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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.
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