The New Nation - Internet Edition

Staff Reporter

The government is going to promulgate an ordinance for scrutiny and disposal of much-talked-about vested (enemy) properties with a view to returning lands confiscated from the religious minorities under the Vested Property Act, it is learnt.

The new law titled, 'Scrutiny and Disposal of Vested Properties Ordinance-2008' will take the place of Vested Properties Return Act 2001, which was passed during the Awami League government to restore ownership of the lost land to affected families of religious minorities.

The draft ordinance stipulates that land seized under the Vested Property Act, and remaining under the control of the government, must be returned to the original owners or their heirs, as long as they are resident citizens and have not left the country.

The draft ordinance, however, states that the proprietorship status of the vested property will not be challenged if the property was transferred to the government, a government institution, or to a private individual, or has been sold or has been handed over permanently by the government at the directives of a court. It will not even be possible to challenge such cases in court, sources in the Land Ministry said.

Meanwhile, Hindu leaders and human rights bodies have opposed the government move saying it will increase hazards of the deprived people.

In a statement, Bangladesh Hindu, Bouddha and Christian Oikkya Parishad yesterday demanded the implementation of the Vested Properties Return Act 2001.

While talking to The New Nation, General Secretary of the Parishad Prof Nim Chandra Bhowmik alleged that the caretaker government was not transparent to draft the new law. The government also did not discuss the matter with them.

Advocate Subrata Chowdhury, Member Secretary of the Vested Properties Act Resistance Movement, said suffering of the Hindus would mount if the ordinance was promulgated. The new ordinance will allow the government to confiscate more lands from Hindus as it lacks a timeframe for gadget.

In November 2002, with a BNP government in power, the Vested Property Return Bill was amended by the Parliament, allowing the government unlimited time to return vested properties to their owners. In the absence of a specific date for the return, there is no way to monitor that the property is in fact being returned.

Various study reports earlier showed that members of the Hindu community in Bangladesh have lost 26 lakh acres of land from 1965 to 2006 caused by the Enemy (Vested) Property Act.

The price of the land and other moveable properties lost by 12 lakh Hindu families has been estimated at Tk 3,50,412 crore, said a study carried out by economist Prof Abul Barakat.

The government has identified only seven lakh acres of vested land, of which two lakh acres have been leased out and five lakh acres remain under the control of the grabbers.

In the study, Prof Barakat said, "Only five lakh people who were in power grabbed the land. This problem needs an immediate solution."

Nearly two lakh Hindu families have lost 1.22 lakh bighas of land, including their houses, in the six years since the `Vested Property Act' was annulled in 2001 to return property to their original owners.

The study claims that the scrapping of the Act has not ended deprivation of the Hindu community due to `deliberate delay' and `criminalisation of the political economy.'

Political elements, locally influential people in collaboration with the land administration, trickery by land officials and employees themselves, use of force and crookedness, fake documentation, contracted farmers and death or exile of original owners have also been blamed for land grabbing and perpetuation of the `vested properties.'

According to a report of the Land Ministry submitted to a parliamentary standing committee in October 2004, "Total 445,726 acres of vested property out of 643,140 acres ended up in encroachment across the country. "Grabbers gabbled up more than two thirds of vested property as the government lost control over the lands as the custodian and its long-line dithering blocked anti-encroachment efforts," the report said.