payments.

Under Section 145B of the SAT Act 1950, when the Land Survey Tribunal passes a decree for the correction of a record of rights, a certified copy of the decree is transmitted directly to the Collector (Deputy Commissioner) of the district. The Deputy Commissioner is statutorily mandated to cause the necessary corrections to be made in the master record of rights maintained in the Collectorate record room.

The DC then forwards an operational direction to the relevant Assistant Commissioner (Land) and Union Land Assistant Officer (Tahsildar). The AC Land opens a dedicated execution mutation file, enters the corrected Khatian in the digital land ledger, generates a corrected Porcha in the plaintiff's name, and accepts land development taxes. If local land officers delay implementation, the plaintiff can file an execution case before the tribunal or issue a formal contempt notice.

A widespread systemic failure across Bangladesh is that in numerous districts, Land Survey Tribunals have remained physically vacant or non-functional for years due to judicial vacancy crises. Furthermore, while Section 145E of the SAT Act contemplated Land Survey Appellate Tribunals (LSAT), the government failed to establish functional appellate tribunals in most divisions.

This structural void creates a grave denial of access to justice. In landmark decisions, the High Court Division established that where an aggrieved citizen has no functional statutory tribunal to approach within the limitation window, or where an LST decree remains unexecuted due to administrative apathy, the citizen cannot be left without a remedy.

Landowners can approach the High Court Division under Article 102 of the Constitution for a Writ of Mandamus. The High Court examines the undisputed historical records (CS, SA, RS) and registered deeds, observes that the petitioner's fundamental right to property under Article 42 is violated, and directly commands the Deputy Commissioner and AC Land to correct the khatian records. For writ strategies, consult our practice overview on Supreme Court writ litigation in Bangladesh.

To illustrate how LST litigation unfolds in practice, consider the following illustrative scenario (composite; names and details changed).

A family in Mirpur, Dhaka, held title to 12 decimals of commercial land continuously owned since the 1962 SA survey and recorded in their father's name in the RS survey. During the final publication of the City Jarip in Dhaka, the family discovered that their entire plot had been recorded under City Khatian No. 892 in the name of an influential local developer who possessed zero title deeds.

The family engaged a Supreme Court land advocate. The advocate immediately obtained certified copies of the CS, SA, and RS Khatians, the original 1958 purchase deed, and 50 years of uninterrupted Dakhila receipts. Within ten months of the final City Jarip gazette publication, the advocate filed an LST Suit before the Dhaka Land Survey Tribunal under Section 145A of the SAT Act 1950.

During trial, the developer failed to produce any registered deed explaining how title passed from the original RS record owners. The Joint District Judge decreed the suit in the family's favor, declaring City Khatian No. 892 void and fraudulent. Pursuant to Section 145B, the certified decree was transmitted to the Deputy Commissioner of Dhaka. Within sixty days, the AC Land Mirpur generated a corrected City Jarip Khatian in the family's name, restoring their market title.

The Land Survey Tribunal is a specialized statutory court established under Section 145A of the State Acquisition and Tenancy Act 1950, presided over by a Joint District Judge, with exclusive jurisdiction to rectify errors in finally published BS and City Jarip Khatians.

Under Section 145A(2) of the SAT Act, the suit must be filed within one year from the date of final publication of the record of rights. The tribunal may extend this period by a maximum of one additional year upon proof of sufficient cause.

No. The AC Land has no judicial power to cancel or correct a finally published BS Khatian. Rectification requires a formal decree from the Land Survey Tribunal or a writ order from the High Court Division.

If the district LST is vacant or not sitting, you can file a Writ Petition before the High Court Division under Article 102 of the Constitution, which can issue mandatory directions to the Deputy Commissioner to correct the record.

You must provide certified copies of the erroneous BS Khatian, the correct historical CS, SA, and RS Khatians, registered title deeds, mutation records, land tax receipts (Dakhila), and field trace maps proving continuous ownership and possession.

Under Section 145B of the SAT Act, a certified copy of the decree is transmitted to the Deputy Commissioner (Collector), who directs the relevant AC Land to correct the master record and issue a corrected Khatian to the decree-holder.

Where a functional Land Survey Tribunal exists, ordinary Assistant Judge civil courts are barred from entertaining suits challenging finally published survey records under Section 145A(5) of the SAT Act.

Yes. An overseas Bangladeshi can execute a Special Power of Attorney attested by the Bangladesh Embassy or High Commission in their country of residence, empowering an advocate or relative to file and conduct the LST case in Bangladesh.