Land Grabbing and Illegal Possession in Bangladesh: Legal Remedies in 2026

Land grabbing case Bangladesh: the 2026 legal framework

A land grabbing case Bangladesh owners bring in 2026 is fought on three fronts at once: the Executive Magistrate who can restore possession, the criminal court that can punish the grabber, and the civil court that finally decides title. Since the Land Crime Prevention and Remedy Act 2023 and its 2024 Rules, a victim no longer has to choose between a slow title suit and doing nothing: there is a time-limited procedure to get back on the land and a set of land offences carrying up to seven years' imprisonment.

This guide is for owners, buyers and businesses facing a grabber, a forged claimant or an encroaching neighbour. It covers the offences, the Executive Magistrate procedure, section 145 of the Code of Criminal Procedure, Penal Code trespass, police action in Dhaka and how to sequence each step so that one route does not close another.

Summary: A land grabbing case in Bangladesh now has a dedicated statute. The Land Crime Prevention and Remedy Act 2023 makes illegal occupation, dispossession, obstruction, boundary damage, land fraud and land forgery cognizable offences, and section 8 lets a dispossessed occupier apply to the Executive Magistrate for restoration within three months. The Land Crime Prevention and Remedy Rules 2024 set the forms, notices, inquiry timelines and police assistance. Civil suits remain essential for title.

Key point: Speed decides most land grabbing disputes. A person forcibly dispossessed can apply to the Executive Magistrate under section 8 of the 2023 Act, file a cognizable criminal case, and, within six months, sue for possession under section 9 of the Specific Relief Act. But the magistrate route is closed while a civil possession suit on the same land is pending, so the order of filing matters.

At a glance

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Table of Contents

What a land grabbing case Bangladesh law recognises in 2026

"Land grabbing" is not a term of art in any Bangladeshi statute. In practice it covers a stranger fencing an empty plot, a group forcibly evicting an occupier, a co-sharer seizing more than his share, a seller who keeps the price and the land, a fraudster selling with a forged deed or impersonator, a neighbour building over the boundary, and encroachment on khas land. Each engages a different mix of remedies.

The Land Crime Prevention and Remedy Act 2023 (Act No 36 of 2023), which took effect on 18 September 2023, is the first statute built specifically around these problems.[1] Section 3 makes it additional to other laws, so the Penal Code, the Code of Criminal Procedure and the Specific Relief Act continue to apply alongside it.[1]

Why the 2023 Act changed the strategy

Before 2023, a dispossessed owner usually chose between a weak trespass complaint and a civil suit that could run for years. The 2023 Act adds heavier land-specific offences, a fast restoration procedure, compensation powers and a regime for public land. The Land Crime Prevention and Remedy Rules 2024, issued by the Ministry of Land on 24 October 2024 as SRO No 371-Law/2024, now supply the forms, notices and timetables the Act left open.[2]

Civil possession suits, adverse possession and tenant evictions are analysed in our guide to recovery of possession in Bangladesh; mutation challenges and survey tribunals are covered in how to resolve land disputes in Bangladesh. This article concentrates on the land grabbing case itself.

Offences and penalties under the Land Crime Prevention and Remedy Act 2023

The 2023 Act creates two tiers: fraud and forgery in land dealings, and physical interference with land.

Land fraud: section 4

Section 4 treats the following as land fraud when done in connection with transfer, survey, record updating or land management: holding out another person's land as one's own; transferring land while concealing information; transferring more land than one owns, or another person's land without authority; transferring land by impersonating someone or knowingly substituting one person for another; signing or executing a deed containing false statements; and giving false information to an authority. The penalty is imprisonment of up to seven years and a fine.[1]

Land forgery: section 5

Section 5 covers making a false document or part of one, dishonestly making, signing or sealing a document so that it appears to come from someone who did not make it, dishonestly altering a material part of a deed after execution, and dishonestly compelling a person to sign, seal or alter a document. The maximum penalty is again seven years and a fine.[1] "Deed" is defined widely to include bayna deeds, receipts, powers of attorney, maps, khatians and tax receipts: exactly the papers grabbers forge.

Illegal possession and dispossession: section 7

Section 7 is the core land grabbing offence. Under section 7(1), no one may keep land in possession unless he is the owner recorded in the latest khatian prepared or updated under section 143 or 144 of the State Acquisition and Tenancy Act 1950, or has acquired ownership or possession from that owner by inheritance, by a lawfully executed deed, or by a court order. Under section 7(2), no lawful occupier may be dispossessed without a court or authority order, or obstructed from possessing or entering the land. Breach of either is punishable with up to two years' imprisonment and a fine.[1]

A proviso protects genuine claimants: an occupier who acquired land by inheritance or transfer and has filed a suit or proceeding for correction of the record or declaration of title does not commit the section 7 offence.[1]

Refusal to hand over sold land: section 9

Where a buyer has paid the full agreed price and the seller, without reasonable cause, refuses to hand over possession, the seller commits an offence punishable with up to two years' imprisonment and a fine.[1] Buyers now have real leverage beyond a slow specific performance suit.

Damage to boundaries and land: section 10

Section 10 punishes anyone who damages the boundary or boundary marks of land lawfully possessed by another, or does anything that damages that land or the structures, trees or crops on it. The maximum is two years and a fine.[1]

Public land, orders, abettors and companies

Sections 11 to 13 punish occupying, building on, damaging or filling government or public land, and cutting topsoil or dumping sand without permission, each with up to two years and a fine. Disobeying or obstructing a section 8 restoration order is a separate offence with the same maximum (section 15). Abettors face the same punishment as the offender (section 16), repeat offenders face double (section 17), and where a company offends, its owners, directors and officers are personally liable unless they prove lack of knowledge or due diligence (section 18).[1] Developers that clear or fence disputed land should treat this as a board-level risk.

How the criminal land grabbing case Bangladesh courts try is run

Under section 19, every offence under the Act is cognizable, so police can register a case and arrest without a warrant. Fraud and forgery are non-bailable; all other offences are bailable and compoundable.[1]

Which court tries the case

Offences are tried by a first-class Judicial Magistrate or, in metropolitan areas such as Dhaka, a Metropolitan Magistrate. The trial must be completed within 180 days of the court receiving the case.[1]

Compensation and delivery of possession from the criminal court

Under section 20, the trial court may send the matter to the Executive Magistrate where possession should be delivered to the proper person, and may order the offender to compensate anyone who suffered financial loss.[1] The court may also order protection for the complainant and witnesses (section 21).[1]

Offences other than those in sections 4, 5, 15 and 17 can also be tried by a mobile court, subject to inclusion in the schedule to the Mobile Court Act 2009.[1]

Forgery findings go onto the land records

Where a case under the Act or any other law proves that a document was created by fraud or forgery, the court must send its judgment to the Deputy Commissioner and other authorities with a direction to record the finding.[1] Rule 3 of the 2024 Rules makes this operational: officials must keep a register titled "deeds created by forgery", the Deputy Commissioner must direct the Assistant Commissioner (Land) not to carry out mutation or record correction on the basis of that deed, and the District Registrar must direct the Sub-Registrar not to register further transfers in its chain.[2] The grabber's paper title cannot then be laundered through mutation or onward sale.

Restoration of possession by the Executive Magistrate

For most victims, the most valuable part of a land grabbing case Bangladesh law now offers is section 8. A person evicted or dispossessed from land in his possession without an order of a competent court or authority may apply to the Executive Magistrate with jurisdiction to recover possession.[1] The District Magistrate allocates jurisdiction among the district's Executive Magistrates.

What the Act requires

If satisfied that the applicant was dispossessed without lawful process, the Magistrate may order restoration and take the steps needed to carry it out, after hearing both sides and inquiring on the spot. A party who wilfully stays away despite notice cannot stall the order. The application must be disposed of within three months, and officers who fail to cooperate face departmental action.[1]

The pending civil suit bar

Under section 8(7), no action may be taken while a civil suit for recovery of possession of the same land is pending, although that court may, on application or on its own motion, send the case to the Executive Magistrate.[1] An owner already in a civil suit should ask the court to make that referral.

The procedure under rule 6 of the 2024 Rules

The Act originally said that, until rules were made, the Executive Magistrate would follow section 145 of the Code of Criminal Procedure. Rule 6 of the 2024 Rules now prescribes a dedicated procedure:[2]

• Application: made in the form in Appendix 5, with supporting documents, to the Executive Magistrate assigned to the area.
• Document check: copies are verified against originals; a defective application is filed away but may be renewed.
• Show-cause notice: if the application is in order, the respondent is given 15 working days to appear and show cause in writing.
• Local inquiry: an inquiry officer reports within 15 working days, extendable by 15 more, and may use a surveyor. A party aggrieved by the report may ask the Magistrate to inquire personally.
• Hearing: the Magistrate hears the applicant, the respondent, the occupiers of the four adjoining boundaries (chauhaddi) and any other interested person.
• Order: if lawful possession and unlawful dispossession are proved, restoration is ordered, if necessary on the applicant's evidence alone where the respondent ignores the notice.

The Magistrate may also remove illegal structures, seize, attach, appoint a receiver and direct the local police to keep the peace.[2]

Enforcing the restoration order: rule 7

If the respondent does not hand over possession within 15 days of the order, the Executive Magistrate may direct law enforcement agencies to assist. The Assistant Land Officer records the handover in a memorandum. The applicant arranges boundary pillars and a signboard at his own cost, the Magistrate may recover costs from either party, and anyone who obstructs restoration may be prosecuted or dealt with by a mobile court.[2]

Documents to bring

The prescribed forms call for the latest survey khatian; the mutation khatian, DCR and land development tax receipt (dakhila); the transfer deed or, for inherited land, the succession record or registered partition deed; any court order; contact details of each respondent and of two owners or occupiers on each of the four sides; and photographs or video.[2] Owners with gaps in the record should fix them early; our land mutation guide explains how.

Stopping a threatened land grab before it happens

Many grabs start with warnings: men on the plot at night, a stranger's signboard, threats to the caretaker. The 2024 Rules give a preventive remedy for this stage.

Application under rule 5

Where someone attempts or threatens to evict a lawful occupier without a court or authority order, or obstructs possession or entry, the occupier may apply to the assigned Executive Magistrate in the Appendix 1 form.[2] The Magistrate may order the respondent not to evict, threaten or obstruct the applicant, call for his statement and send the Assistant Land Officer to inquire on site.

Final order and the 45-working-day limit

If the applicant proves a right to possession, the order is made final; if not, or if title should first be decided by a civil court, the Magistrate records that and disposes of the case. The proceeding must be completed within 45 working days of the application.[2]

Breach of the peace and arrest

Where the Executive Magistrate considers that a serious breach of the peace is likely and cannot be prevented without detaining someone, the Magistrate may issue a warrant for arrest using the power under section 107(3) of the Code of Criminal Procedure and may direct the local officer in charge to maintain order.[2]

Section 145 CrPC in a land grabbing case Bangladesh claimants bring

Section 145 of the Code of Criminal Procedure 1898 remains available, but it is a peace-keeping tool rather than a land-grabbing remedy.

When the Magistrate can act

A District Magistrate, or an Executive Magistrate specially empowered by the Government, who is satisfied from a police report or other information that a dispute likely to cause a breach of the peace exists concerning land or water or their boundaries, must make a written order stating the grounds and requiring the parties to file written statements of their claims as to actual possession. "Land or water" includes buildings, markets, fisheries, crops or other produce and the rents or profits of such property.[3]

The two-month rule and attachment

The Magistrate decides, without regard to title, who was in possession on the date of the order. If a party was forcibly and wrongfully dispossessed within two months before that date, the Magistrate may treat that party as if still in possession. In an emergency, the property may be attached.[4] The party found in possession receives an order declaring it entitled to possession until evicted in due course of law, and the Magistrate may restore a party forcibly and wrongfully dispossessed.[5]

Section 145 or section 8?

Section 145 depends on a likely breach of the peace and looks back only two months. Section 8 has neither limitation, carries a three-month disposal deadline and is backed by the rule 7 enforcement machinery. For an owner dispossessed some months ago, or facing a quiet occupier, section 8 is usually the better fit. Neither route decides ownership.

Penal Code trespass offences and police complaints

Criminal trespass and house-trespass

Criminal trespass under section 441 is entering property in another's possession with intent to commit an offence or to intimidate, insult or annoy the person in possession, or lawfully entering and then unlawfully remaining with that intent.[6] It is punishable with up to three months' imprisonment, a fine of up to five hundred taka, or both.[7] House-trespass, which is criminal trespass into a building used as a dwelling, place of worship or place for the custody of property, carries up to one year, a fine of up to one thousand taka, or both.[8]

These penalties are modest, so trespass is now usually charged alongside the 2023 Act offences, and with hurt, mischief or intimidation where the facts support them.

FIR, complaint petition or both

Because every offence under the 2023 Act is cognizable, the victim can lodge a first information report at the police station with jurisdiction over the land. If the police refuse, a complaint petition can go to the Judicial Magistrate or, in Dhaka, the Metropolitan Magistrate. Our guides on GD versus FIR in Bangladesh and how to file a criminal case in Bangladesh explain both routes. A GD records threats but does not start a prosecution.

What the police will and will not do

Police arrest and investigate; they do not decide ownership or restore possession. After a wave of forcible occupations in Dhaka in late September 2026, the Detective Branch chief of the Dhaka Metropolitan Police said that, regardless of who the legal owner is, reclaiming possession requires a court case.[12] That is why the Executive Magistrate application under section 8 should run in parallel with any police case: the police case punishes, the magistrate order restores.

Land grabbing cases in Dhaka: what is different

Dhaka combines high land values, fragmented title and organised groups willing to use force. In late September 2026, Dhaka Tribune reported four property attacks in three days, including incidents at the Radda MCH-FP Centre in Mirpur, Chand Udyan Housing in Mohammadpur, Shyamoli Housing in Adabor and a compound at ECB Chattar, with 27 arrests across the four incidents.[12] bdnews24 reported 14 arrests over the Mohammadpur and Adabor attacks; in the Adabor case, the owner's relatives said the house had been seized after 5 August 2024, returned through court proceedings in March 2026 and then attacked again.[13]

Practical lessons from the Dhaka cases

• Protect restored possession. Follow any restoration with boundary marking, a signboard, a caretaker and CCTV.
• Call 999 and document everything. Video, vehicle numbers and names form the core of the FIR and the magistrate application.
• Use the right magistrate. In Dhaka, criminal trials go before Metropolitan Magistrates, while section 8 restoration applications go to the Executive Magistrate assigned by the District Magistrate for the area where the land lies.[1]
• Check the record first. Grabbers often rely on rival khatians, old bayna deeds or powers of attorney. A land ownership verification exercise before you file avoids surprises at the hearing.

When a neighbour builds on your land

Neighbour encroachment is the most common form of land grabbing in towns. It is usually gradual, a few feet at a time, and the neighbour often claims the strip is his.

Step one: establish the boundary

Commission a demarcation survey against the latest survey map and khatian, inviting the neighbour to attend. In a magistrate proceeding, the inquiry officer under the 2024 Rules may also use a surveyor to measure and map the land.[2] Without a clear measurement, both criminal and civil claims stall.

Step two: stop the construction

If building work is ongoing, sue for a permanent and mandatory injunction and apply for a temporary injunction to halt work; our guide to temporary injunctions in Bangladesh explains the tests. Section 55 of the Specific Relief Act lets the court compel the acts needed to undo a breach; its own illustration is a neighbour whose eaves project over the plaintiff's land being ordered to pull them down.[10] A rule 5 application can run alongside where the neighbour also obstructs access.

Step three: decide on criminal action

Removing or damaging boundary marks, or damaging land, structures, trees or crops, is an offence under section 10 of the 2023 Act, and obstruction of possession falls within section 7(2).[1] A complaint is effective against plain bad faith; where the boundary is honestly disputed, the civil court is the better forum.

Many neighbour disputes end in a survey-based settlement: the strip is bought, exchanged by registered deed or cut back by agreement. Record it properly and follow it with mutation so the record matches the ground.

Khas land and government property grabbing

Encroachment on khas land, canals, rivers and other public property is the largest category of land grabbing by area, and the state has its own remedies.

The Deputy Commissioner's powers

Where anyone commits an act within sections 11, 12 or 13 of the 2023 Act, the Deputy Commissioner may order removal of the illegal occupation, structures, obstructions or unlawful fill, and restoration of the land to its former class or nature. Until rules were made, the Act directed the Deputy Commissioner to follow the Government and Local Authority Lands and Buildings (Recovery of Possession) Ordinance 1970.[1]

Rule 8 of the 2024 Rules now requires a show-cause notice in the form in Appendix 10, a hearing, and an order fixing a time for compliance; if the encroacher fails to comply, a criminal case or mobile court can follow, and the Deputy Commissioner may carry out the work and recover the cost as a public demand.[2]

Government policy in 2026

On 31 March 2026, Land Minister Mizanur Rahman Minu told Parliament that the Government had adopted a 180-day priority action plan to recover illegally occupied government land and distribute recovered khas land to eligible beneficiaries, using the 1970 Ordinance, the 2023 Act and the 2024 Rules, with funds allocated to deputy commissioners.[14] Buyers should be wary of any title chain passing through khas land.

A private owner whose land has been wrongly recorded as khas is not a grabber; the remedy lies in record correction, a declaratory suit or, in some cases, writ proceedings. Our land records and khatian correction practice handles these disputes.

Civil remedies that a land grabbing case still needs

Criminal and magistrate routes protect possession; they do not declare title. Serious disputes still end in a civil court.

The six-month summary suit

A person dispossessed of immovable property without consent and otherwise than in due course of law may sue to recover possession regardless of any title the defendant sets up. No appeal or review lies from the decree, and the suit cannot be brought against the Government.[9] The limitation period is six months from dispossession.[11] After that, the owner must sue on title, generally within twelve years.[11] These suits are covered in our guide to recovery of possession in Bangladesh.

Where the grabber relies on a forged deed, the owner usually needs a declaration of title, cancellation of the instrument and an injunction as well as possession. Our real estate disputes practice runs these suits alongside the criminal and magistrate proceedings.

Sequencing the routes

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Mistakes to avoid in a land grabbing case Bangladesh owners file

• Self-help. Retaking the land with hired men invites counter-cases for trespass, hurt and intimidation, turns a clear dispossession into a contested fight over who was in possession, and destroys the owner's credibility before the Magistrate.
• Filing the civil suit first. A pending civil possession suit bars section 8 action on the same land unless the civil court refers the matter.[1]
• Missing six months. Once six months pass from dispossession, the fast summary suit is lost and the owner must prove title.[11]
• Weak records. Applications fail without the latest khatian, mutation record and tax receipts, and section 6(3) of the 2023 Act also bars sale, gift, power of attorney or registration by a person without the latest khatian and proof of up-to-date land development tax.[1]
• Exaggerated criminal complaints. A complaint that overstates the facts or targets relatives in a genuine inheritance dispute is likely to fail and may be quashed. Defendants facing such cases should read our analysis of false accusations in Bangladesh and consider our section 561A quashment practice.
• Not protecting possession after restoration. As the Dhaka cases show, land returned by a court or magistrate can be attacked again.[13]

What to watch in 2026 and beyond

Three developments matter. The khas land recovery drive will test whether the 2023 Act reaches large encroachers, not just small occupiers.[14] The integrated land database required by section 23, linking litigation, mortgage, registration and survey data, should make forged title chains easier to detect.[1] And after the September 2026 attacks in Dhaka, the speed of section 8 decisions will be the real measure of the law.[12]

Every land grabbing case Bangladesh courts and magistrates hear turns on evidence gathered in the first days. If you are facing a grabber or an encroaching neighbour, contact TRW to plan the magistrate, criminal and civil steps together.

Frequently asked questions

What is the main law on land grabbing in Bangladesh?

The Land Crime Prevention and Remedy Act 2023 (Act No 36 of 2023), supported by the Land Crime Prevention and Remedy Rules 2024.[1] [2]

What is the punishment for land grabbing in Bangladesh?

Illegal possession, dispossession or obstruction under section 7 carries up to two years' imprisonment and a fine. Land fraud and land forgery under sections 4 and 5 carry up to seven years and a fine.[1]

How do I file a land grabbing case in Bangladesh?

Lodge an FIR at the police station with jurisdiction, or a complaint petition before the Judicial or Metropolitan Magistrate, because all offences under the 2023 Act are cognizable. To get the land back, apply separately to the Executive Magistrate under section 8 with your khatian, mutation record, tax receipts and deed.[1] [2]

How long does the Executive Magistrate take to restore possession?

The Act requires disposal within three months of the application. Under the 2024 Rules, the respondent has 15 working days to show cause and the inquiry report is due within 15 working days, extendable by 15 more.[1] [2]

Can I apply to the Executive Magistrate if I have already filed a civil suit?

Not while a civil suit for recovery of possession of the same land is pending. The civil court may, however, refer the case to the Executive Magistrate on a party's application or on its own motion.[1]

Is land grabbing a bailable offence?

Illegal possession and dispossession under section 7 is bailable and compoundable. Land fraud and land forgery under sections 4 and 5 are non-bailable.[1]

What can I do if my neighbour builds on my land?

Commission a demarcation survey, then seek a temporary injunction to halt the work and a mandatory injunction to remove the encroachment. Damaging boundary marks is also an offence under section 10 of the 2023 Act.[1] [10]

Is section 145 CrPC still useful against land grabbers?

Sometimes. It requires a dispute likely to cause a breach of the peace and only treats a party as in possession if forcibly dispossessed within two months of the Magistrate's order. Section 8 of the 2023 Act is usually the better restoration route.[3] [4]

What is the time limit to sue for possession after being dispossessed?

Six months from dispossession for the summary suit under section 9 of the Specific Relief Act. After that, the owner must sue on title, generally within twelve years.[9] [11]

Who recovers grabbed khas land?

The Deputy Commissioner, who can order removal of illegal occupation and structures after a show-cause notice under rule 8 of the 2024 Rules. In March 2026 the Government adopted a 180-day plan to recover illegally occupied government land.[2] [14]