Assignment On

‘Alluvion and Diluvion in

Bangladesh Perspective’
Course Title: Land Laws of Bangladesh(LL.B.-307

Submitted To: Ainun Jariah Wafiquah,Lecturer,

Dep.t Of Law, University Of Chittagong.

Submitted By: Md. Rabiul Hasan, ID: 18501059,

Session: 2017-18, Dep.t Of Law,
University Of Chittagong.
1
ALLUVION AND DILUVION IN BANGLADESH PERSPECTIVE
Md. Rabiul Hasan

Introduction
“There is nothing like an up-to-date map of Bangladesh”
( Mydams 1987)
Bangladesh is called ‘the land of River’.This is rightly stated because this land is
crisscrossed by seven major rivers and more than two hundred other medium and
small sized rivers. The major rivers( The Padma,The Brahmaputra,The Meghna)
originating from the hilly areas of the Himalayas carry soil with water through
Bangladesh. These rivers often become violent ,mostly in times of monsoon, by
hitting the bank & thereby grabbing in itself significant portions of lands nearby the
banks(Diluvion). They also give rise to Alluvial lands(chars).So,the fate of many of the
people of Bangladesh is closely linked with Alluvion(positively) &
Diluvion(negatively).In this writing, I go through step by step the concept of alluvion
and diluvion,legal frameworks regulating alluvion and diluvion, impact of climate
change on alluvion and diluvion, initiatives taken to improve the impact of alluvion
and diluvion by gov.t & NGOs and finally conclusion.

The concept of Alluvion & Diluvion

Alluvion literally means ‘land gained from a river or the sea by the washing up of
sand and earth. Alluvion comes from Alluvio meaning an imperceptible and gradual
deposit of sand and earth from a river or the sea.’1 So, alluvion means gradual &
imperceptible increase of land over a period of time. Diluvion means ‘the
submersion or the washing away of the surface soil by a river or the sea’.2 So, by
diluvion,we mean the taking away of land of banks by the river. The concepts of
alluvion and diluvion are very important in the scenario of Bangladesh and its
people.From the beginning of human inhabitation, People tend to live by the side of
river mainly due to two reasons: I) the river bank offers fertile land on which the
production of crops is of high amount, ii) the trade that follows the river through
transportation. Bangladeshi people are no exception. But, living by the side of river is
of no comfort to the people. “Every year, the rivers claim a significant portion of land
of Bangladesh.ABOUT 2400 Km of the banklines experiences major erosion in a
typical year.”3 “Approximately, 10,000 hectors of land is lost every year due to river
bank erosion & the agricultural land is shrinking by 1%”. 4 But the land gained from
the formation(alluvion) is far less than land lost(diluvion). So, there is a net loss
which is estimated to be approximately $500 million a year. An estimate shows that
nearly 300,000 people take shelters in distant cities, camps etc.5

1
Kabir,L. Land Laws of Bangladesh, Ninth Edition(2013),Ain Prokashon,Dhaka,pp.61,62
2Ibid,p.62
3Chowdhury, Sifatul Quader, in http://en.banglapedia.org/index.php?title=Riverbank_Erosion, accessed on 30
sept. 2020.
4see,https/: dhakatribune.com/climate-change/2017/08/27/report-270m-Bangladeshis-risk-sea-level-rise-2050,
accessed on 30 sept. 2020
5 supra 3
Legal Framework Regul2ating Alluvion & Diluvion
“The changing river climate historically brought up two important factors: i)laws
regulating alluvion and diluvion ii) The lathiyals.”6 As the rivers in Bangladesh
followed no definite course continuously, they gradually claimed in themselves the
lands of the banks and gave rise to alluviated land by accretion. The matter of
alluvion and diluvion gave rise to contention as to the title of alluviated land & also
the consequence of diluvion. Before 1825, the matter was regulated by custom &
usages. But, “the rules of usages were not being generally known, the court of justice
established in the early period of the East India Company ‘s rule found it difficult to
determine the rights of litigant parties claiming ownership of char lands. In this
context, the rules of usage were given statutory shape for the first time by
promulgation of The Bengal Alluvion and Diluvion Regulation, 1825.”7 The
regulation placed in statutory form the already known usages in statuory form &
invented no new rules. According to this regulation, where the usage was a firm one
standing from time immemorial, the disputes were to be regulated by usages(sec. 2).
The regulation also provided for the alluviated lands’ ownership to the person in
whose land the land was annexed.If the river suddenly changed its course by
separating a land which was clearly recognizable, the ownership belonged to the
original owner & if the incremented land was thrown up in navigable land which was
not fordable, the land belonged to the gov.t(sec.4) Later, the Alluvial Lands Act,
1920 was enacted to make provisions for alluvial lands. The act gave to the collector
certain powers regarding alluviated land. The Alluvion & Diluvion Regulation, 1825
& The Alluvial Lands Act,1920 both were repealed after chapter V of The State
Acquisition and Tenancy Act,1950 came into force & its sections 86,86A & 87 now
regulate the matters related to Alluvion & Diluvion. Section 87 says that the land
gained from accession whether from recess of river or sea shall absolutely vest to
the gov.t. When any person loses his/her land through diluvion he is entitled to
abatement of rent as fair and equitable, the record of which shall be recorded & can
be used in case of reformation-in-situ(reformation of land at the same place). If the
land arises within thirty years period after diluvion, the tenure holder or his/her
successor in interest can claim the land so arisen, according to section 86.
But, the real scenario is different, regarding alluviated land(char). From earlier
period, the local influentials & landlords used to grab the charlands whenever they
arose even if they existed only for a short period because of the land’s fertility. The
Lathiyals were maintained by the influentials and they feared not to fight and even
went to the extent of killing.We find stories about the fight of lathiyals and life of
charlands in our literature. The present scenario hasn’t changed much.Research
report says that the local politicians & influentials step in to grab the charland before
gov.t gets possession. They let this out & earn money from the actual landless
people who can be said to have some interests in the newly formed charland
because of their landlessness.

2
6 Zaman,M.Q. “The Social and Political Context of Adjustment to Riverbank Erosion Hazard and Polpulation
Resettlement in Bangladesh” Human Organization, vol.48,no.3,1989,pp.196-205. JSTOR,
www.jstor.org/stable/44196428. Accessed on 30 sept. 2020.

7Hasan, Mohammad Ikbal, A Textbook On Land Law,second edition (2018), Sui Juris, Chattogram.p. 66
Impact of Climate Change on Alluvion & Diluvion
Bangladesh is one of the world’s most vulnerable to climate change and one of the
least prepared.It is observed that the world is getting warmer day by day & the ice of
the Himalayas & Antarctica is getting melted. The melted water of the Himalayas
flow through the major3 rivers of Bangladesh along with heavy water during
monsoon when the rivers take mighty look. Every year, the people on the riverbank
floats on water. The manmade structures such as Barrages,Dams,Bridges are
contributing to the already existing problems.”Climate change is a concern now
affecting everyone of us(Bangladeshis) and Bangladesh is one of the most vulnerable
to its effects.”8 The World Bank estimates that there could be 13 million climate
migrants here(in Bangladesh) halfway through this century.9 So, the concern for
already existing alluvion & diluvion problem is increasing.
Initiatives taken to improve problems created due to Alluvion &
Diluvion & suggestions
Most of the sufferers of diluvion find their future in major cities. To survive, they
have to shift their profession from cultivating to that of rickshaw puller, day labourer
etc. The improvement of the conditions of these people should be a serious concern
for the gov.t. The Gov.t has taken some initiatives to both protect river erosion by
building dams,barrages and to allot the newly formed charlands to the landless
sufferers of diluvion. Some NGOs like BRAC are working for giving shelter & food
support to the victims of river erosion. Inspite of that, these aren’t enough.Most of
the gov.t initiatives follow the river erosion.As Bangladesh is prone to river erosion,
gov.t should be early prepared for the upcoming threats. Gov.t also should recover
the charlands illegally held by land grabbers & allocate them to the actual
stakeholders.
Conclusion
Alluvion and Diluvion is a reality for the people living in Bangladesh. The reality is
getting tough day by day leaving many people landless & at the hand of poverty. We
have to prepare well for these threats by putting our best efforts both at the gov.t
and individual levels. The steps to remedy this harsh reality may be taken at prior to
the effect & after to the effect level. The first one we can do by taking steps to stop
river erosion & creating shelters for the upcoming victims and the latter we can do
through fast rehabilitation of the victims to the shelters & providing them with basic
facilities so that they can continue living which may not be the same as before. To
conclude, the following lines of a famous song is worth-mentioning:
“Nodir ekul vange, Okul gore
Eito nodir khela.
Sokal bela amir re vai,
Fokir sondhabela.”
Kazi Nazrul Islam

3
8supra.4
9see, https/:Thenewhumanitarian.org/Bangladesh-river-erosion-engulfs-homes-climate-change-
migration,accessed on 30 sept. 2020