TRW & Co · Land and property
Land Survey Tribunal: How to Correct a Wrong Record of Rights
A land survey tribunal case is the main route for correcting a finally published survey record, usually the BS khatian, that shows the wrong owner, share, dag or area. You must sue within one year of final publication, with a possible extra year. This guide explains the law, Chattogram practice, evidence, appeals and how the tribunal interacts with mutation.
Key pointThe tribunal corrects records but cannot decide title or possession: the High Court Division confirmed in 2025 that it tests BS entries against the SA baseline and that a civil suit for title remains open, so many disputes need both routes.
At a glance
Statutory basis
Section 145A of the State Acquisition and Tenancy Act 1950, added in 2004, creates Land Survey Tribunals for suits arising from final publication of the last revised record.
One-year limit
Suits must be filed within one year of final publication or the tribunal's establishment, whichever is later; a further year is available only if delay is satisfactorily explained.
Appeals to District Judge
Since the 2023 amendment, Land Survey Appellate Tribunals are presided over by District Judges; appeals lie within three months, extendable by three more.
Records, not title
The tribunal can declare a record wrong and order correction, but title and possession disputes belong to the civil courts.
SA record as baseline
The High Court Division has said BS entries should be traceable to the SA khatian; unexplained departures may be declared erroneous.
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The short answer
If the latest finally published survey record (usually the BS khatian) records your land wrongly, a Land Survey Tribunal case is the main legal route to correct it. You file a suit before the Land Survey Tribunal within one year of final publication of the record (or of the tribunal's establishment, if later), with a possible further year if the delay is explained. The tribunal can declare the record wrong and direct its correction. Appeals now lie to a Land Survey Appellate Tribunal presided over by a District Judge.
In Chattogram, where BS records are the operative survey records across much of the district and the new digital survey is under way in the city, these cases are common. The tribunal corrects records; it does not decide who owns the land. Understanding that distinction is the key to choosing the right route.
The legal framework
Chapter XVIIA of the State Acquisition and Tenancy Act 1950
Chapter XVIIA was inserted into the State Acquisition and Tenancy Act 1950 in 2004. Section 145A lets the Government establish Land Survey Tribunals to hear suits arising from the final publication of the last revised record of rights under section 144. The judge is appointed from among Joint District Judges in consultation with the Supreme Court and, pending an appointment, the Government may empower a Joint District Judge to act. Senior Assistant Judges or Assistant Judges may be appointed to decide suits transferred to them.
Limitation
Section 145A allows an aggrieved person to sue within one year of the date of final publication or the date the tribunal was established, whichever is later. The tribunal may admit a suit filed within a further year if it is satisfied with the reasons for the delay. After that, the route is effectively closed.
The Appellate Tribunal
Section 145B provides for Land Survey Appellate Tribunals. An appeal lies within three months of the tribunal's judgment, decree or order, extendable by a further three months for sufficient cause. For years, no Appellate Tribunal was formed because the law required High Court judges. The State Acquisition and Tenancy (Amendment) Act 2023 changed that: the Appellate Tribunal's judge is now drawn from District Judges, and the Government may empower a District Judge to act pending appointment.
Procedure and finality
Under section 145D, the tribunals follow the Code of Civil Procedure in hearing suits and appeals, and section 145E gives finality to their decisions. The High Court Division has held that these tribunals are not civil courts, so a civil revision under section 115 of the Code does not lie against them, and that writ petitions are generally not maintainable where an Appellate Tribunal is available.
What the tribunal can and cannot do
The High Court Division set out the limits clearly in Civil Revision No. 6034 of 2024 (judgment of 20 July 2025). Its main points:
Records, not title
The tribunal's function is to find errors or omissions in the last revised record. It has no jurisdiction to decide title or possession, which remain for the civil courts.
SA record as baseline
The tribunal treats the SA khatian as the baseline. A BS entry that cannot be traced back to the SA record may be declared erroneous.
Khatian is not a title deed
A record of rights carries only a presumption of possession and is not a deed of title, so a corrected khatian does not settle ownership by itself.
Civil suit remains open
Finality under section 145E does not bar a civil suit for declaration of title, possession or partition by a person whose rights are threatened.
The decision also gives practical guidance on evidence: tribunals should rely mainly on affidavit evidence and take oral evidence only in genuinely deserving cases. That makes the quality of the documentary file, and of the affidavits that explain it, more important than in an ordinary civil trial.
This shapes strategy. If your real complaint is that someone else claims ownership, a Land Survey Tribunal case alone will not resolve it; you may need a civil suit as well, or instead.
Which route: AC Land, tribunal or civil court?
| Problem | Usual route | Forum | Notes |
|---|---|---|---|
| Misspelled name, clerical slip in a mutation khatian | Correction application | AC Land | Administrative; supported by documents; a 2021 Ministry of Land circular addresses clerical corrections |
| Error during a survey still in progress | Objection and appeal at survey stages | Survey officers | Cheapest moment to fix; watch for draft publication in the digital survey |
| Wrong owner, share, dag or area in a finally published survey record | Land Survey Tribunal case | Land Survey Tribunal, then Appellate Tribunal | One year from final publication, plus up to one more year with reasons |
| Dispute over ownership or possession | Declaration of title, recovery of possession or partition | Civil court | The tribunal cannot decide title; limitation rules differ |
| Wrong mutation order | Revenue appeal | ADC (Revenue) and above | Short time limits; see the mutation appeal guide |
Our guide to the mutation appeal process covers the revenue route, and our partition suit lawyers handle co-sharer disputes that often sit behind a wrong record.
Step by step: bringing a land survey tribunal case in Chattogram
- Confirm the record and the date. Obtain certified copies of the BS khatian and map, and establish the date of final publication for the mouza. That date drives limitation. Our guide on how to check a khatian online explains the search.
- Trace the chain. Collect certified copies of the SA and RS khatians, CS if relevant, and every deed, decree and mutation linking the SA record to you.
- Assess the error. Decide whether it is clerical (AC Land), a record error (tribunal) or really a title dispute (civil court), or a mix that needs parallel proceedings.
- Draft and file the plaint. The suit usually names the Government, represented through the Deputy Commissioner and the survey authorities, and the persons recorded in the disputed entry. It seeks a declaration that the record is incorrect and a direction to correct it.
- Explain any delay. If filing in the second year, set out the reasons for delay with evidence, because admission is at the tribunal's discretion.
- Evidence and hearing. Evidence is largely documentary and by affidavit, with oral evidence where genuinely needed. Survey maps and certified records do most of the work.
- Judgment and correction. If the suit succeeds, the decree directs the relevant office to correct the record. Follow up with the record office and then with mutation.
- Appeal if needed. Either side may appeal to the Land Survey Appellate Tribunal within three months, with up to three more months for sufficient cause.
Evidence that wins (and loses) these cases
A land survey tribunal case is decided on records. The strongest files show an unbroken line from the SA khatian to the plaintiff: SA entry, registered deeds or inheritance, any decree, mutation khatians and tax receipts. Survey maps comparing dag boundaries across surveys are often decisive in area and boundary disputes.
Weak files rely on possession alone, unregistered documents or oral family history. Those may matter in a civil suit for title, but they rarely persuade a tribunal that the survey record is wrong. Where the survey staff recorded someone else's name without any document, the plaintiff should show precisely what record the surveyors should have followed.
Maps, boundaries and area disputes
Many Chattogram disputes are not about names at all but about where one dag ends and the next begins, or about area that has shifted between neighbouring plots in the latest survey. In these cases the mouza maps from successive surveys are the core evidence. Overlaying the SA or RS map on the BS map, with the help of a qualified surveyor, often shows exactly where the error crept in. Courts can be asked to consider such comparisons, and a clear, well-labelled exhibit is usually more persuasive than pages of oral testimony.
Parties and representation
Every person recorded in the disputed entry, and anyone whose share would change if the record were corrected, should normally be joined. Omitting a necessary party can delay the case or leave the decree vulnerable. Where a recorded person has died, identify the heirs before filing, because substitution problems have historically been a source of delay in these tribunals.
Obtain certified copies early. Record rooms and settlement offices can take time, and a land survey tribunal case filed on photocopies invites delay and objections.
An illustrative scenario
Illustrative only; no real parties. Three siblings inherit land in a Chattogram mouza from their father, who is shown in the SA and RS records. When the BS record is finally published, one dag appears in the name of a neighbour, and the siblings' share elsewhere is shown smaller than in the RS record.
Within the year, they file a land survey tribunal case against the Government and the neighbour, relying on the SA and RS khatians, their father's purchase deed and a comparison of survey maps. The neighbour argues long possession. The tribunal, following the High Court Division's approach, tests the BS entry against the SA baseline and finds no document supporting the neighbour's entry. It declares the record incorrect and directs correction. Because the neighbour also asserts title by possession, the siblings' lawyer advises them to consider a civil suit for declaration of title, since the tribunal's decree does not decide ownership.
Risks and common mistakes
Missing the limitation period
The one-year period runs from final publication (or the tribunal's establishment, if later), not from when you discover the error. Many owners, particularly probashis, first notice a wrong BS record when they try to sell or mutate, by which time the second, discretionary year may also have passed. Check the final publication date for your mouza as soon as the survey is completed, and do not assume the tribunal will excuse a long delay.
Using the tribunal for a title dispute
The tribunal corrects records; it cannot declare title or order possession. Plaintiffs who frame a land survey tribunal case as an ownership claim risk a decree that does not help them, or one later set aside for overreach, as happened in the 2025 High Court Division decision. Where ownership is genuinely disputed, plan a civil suit alongside or after the tribunal case, and take advice on sequencing.
Wrong forum for appeals
Before the Appellate Tribunals were constituted, parties often went to the High Court Division by writ. Now that Appellate Tribunals exist, the High Court Division has held that writs are generally not maintainable and that civil revision under section 115 of the Code does not lie. File the appeal in time before the Appellate Tribunal rather than gambling on a writ.
Not following through after the decree
A decree directing correction does not change the record automatically. The successful party must take the certified decree to the relevant record or land office, ensure the correction is made, and then update the mutation khatian and Land Development Tax holding. Leaving this undone means the old error keeps reappearing in searches and transactions.
Interaction with mutation and the digital survey
Mutation follows the record. While a land survey tribunal case is pending, the AC Land may refuse or defer a mutation that depends on the disputed entry, and buyers' lawyers will flag the pending case. Once the record is corrected, apply for mutation in the ordinary way; see our guide to the namjari process online.
In Chattogram city, the Bangladesh Digital Survey launched in August 2023 will in time produce new records. Owners should check draft publications and use the objection stages within the survey itself, which are faster and cheaper than litigation. Errors that survive to final publication of a new survey may again need the tribunal route, with a fresh limitation clock.
Probashi owners and companies
Owners living abroad are particularly exposed, because survey stages and final publication often pass without their knowledge. A relative or lawyer in Chattogram with a properly attested power of attorney can monitor publication, obtain certified copies and, if needed, file a land survey tribunal case within time. Companies holding land for factories, depots or warehouses should add survey-record checks to their periodic compliance reviews, so that an error is caught while the limitation period is still open.
What to do next
Write down the date of final publication for your mouza and the date one year later. Everything else in a Land Survey Tribunal matter can be prepared over weeks, but a missed limitation date cannot be repaired, and the second year depends entirely on the tribunal accepting your reasons.
- Obtain certified copies of the BS record and map, and the SA and RS records for the same dags.
- Establish the final publication date and calculate limitation.
- Decide whether the problem is clerical, a record error or a title dispute.
- Gather deeds, decrees, mutation khatians and tax receipts that link you to the SA record.
- File within time, and plan any civil suit that may be needed alongside.
- After a decree, follow through with the record office, mutation and tax.
Our khatian correction lawyers and land lawyers at the Chattogram office prepare and conduct tribunal suits and appeals. Contact us at info@trw.co or +880 1779 127165, or visit Room 4022, Annex 2, District and Sessions Judge Court Building, Court Hill (Porir Pahar), Kotwali, Chattogram 4000.
Frequently asked questions
01What is the time limit for a Land Survey Tribunal case?
Under section 145A of the State Acquisition and Tenancy Act 1950, a suit must be filed within one year from the date of final publication of the record of rights or the date the tribunal was established, whichever is later. The tribunal may admit a suit filed within a further year if it is satisfied with the reasons for the delay. Because discovery of the error does not restart the clock, check the final publication date for your mouza promptly.
02Can the Land Survey Tribunal decide who owns the land?
No. The tribunal's role is to decide whether the last revised record of rights is correct and to direct its correction. The High Court Division confirmed in 2025 that it has no jurisdiction to decide title or possession, which belong to the civil courts. If ownership is disputed, you may need a civil suit for declaration of title, possession or partition alongside or after the tribunal case.
03Where do I appeal against a Land Survey Tribunal decision?
Appeals lie to the Land Survey Appellate Tribunal under section 145B, within three months of the judgment, decree or order, with up to three further months if the delay is explained. Following the 2023 amendment, the Appellate Tribunal is presided over by a District Judge. The High Court Division has held that writ petitions are generally not maintainable where this appeal is available.
04Can the AC Land correct my BS khatian instead?
The AC Land can correct clerical errors, such as a misspelled name, on application with supporting documents, and handles mutation khatians. Substantive errors in a finally published survey record, such as the wrong owner, share, dag or area, generally require a Land Survey Tribunal case. If you are unsure which category your error falls into, take advice before the limitation period runs.
05What documents do I need for a Land Survey Tribunal case?
Certified copies of the disputed BS khatian and map, the earlier SA and RS khatians for the same dags, and every deed, decree, warish certificate and mutation that links you to the SA record. Land Development Tax receipts and survey map comparisons help in area and boundary disputes. Order certified copies early, because record rooms and settlement offices can take time to issue them.
06How long does a Land Survey Tribunal case take?
It varies with the tribunal's caseload, the number of parties and whether witnesses are needed. The Act contemplates prompt disposal, and the High Court Division has encouraged tribunals to rely mainly on affidavit evidence. In practice many cases take considerably longer than the statute suggests, and an appeal adds further time, so parties should plan transactions around a pending case.
Sources and official materials
- State Acquisition and Tenancy Act, 1950, section 145A — Land Survey Tribunal, jurisdiction and limitation
- State Acquisition and Tenancy Act, 1950, section 145B — Land Survey Appellate Tribunal and appeal deadlines
- Civil Revision No. 6034 of 2024 (High Court Division, 20 July 2025) — Tribunals are not civil courts; no jurisdiction over title; SA baseline
- Writ Petition No. 10901 of 2022 (High Court Division) — Writ not maintainable once the Appellate Tribunal is formed; 2023 amendment
- Writ Petition No. 12703 of 2022 (High Court Division) — Appellate Tribunal constituted after the 2023 amendment
- Land Survey Tribunal bill report (The Daily Star Bangla) — 2023 amendment making District Judges eligible for the Appellate Tribunal
General information only, current as at 2 November 2026. It is not legal advice and does not create an advocate–client relationship. It reflects the law of Bangladesh unless stated otherwise, and the law, court practice and official fees change frequently. Check current official sources and take advice on the facts of your matter.
