National Land Policy (Draft)-2016
Course ID – URP 397
Course name – Land Economics and Management
Submitted to:
Jobyda Sultana
Lecturer, Department of URP, CUET
Submitted by:
2105005
June 13, 2025
Department of Urban and Regional Planning (URP)
Chittagong University of Engineering & Technology (CUET)
Chattogram – 4349, Bangladesh
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1.1 BACKGROUND
Bangladesh's land policy is deeply shaped by its unique historical, social, and geographical
context. The nation has long grappled with land ownership irregularities, disputes, and
displacement from development projects, issues stemming from colonial legacies, population
growth, and evolving socio-economic dynamics. The original land policy, adopted in 2001, is now
recognized as outdated, inconsistent, and insufficient after 24 years. This necessitates a revision to
align with modern land management and public expectations.
The urgent need for an update is underscored by several factors. Firstly, the current policy falls
short of fulfilling constitutional commitments to land reform and public welfare. Secondly,
practical challenges like inefficiencies and rising land disputes have exposed systemic flaws.
Lastly, changing global and local dynamics, including a greater focus on sustainability, agricultural
protection, and urbanization, demand a modernized approach that the existing policy fails to
provide.
Bangladesh's land administration faces numerous challenges: widespread disputes due to unclear
ownership, unfair displacement from land acquisition, inconsistent records complicating property
rights, and the threat to food security from agricultural land loss due to urban expansion. The
sustainability of land use remains a critical concern for long-term development.
There is broad agreement that the current policy inadequately serves citizens, particularly
regarding equitable access, efficient distribution, and agricultural land protection. The revised
policy aims to establish a more transparent, fair, and sustainable system, notably through
digitalization, to improve land ownership clarity, reduce fraud, and expedite transactions.
Ultimately, this reform seeks to address long-standing issues while adapting to new realities,
ensuring a more sustainable and equitable land system for the people.
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2.1 NATIONAL LAND POLICY
The National Land Policy of Bangladesh is a comprehensive framework designed to regulate and
manage all aspects of land in the country. Its primary goal is to ensure the sustainable and equitable
use of land resources, contributing to national development and social stability.
This policy is crucial for Bangladesh due to several historical and ongoing challenges related to
land. It aims to address issues such as frequent conflicts over land ownership and boundaries,
which are a major problem often leading to social unrest and hampering economic activities. The
policy seeks to establish clear legal frameworks and efficient dispute resolution mechanisms to
mitigate these issues. With a high population density, Bangladesh faces pressure on its limited
land, and the policy aims to optimize land use for agriculture, industry, housing, and infrastructure
development, ensuring that land is utilized in the most productive and environmentally sound
manner. Historically, land records in Bangladesh have been prone to errors and manipulations,
making it difficult to ascertain legitimate ownership, and therefore the policy emphasizes the
modernization and digitization of land records to ensure transparency and accuracy. Providing land
security to all citizens, especially vulnerable groups, is a key objective, which includes protecting
the land rights of farmers, indigenous communities, and marginalized populations. Furthermore,
the policy also considers the environmental impact of land use, promoting practices that conserve
natural resources, protect biodiversity, and mitigate the effects of climate change. In essence, the
National Land Policy seeks to create a more just, transparent, and efficient system for land
administration and management, which is vital for the socio-economic progress and stability of
Bangladesh.
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3.1 POLICY VISION
To ensure the land rights of people from all walks of society and establish a sustainable social and
economic system based on land, the National Land Policy needs to be formulated.
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4.1 POLICY OBJECTIVES
The overall objective of the National Land Policy is to promote social, economic, and
environmental development. Specific objectives include:
(1) Ensuring access to land for all classes of people;
(2) Promoting effective and efficient land use and management systems;
(3) Establishing efficient land administration and management services;
(4) Ensuring land ownership rights for every citizen
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5.1 LAND PRINCIPLES
The National Land Policy will be based on the following fundamental principles:
(1) The land system will consider various competing demands of society;
(2) The land system will effectively address legal complexities and prevent new ones;
(3) Ensuring efficiency, skill, and expertise in land management and administration requires
coordination and inter-agency collaboration;
(4) Protecting the rights and interests of landless, marginalized, and socially disadvantaged groups;
(5) Ensuring environmentally friendly land use and increasing the capacity to prevent land
degradation;
(6) Ensuring equal opportunities for all in the transfer and management of land ownership;
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(7) Developing and implementing comprehensive plans and projects, including land management,
land use, and land zoning, through coordinated efforts of various ministries and departments to
serve the public interest.
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6.1 LAND TENURE CLASSIFICATION
In Bangladesh, due to diverse social, economic, and local reasons, there is intense pressure on land
use by governmental, non-governmental, and private sectors. All land, based on its current use and
ownership structure, will be classified as follows:
6.1.1 Private land- This refers to land owned by any individual or legal entity through purchase,
inheritance, or other legal means.
6.1.2 State Land- State land refers to land directly owned or overseen by the government for public
benefit.
6.1.3 Public Land-Public land refers to all land owned by government and autonomous institutions,
which is used for specific beneficial purposes. For the purpose of implementing development
projects and ensuring effective utilization by government and non-governmental organizations,
public land will be leased.
6.1.4 Community Land- Community land refers to land that is historically used or managed by any
specific social or religious institution within a particular region, or land owned by such institutions.
For the purpose of sustainable development, special measures will be taken to manage and record
the ownership of such community lands, and these institutions will be encouraged to submit their
own records.
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6.2 LAND MANAGEMENT
Land management in Bangladesh faces numerous complex challenges. Current land use is
hampered by the lack of effective legal frameworks and institutional structures for proper land
surveying, record keeping, valuation, and supervision. Furthermore, the land administration and
management systems for agricultural land and surplus land have become ineffective due to a lack
of clear policy and inadequate resources. There is a pressing need for effective measures to prevent
the misuse of land. There is a need for specific guidelines for the efficient use of land.
(a) Private Land Management
The policy aims to provide legal assistance for the protection of private land ownership, security,
and peaceful enjoyment. It will propose amendments to relevant laws and regulations for secure
private land ownership and proper use.
(b) State and Public Land Management
The policy will identify state and public lands as resources for national development, ensuring
their proper acquisition, management, and use. It will also ensure their efficient and social use.
State and public land management, use, supervision, and planning will be carried out through
existing laws and regulations.
(c) Inventory and Custodianship of State Land
The policy will direct the creation of a complete and updated inventory of all state land and its
custodianship. The National Land Policy will include necessary instructions for managing and
safeguarding land acquired or inherited through various processes.
(d) Inventory and Custodianship of Public Land
The policy will direct the creation of an inventory and management of all public land under public
custodianship. It will include necessary instructions for its beneficial use and proper supervision.
(e) Addressing Irregularities in State and Public Land Acquired
The government will adopt effective strategies and action plans to address irregularities and
inefficiencies in the management of state and public lands.
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(f) Legal Framework for Public and State Land Management
The policy will emphasize the need for a legal framework for public and and state land
management, including:
(1) An effective institutional structure for the proper use and management of state and public
lands, including their survey, record-keeping, valuation, and supervision.
(2) Clear policies and regulations for state and public land acquisition and transfer.
(3) Policies and regulations to ensure that land is not left unused.
(4) Transparent procedures for determining appropriate land use and classification.
(5) Prevention of unauthorized use and illegal occupation of state and public lands.
(6) Regulations for the proper use and management of state and public lands, considering
environmental protection.
(g) Community Land Management
This involves the management, supervision, and use of land owned or historically used by specific
social or religious institutions in a particular region. Measures will be taken for the sustainable
development of such community lands, and these institutions will be encouraged to manage and
maintain their own records.
6.3 LAND USE PLANNING
Land use planning in Bangladesh faces significant challenges. A comprehensive land use plan and
a long-term land-based spatial plan will be developed to address these challenges. The policy will
be considered a strategic national document for efficient land use.
6.3.1 Multi-Sectoral Planning Process
A comprehensive and strategic planning process for land use will be adopted, based on its
fundamental principles. This includes ensuring proper land use and integrated land management.
Suitable plans will be developed, considering public participation and necessary inter-agency
cooperation.
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6.3.2 Urban Legal Framework
The government is committed to developing a comprehensive legal framework for urban land use
planning in collaboration with national and local bodies. The land use planning framework
includes: 1) National Land Use Planning, 2) Local Land Use Planning, and 3) Detailed Land Use
Planning.
6.3.3 Planning Standards for Unplanned Areas
For unplanned areas, existing planning standards will be reviewed and improved. Where existing
planning structures are weak, new measures will be taken to bring these areas under proper
planning frameworks.
6.4 RURAL AREAS LAND USE PLANNING
Land use planning for rural areas in Bangladesh is currently undeveloped. To ensure planned rural
land use, it is necessary to formulate appropriate land use plans based on our own rural context. In
both rural and agricultural areas, it is important to prevent unplanned development that could harm
the environment or reduce agricultural productivity. Proper planning is essential to ensure planned
development and improve environmental quality.
Policy Principles:
For the full implementation of rural land use policy, a new legal and implementation framework
for rural land use planning and control will be formulated. This framework will define the
necessary boundaries and structures.
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6.5 ENVIRONMENTAL SUSTAINABILITY
Environmental sustainability, in the context of land, refers to the practice of managing and
protecting land resources to ensure their long-term viability and productivity for current and future
generations. It involves recognizing land as a vital natural resource essential for agriculture,
industry, forestry, human habitation, and all other forms of development. A core aspect of
environmental sustainability is the adoption of appropriate measures to protect land's present and
future use, recognizing its value as an asset. This includes making environmental impact
assessments a mandatory part of land management for all land-related projects. Furthermore, it
involves the conservation of fragile ecosystems, by identifying, protecting, and managing them
while preventing activities that cause harm or indiscriminate use in these areas, including coastal
zones. It also encompasses formulating legal standards for the conservation and restoration of large
water bodies and floodplains. Essentially, environmental sustainability in this context is about
responsible land stewardship to prevent degradation caused by unplanned use, overpopulation, and
indiscriminate resource extraction, ensuring the well-being of both the environment and human
society.
Environmental sustainability is crucial because land is a vital natural resource playing a pivotal
role in Bangladesh's progress. Unplanned land use, overpopulation, and indiscriminate resource
extraction have significantly damaged land resources and caused widespread environmental
degradation, for which the current system of land management and administration is largely
responsible. Increased population pressure and inefficient land utilization, overuse of resources,
and a lack of proper management have led to significant harm to the environment. Therefore,
protecting and conserving this valuable resource is a primary concern. Ensuring environmental
protection through broad public participation, achieved by widely publicizing land use and
environmental protection issues, is essential for gaining public acceptance and active involvement.
Without widespread public awareness, environmental protection, which is a cross-cutting issue,
cannot succeed. The government's initiatives to protect fragile ecosystems, prevent harmful
activities in sensitive areas, and conserve water bodies and floodplains all underscore the
importance of environmental sustainability for maintaining ecological balance and supporting the
nation's long-term development. The joint efforts of the Ministry of Land and the Ministry of
Environment, Forest, and Climate Change to establish environmental public awareness programs
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further highlight its critical role in ensuring widespread public support for environmental
protection and sustainable land use practices.
6.6 LAND ACQUISITION
Land acquisition for public purposes, such as development projects and infrastructure construction,
is a central issue in the government's development philosophy. However, the existing legal
framework and processes for land acquisition are complex and lengthy. This complexity often
leads to significant delays in land acquisition and the implementation of essential development
projects. Furthermore, there is limited scope for arbitrary acquisition by government authorities
and a lack of transparency in the acquisition process. Excessive discretionary power, a lack of
transparency, and inadequate service delivery often result in grievances.
Policy Principles:
(a) Protection from Arbitrary Deprivation of Property Rights
Considering fundamental human rights and legal principles, no one should be arbitrarily deprived
of their right to property. Protection of property rights will be ensured through transparent and
effective legal and administrative means.
(b) Land Acquisition
Land acquisition will be carried out only through legal processes and regulations under
government authority, primarily for the purpose of 'public welfare' and 'public interest.' All land
acquisition must be transparent, efficient, and fair, adhering to appropriate laws and regulations.
The government will take measures to modernize land acquisition processes through land
management and include modern provisions in relevant laws.
(c) Compensation
The government will take measures to amend relevant legal provisions for fair, adequate, timely,
and proper compensation for land acquisition.
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6.7 LAND DATABANK
The increasing population and unplanned urbanization have created immense pressure on land and
land-related resources. The chaotic land management system and lack of coordination among land
departments make proper land administration and management difficult, impacting social stability
and economic progress.
The government will establish a land databank with modern and efficient tools for land information
and records to ensure proper land administration among all land users. A comprehensive list of
essential data will be maintained in the national land databank.
6.8 LAND GRABBING
Land grabbing is one of the most complex problems among all land-related issues in Bangladesh.
The act of land grabbing is often intricately linked with illegal activities both before and after, such
as corruption and manipulation to avoid proper documentation and registration of property rights.
Associated illegal activities further complicate the administration of occupied land, often leading
to prolonged legal and social conflicts. The establishment of injustice has been fueled by the
pursuit of personal gain in both rural and urban areas, meaning that government resources are
being misused to deprive those whose livelihoods depend on land. Existing traditional remedies to
prevent land grabbing have proven ineffective. The scope of land grabbing cases is widespread.
Policy Principles:
(a) The government will adopt a law stating that no individual, private entity, governmental body,
or social/traditional land owner will receive formal recognition of ownership over illegally
acquired land or any existing property on such land.
(b) The law will also stipulate that if a developer has progressively acquired land from an occupier
and then transferred it to another party, this development activity will be considered as having been
carried out as a public welfare initiative. The presumption here is that the land grabber is acting as
a public representative, thereby providing financial compensation to the government for the sale
of the occupied land.
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(c) When a person has acquired land from a land grabber in good faith and is a reckless, desperate
individual who grabbed land for themselves and their family's living, the land grabbing related law
will distinguish them from those who grabbed land purely for commercial gain. In such cases of
illegal land grabbing, the government will implement regularizing measures based on the specified
criteria to ensure secure and permanent arrangements for their genuine claims.
(d) If any individual or institution unlawfully occupies private, government, non-government, or
socially-owned land without legal recognition, or if the government fails to acquire land for public
interest due to any complications, the government will take measures to reclaim such occupied
land and return it to its rightful owner.
(e) When a land developer or private individual develops land for specific purposes and then fails
to deliver it, or misuses the land, the government will take measures to reclaim the land and return
it to its rightful owner or for its intended public use. Similarly, if any developer or private entity
engages in fraud related to land development, the government will take appropriate legal action
against them.
(f) When a person or family becomes landless due to the government's acquisition of their land for
public purposes, the government will take steps to ensure their rehabilitation or compensation.
Moreover, the government will take legal measures to protect landless people from arbitrary
eviction and ensure their safety.
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6.9 COASTAL LAND USE AND PROTECTION
Bangladesh possesses a vast coastal area with immense potential for development, but effective
and proper utilization of coastal land has not yet been ensured. Illegal occupation and uncontrolled
use of coastal land are rampant, leading to its misuse and degradation.
Policy Principles:
(a) Immediate Legal Measure
To ensure proper use and protection of coastal land and islands, the government will formulate and
implement a robust legal framework. This framework will facilitate the recovery of illegally
occupied or misused coastal land and contribute to the national task of protecting coastal resources.
(b) Long Term Strategy
A long-term strategy will be adopted to collect information on various land uses in coastal areas,
including those within 1 kilometer of the coast, and to create a database. This will help in preparing
comprehensive reports, assessing land resources, and making informed decisions on their
sustainable use, including economic, social, environmental, and hydrological aspects.
6.10 CHAR LAND USE AND PROTECTION
According to the 2008 Char Land Use Policy, newly accreted land and land around rivers belong
to the government. This policy has faced practical difficulties in implementation, as char lands
often become suitable for cultivation but their settlement problems remain unresolved. However,
the government can also address the settlement problems of people living around these areas.
Policy Principles:
(a) Rights of Previous Owners
The rights of previous owners to reclaim possession of their land will be preserved within the time
limit specified by law.
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(b) Government Ownership of Alluvium Land
If land emerges from a river or char land forms without any existing owner, or if the land emerges
after a legally defined period following the disappearance of a previous owner, the government
will become the owner of such land. When char land becomes suitable for use, it will primarily be
utilized to address the problems of the landless.
(c) Marking and Identification of Char Land
The Ministry of Land will issue guidelines for the periodic demarcation/drawing and surveying of
newly accreted and existing char lands. To implement these guidelines, the Ministry of Land will
adopt an efficient methodology.
6.11 LAND TRANSFER REGISTRATION
A single standard method for land transfer registration has been proposed in the land information
framework, where clear documentation of land ownership is required. In many cases of land
purchase and sale, a record of ownership is provided, but it does not serve as proof of ownership.
Land record and ownership transfer information is primarily maintained by the Assistant
Commissioner (Land) (AC Land). Currently, there is no single entity responsible for land
registration and record-keeping under the 2008 Land Transfer Act. In many cases, government
entities are involved in land development and registration, leading to conflicts of interest. There is
a need for the government to establish a robust and transparent land registration system, addressing
existing overlapping and fragmented land records and documentation issues.
Policy Principles:
Rationalizing Institutional Set-up for Registration
To ensure proper land transfer registration and effective land record management, the government
will take measures to establish a rational institutional framework. This will involve legally
integrating or administratively unifying the responsibilities of land record-keeping and
registration, aiming for maximum efficiency.
Revising Legal Framework for Land Registration
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The goal is to establish transparent regulations and an administrative framework to facilitate a
smooth land registration process. The proposed legal framework aims to create a single registration
system where all land records are maintained digitally. The revised legal framework will also
include a systematic process for protecting land ownership document
6.12 LAND MARKET
The land market, as described, refers to the system through which land is bought, sold, leased, and
transferred. In Bangladesh's context, the ideal view is that it should not primarily be driven by
speculation or profit-making. Instead, it should facilitate access to land for all citizens, including
the poor and disadvantaged, and protect them from unfair displacement.
Function:
1. Not for Public Benefit: Instead of serving as a mechanism for equitable land distribution,
the current land market is often characterized by activities of "government and private land
speculators." This suggests that powerful entities, rather than the general populace,
frequently control land transactions.
2. Multiple Claims and Disputes: A significant problem is that "a single piece of land might
have multiple claimants." This indicates a lack of clear ownership records and a prevalence
of land disputes, making transactions insecure and complex.
3. Vulnerability of Disadvantaged Groups: The existing land management system is
"inadequate in protecting small farmers and disadvantaged urban residents from market-
driven displacement and eviction." This means that market forces, often manipulated by
powerful actors, can easily lead to the loss of land and livelihoods for vulnerable
populations.
4. Lack of Transparency and Accountability: The text implies that the current system lacks
"transparency and accountability." This suggests that transactions might not be recorded
properly, leading to fraud, corruption, and difficulty in verifying ownership.
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5. Outdated Procedures: Land transaction procedures are described as needing to be
"simplified, speedy, and less complex." This points to a bureaucratic and inefficient system
that hinders fair and timely land transfers.
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