Land Boundary Agreement Constitutional Amendment

In its decision of Re: Bérubari and the Exchange of Enclaves (AIR 1960 SC 845), the Constitutional Bank unanimously responded to the view that legislative measures were necessary for the implementation of the agreement and that a constitutional amendment was necessary to implement the provisions concerning both the Berubari Union and the exchange of enclaves. This is a capture situation 22 in which the inhabitants of the enclave want compensation for the damage caused to their country, for which they do not have documents or legal rights by right of review. But the country is their source of livelihood and livelihood. For now, the government needs to speed up the land survey process. With the ratification of the LBA, legal documents are now needed for land held by a resident of the enclave. According to MASUM, the country automatically becomes the property of the state in the absence of such documents. [46] This frightened people, because the only proof of ownership is either the old document of the Zamindares of Rangpur or their word. The country-border agreement was signed on 16 May 1974 between Indira Gandhi and Sheikh Mujibur Rahman, which provided for the exchange of enclaves and the surrender of unfavourable possessions. [17] As part of the agreement, India maintained the Berubari Union Enclave No. 12, while Bangladesh retained the enclaves of Dahagram – Angorpota and India, giving a corridor of 178 meters by 85 × m, called the bigha Tin corridor. Bangladesh quickly ratified the agreement in 1974, but India did not. The issue of the unsupervised land border of about 6.1 kilometers in three areas – Daikhata-56 in West Bengal, Muhuri River-Belonia in Tripura and Lathitila-Dumabari in Assam . The Tin Bigha Corridor was leased in Bangladesh in 1992 under local opposition.

[3] LBA 2015 was signed in Bangladesh on 6 June 2015. [1] The historic agreement facilitated the transfer of 111 enclaves from India to Bangladesh at 17,160.63 hectares. In contrast, India received 51 enclaves, or 7,110.02 hectares in Bangladesh (see annexes 1 and 2). Prior to this historic agreement, the protocol signed in 2011 between Manmohan Singh (India) and Sheikh Hasina (Bangladesh) was agreed, maintaining the status quo in dealing with the issue of unfavourable land holdings, with India receiving 2,777,038 hectares of Land from Bangladesh (see Appendix 3) and transferring 2,267,682 hectares of land to Bangladesh (see Appendix 4). [2] The 2011 Protocol was established in agreement with the governments of Assam, Meghalaya, Tripura and West Bengal, but could not be implemented due to adverse political circumstances. Thus, in 2015, the LBA implements the unresolved problems resulting from the unmarcated land border – about 6.1 km long – in three sectors. B including daikhata-56 (West Bengal), Muhuri River-Belonia (Tripura) and Lathitila-Dumabari (Assam); The exchange of enclaves; and the harmful property that was first dealt with in the 2011 protocol. [3] It is important to note that Bangladesh has gained more territory in exchange for land than India. That is why an amendment to the Constitution must be introduced and adopted by Parliament to allow India to acquire territories and transfer them to Bangladesh. As a result, on 7 May 2013, Foreign Minister Salman Khurshid introduced the 119th Constitutional Review Act. The amendment was rejected by members of Congress Asom Gana Parishad and trinamool. [42]”In the stateless era, now landless. The Hindu, March 29, 2017.

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