Judicial Dictionary - K
Khas land means government owned fallow land, where nobody has property rights. It is land which is deemed to be owned by government and available for allocation according to government priorities. “Khas Land” or “Land in khas possession”, in relation to any person, includes any land let out together with any building standing thereon and necessary adjuncts thereto, otherwise than in perpetuity. [S. 2(15) of the State Acquisition and Tenancy Act, 1950 (E. B. Act XXII of 1951)]
Land with buildings on and let out as “khas land” is retainable as khas land. [Sudhir Chandra Das vs. Hatem Bepari, 20 DLR 627]
Any land which vests in the Government under any of the provisions of this Act shall be absolutely at the disposal of the Government; and the Government shall be competent to make settlement of such land in accordance with such rules as it may make in this behalf or to use or otherwise deal with such land in such manner as it thinks fit. [S. 76 of the State Acquisition and Tenancy Act, 1950 (E. B. Act XXII of 1951)]
In the light of section 76 “khas land” may be described as “land that vests in the Government remains in the ‘Khas possession’ of the Government”. According to Government State Manual 1958, this land gets recorded in the Khatiyan No.1 in the name of the Collector in the Register No. 8. Register No. 8 is preserved in the Bangladesh Form No. 1072 in 4 parts. All khas lands included in the Register 8 are not capable of giving into settlement.
“Fishery” is a non-retainable khas land under section 20 of the SAT Act and it vested absolutely in the Government. Under section 76 of this Act it lies at the disposal of the Government who may either manage it as khas or make settlement thereof in accordance with rules to be made by them. [SMS Samity vs. Bangladesh (39 DLR)
See Sections 76, 77A, 78 of the SAT Act, 1950 and Rule 83 of the State Acquisition Rules, 1951 for settlement of khas land.See also, The Agricultural Khas Land Management and Settlement Policy, 1997 & Non- agricultural Khas Land Management and Settlement Policy, 1995.
|Created On||April 23, 2011, 10:10 AM|