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INTERNATIONAL BORDER DISPUTES & ADVERSE-POSSESSIONS OF INDIA-BANGLADESH INTERNATIONAL BORDER WHITE PAPER OF LAND DISPUTE & LAND SWAP DEAL BETWEEN INDIA & BANGLADESH SHIB SHANKAR CHATTERJEE Sir Cyril Radcliff, the English gentleman, who headed the boundary commission during the partition of India in the year, 1947, drew a straight line on a topographic map. As a result of this, hills, rivers, forests, human habitations, agricultural-fields, etcetera of India and Pakistan tragically divided. It affected vastly in Eastern Indian region. That is, especially in India Bangladesh International Border or India Bangladesh International Boundary (IBIB). Earlier Bangladesh was a part of East Bengal (that is, locally called –Purbo Bango or Purbo Bangla, which later renamed as East Pakistan, locally called – Purbo Pakistan [of West Pakistan, known as – Poshchim Pakistan] of present Pakistan State) and then Bangladesh after 16th December, 1971. Still, both the above nations have not done enough to get rid of the ‘ghost of Radcliff’. It is fact that the international boundary demarcation in the Indian Subcontinent cuts across communities and tribes. The three major river systems, the Indus, the Ganges and the Brahmaputra by cutting across the boundary-lines of India, Pakistan and Bangladesh have further exacerbated the tension between them resulting from disputes over the share of water also. This particular above international border shares with /touches the Indian states – Assam, Meghalaya, Tripura, Mizoram and West Bengal. Though, apart from that there are a number of disputes and problems on the India Bangladesh International Border (IBIB), which are still existed. These have occurred mainly due to the very nature of alignment of the international boundary, thickly populated area close to the zero-line of the said international border, non- demarcation of a portion of the international boundary (of about 05.974-kilometre), non ratification of the international boundary and phenomenon’s like ‘Adverse Possession’, ‘Changing of the Course of River’, ‘Char (that is, River Island) land’ and ‘Enclave’, etcetera. Although, the interesting fact is that there are also some places in Indo- Bangla International Boundary, whose occupants are Bangladeshi but are usually govern by the Government of India and vice-versa. For a unique example : ‘Pyrdiwah’ (locally known as, Padua, under East Khashi Hills district of Meghalaya State in Eastern India) is an ‘adverse possession of India in Bangladesh’, while on the other hand, ‘Boraibari’ is an ‘adverse-possession of Bangladesh in India’. Both hamlets are being positioned on Indo-Bangla international border. In the context IBIB, officials of the one of the elite forces of India, Border Security Force of India (BSFI) revealed, “There are various places along the demarcated India-Bangladesh International Border (which is called De-jure border), where the territory falls on the Indian part (which is actually the part of India) but under the occupation of Bangladesh and vice-versa. De-facto border does not coincide with the De-jure boundary. The places have fallen between De-jure and De- facto border is called adverse possessions (see sketch). 1

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INTERNATIONAL BORDER DISPUTES & ADVERSE-POSSESSIONS OF INDIA-BANGLADESH INTERNATIONAL BORDER

WHITE PAPER OF LAND DISPUTE & LAND SWAP DEAL BETWEEN INDIA & BANGLADESHSir Cyril Radcliff, the English gentleman, who headed the boundary commission during the partition of India in the year, 1947, drew a straight line on a topographic map. As a result of this, hills, rivers, forests, human habitations, agricultural-fields, etcetera of India and Pakistan tragically divided. It affected vastly in Eastern Indian region. That is, especially in India Bangladesh International Border or India Bangladesh International Boundary (IBIB). Earlier Bangladesh was a part of East Bengal (that is, locally called Purbo Bango or Purbo Bangla, which later renamed as East Pakistan, locally called Purbo Pakistan [of West Pakistan, known as Poshchim Pakistan] of present Pakistan State) and then Bangladesh after 16th December, 1971. Still, both the above nations have not done enough to get rid of the ghost of Radcliff. It is fact that the international boundary demarcation in the Indian Subcontinent cuts across communities and tribes. The three major river systems, the Indus, the Ganges and the Brahmaputra by cutting across the boundary-lines of India, Pakistan and Bangladesh have further exacerbated the tension between them resulting from disputes over the share of water also. This particular above international border shares with /touches the Indian states Assam, Meghalaya, Tripura, Mizoram and West Bengal. Though, apart from that there are a number of disputes and problems on the India Bangladesh International Border (IBIB), which are still existed. These have occurred mainly due to the very nature of alignment of the international boundary, thickly populated area close to the zero-line of the said international border, nondemarcation of a portion of the international boundary (of about 05.974-kilometre), non ratification of the international boundary and phenomenons like Adverse Possession, Changing of the Course of River, Char (that is, River Island) land and Enclave, etcetera. Although, the interesting fact is that there are also some places in Indo-Bangla International Boundary, whose occupants are Bangladeshi but are usually govern by the Government of India and vice-versa. For a unique example : Pyrdiwah (locally known as, Padua, under East Khashi Hills district of Meghalaya State in Eastern India) is an adverse possession of India in Bangladesh, while on the other hand, Boraibari is an adverse-possession of Bangladesh in India. Both hamlets are being positioned on Indo-Bangla international border. In the context IBIB, officials of the one of the elite forces of India, Border Security Force of India (BSFI) revealed, There are various places along the demarcated India-Bangladesh International Border (which is called De-jure border), where the territory falls on the Indian part (which is actually the part of India) but under the occupation of Bangladesh and vice-versa. De-facto border does not coincide with the De-jure boundary. The places have fallen between De-jure and De-facto border is called adverse possessions (see sketch).Bangladesh Territory Under Adverse Possession of India BANGLADESH

SHIB SHANKAR CHATTERJEE

DE -JURE BDY DE -FACTO BDY

INDIA

As stated by Article 02, 03 and 05 of the India-Bangladesh International (demarcation of) Land Boundary Pact-1974, the lands held by adversely will have to be changed after the above noted pact (that is, international boundary agreement) has not only been okayed and signed (that is, admissible for both the above nations) but also aforesaid international border strip maps are drawn or made properly. Repetition of the condition, because, there have been several examples, where the peoples of Bangladesh and the frontier guard Border Guards of Bangladesh (BGB), which was earlier known as Bangladesh Defence Rifles or Bangladesh Rifles (BDR) also have attempted to take control by force of adverse possessions, which are held by us. But, it is fact that on the other hand, in consent of the international border pact between the above two nations, we havent meddled with our land held adversely by Bangladesh. It is fact that the most important, critical and confusing problems of Indo-Bangla international boundary was the presence of adverse possessions. The plots of land that lie in the aforesaid international border have been cultivating by the peoples, who have been dwelling there since pre-independent period. Therefore, it is very difficult to acquire those stretches of land and build International Barbed Wire Border Fence (IBWBF) and International Border Road (IBR) to prevent incessant illegal influx, smuggling, religious fundamental activities, anti-Indian activities and insurgency. These things are visible in many places of Assam, West-Bengal, Tripura and Meghalaya

(Sketch : Border Security Force of India [BSFI], 1999)

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States of India. But, in these connections, Bangladesh Government referred the accord of 1975 to maintain status quo on adverse possessions and these small gaps, where IBWBF and IBR are unable to build due to insufficient of land (which is below 150-yards or 137-metres), mentioned one of the officials of the Indian National Building Construction Corporation Limited (NBCCL), which is engaged to make the IBWBF and IBR in IBIB at Karimganj district of Indian State, Assam. Supporting the fact, another organization Indian National Project Construction Corporation Limited (NPCCL), which is also involved to construct the IBWBF and IBR in IBIB, pointed out, Therefore, erecting IBWBF and building IBR along the said particular international border areas are difficult problems. It could not be possible to make the IBWBF either depriving the Indian peoples of their respective lands or extricating the Bangladeshi nationals from the illegally occupied Indian lands, which is under adverse possessions of Bangladesh. If it happens, then it can create nothing but bloody tussle. However, in this matter, BSFI officials further stated, We will carry out our duties over coming all the problems. So, that our (that is, Indian) farmers could be allowed to do their duties in their respective plots of land, that is, passages in adverse possessions (at their own risk) through manned International Border Gate (IBG)s. But, the matter was not as simple, easy and clear, as it seems to be. Sentiment of the inhabitants was also a factor to be reckoned here. The peoples were residing on the aforesaid international border (Khashi Tribe people in Meghalaya State, Assamese people in Assam State and Bengali people in West Bengal and Tripura States) desire to maintain their traditional life as they did in the past. When the total length of the aforesaid international border was measured all together, at that time the total amount of adversely held areas by Bangladesh and India was approximately 03,017.160-acres and 02,587.250-acres respectively (however, in this context, a list of Adverse Possessions of above both countries are given below in TableI & Table-II). That means, there were about 52-numbers of piece of land existed, which practically belongs to Bangladesh but actually were in adverse possession of India, while on the other hand, therere about 49-numbers of piece of land, which were practically belonging to India but actually under the adverse possession of Bangladesh. Though, these were small pieces of land varying in size from 05-acres to 500-acres, which was created due to geographical, historical, political, social, cultural or other reasons, but remain in the possession of one country even through by physical demarcation they should be handed over to the other, said experts. On the other hand, another section of socio-political observers stated, India seized 47-numbers of tract of Bangladeshi land in adverse possession, while Bangladesh grabbed 43-numbers of tract of land, which belongs to India. That means, around 02,749.15-acres of land was being in the adverse possession of Bangladesh (in other words, enclaves surrounded by Bangladeshi territory), while India possessed around 02,922.25-acres of land that lie in the adverse-possession. But, Except Adverse Possessions and 03-numbers of major disputed area (Dispute of Daikhata in Berubari Area under Indian State-West Bengal [while the opposite side Nilphamari district of Bangladesh], Dispute of Lathitilla and Dumabaroi {which is locally called Dumabari} Area under Indian State-Assam [while the opposite side Maulvibazar district of Bangladesh] and Dispute of Muhuri River under Indian State-Tripura [while the opposite side Feni district of Bangladesh], with a total 05.974-kilometre out of) 04,096.70-kilometres international border between these two countries is clearly defined, pointed out by the analysts.TABLE-I

AT A GLANCE

MAJOR DISPUTED AREAS BETWEEN INDIA & BANGLADESHSERIAL NUMBER

DISPUTED LAND AREAS

INDIAN SIDE

BANGLADESH SIDE

AREA (In Kilometre)

01. 02. 03. Total

DAIKHATA-BERUBARI

LATHITILLA-DUMABAROI MUHURI RIVER ISLAND Disputed Areas

Coochbehar District of West Bengal State Karimganj District of Assam State South Tripura District of Tripura State

Nilphanmari District Maulvibazar District Feni District

01.500 02.874 01.600/02.00005.974/06.374

(Source : Border Security Force Of India [BSFI], 05th September, 2011)

Earlier, India and Pakistan had already demarcated 03,000 kilometers out of 04,000 kilometers of international boundary in the east before 1971. But, after three years (that is, 1971), an agreement was reached between the then Prime Minister (PM) of India, Indira Gandhi and the then PM of Bangladesh, Sheikh Mujibar Rahman in the year, 1974 (which is popularly known as Indira-Muijib Pact, 16th May, 1974). The aforesaid 1974 accord between the Government of the Peoples Republic of Bangladesh and the Government of the Republic of India concerning the demarcation of the international land boundary between Bangladesh and India and related matters. Out of 04,096.70-kilometers international border area between the above two nations, India and Bangladesh share 02,979.70-kilometres International Land Border (ILB) and 01,116-kilometres International Riverine Boundary (IRB), while both countries share around 54-numbers of river. Presently, almost above two

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countries finished the work of demarcation of 04,096.70-kilometers international border area, except 05.974kilometre (Indian State claimed)/06.374-kilometre (Bangladesh State claimed), which were the chief spots during Partition-1947, Indo-Pak War-1965 as well as the Liberation War-1971 between above two states, India and Pakistan. Not only that above these particular 05.974-kilometre stretches of ILB and IRB territories were used as corridor for imparting training to Mukti-Bahini (that is, Liberation Force) of Bangladesh (under the leadership of Sheikh Mujibar Rahman) to liberate their country Bangladesh during the Freedom Movement of Bangladesh, 1971. After Bangladesh had liberated herself from the cruel clutches of Pakistan with the help of India (that is, Indian Army) and the people of both the nations, India annulled few pacts. These pacts were India-Pakistan Agreement 10th September, 1958, Indo-Pak Treaty 23rd October, 1959 and India-Pakistan Accord 11th January, 1960, which revealed about the settlement on certain international boundary disputes between the Government of India and the Government of Pakistan relating to the boundaries of the Indian States Assam, West Bengal, Tripura (which was earlier recognized as Indian Union Territory) with former East Pakistan (which was part of present Pakistan, but, presently-Bangladesh) and Punjab with earlier West Pakistan (but presentlyPakistan). This intention for imperfect demarcation was short lived for after independence, the Government of Bangladesh turned down the same. The Government of India expressed that the desire for territorial exchange would be only fulfilled, when the entire aforesaid international boundary will properly demarcated. Earlier in 1958, Pundit Jawaharlal Nehru, the then PM of India took initiative to demarcate the boundaryline between India and Pakistan without retardation and so didnt wait for the governmental process to be over in the eastern part of India. As a result, many important places or spots were not given proper importance at the time of making the list, which were termed as the places of Adverse Possession. But, Pundit Nehrus desire for demarcating boundary was at last come into force, when Indian Parliament in the year, 1960 passed the Indian Constitutional Amendment Bill with two-third majority, which helped both India and Pakistan to finalise the international boundary in the West. In the East also the same thing was going to be happened with Pakistan, but unfortunately after the Pakistan lost the battle (that is, War of Liberation, 1971) with India and the creation of a new state Bangladesh under the leadership of Sheikh Mujibar Rahman. With the birth of this new state or country, Bangladesh on 16th December, 1971, the discussion for making permanent international boundary set forth in the year, 1972. The famous Indo-Bangla Treaty of Friendship, Cooperation & Peace, 19th March, 1972, between the two countries was clearing the path for the resolution of all border disputes and exchanging of lands that fell in each others territory. However, during the annual meetings of Indias frontier international border guard BSFI and the Bangladeshs frontier international border force BGB at the level of Director-general, the Bangladesh Government was repeatedly raising this issue. But, the Indias stand was that the BSFI is not competent to take any action, as it was basically a political decision or matter. On the other hand, the BGB had been insisting on that they had the mandate from their government to raise this issue with India. However, Article 4 of the Indo-Bangla (demarcation of land boundary) Accord, 1974, connected the two sides to maintain peace and tranquility on the aforesaid international border and eschewed the use of force for making any changes at the said boundary. Though, in December, 2000, foreign secretary-level talks held in the capital of India, New Delhi took the decision to set up two new Joint working Groups (JWGs). Firstly : To demarcate the contentions 05.974 kilometre international borderline, which remains disputed and Secondly : To go into the question of exchange of territories lies in adverse-possession and enclave (that is, locally called - Chhitmahal). But, ideally, this JWGs a multidisciplinary task force comprising not only diplomats but also officials of the border security agencies, irrigation experts and people specialising in repatriated of disputed settlement. Although, India had already proposed to Bangladesh in December, 1999, when the then Foreign Secretary of Bangladesh, Shafi Sami, came to India to discuss for setting up of a JWG about the above international border, while it was finalised in February, 2001. However, the discussion of making new map for the area having controversy was set about. It was regarding to offer options to those Indian (family and people)s of Bangladesh (whore living in the Bangladeshi soil in Adverse Possessions and Enclaves) either to stay in Bangladesh or to return to India; even, those peoples would also be allowed to carryout agriculture activities too. On the other hand, similar facilities or provisions were also given to Bangladeshis, whore living in Indian soil (that is, Adverse Possessions and Enclaves). Further, there was another option to remake Radcliff line to enable the adverse-possession areas was included in either of the countries in a give and take mutual agreement of the said two states and perhaps, this was going to take place between the aforesaid two nations by 06th September, 2011 to 07th September, 2011 at the capital of Bangladesh, Dhaka, during the visit of Indian PM, Dr. Manmohan Singh. Nevertheless, scholars claimed, The chief cause of the displeasure between the two states regarding adverse-possession was in 1947, when Sir Cyril Radcliff, the British Engineer, who was apportioned and assigned the work of demarcating the boundary between the two new independent countries India and Pakistan, which as a result of this, (his) quick injudicious task of legacy left behind a clash between two states till today to pay a heavy price. But, presently, the main agreement relating to the India-Bangladesh international border was the IndiraMuijib Pact, 16th May, 1974, between the India and Bangladesh concerning the demarcation of the international

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land boundary between Bangladesh and India and related matters. Article 02 of this pact envisaged that all the areas in adverse possession of each country would be measured and demarcated at the earliest.TABLE-II

STATE & DISTRICT WISE LIST OF ADVERSE POSSESSIONS UNDER BANGLADESH & INDIA

AT A GLANCE

BANGLADESH LAND UNDER ADVERSE POSSESSION OF INDIASERIAL NUMBER 01. 02. 03. 04. 05. TOTAL LOCATION PALANGIR HAT CHANDAN NAGAR DURGA NAGAR MARANDIPARA BELCHERA TRIPURA STATE (INDIA) INTERNATIONAL BORDER PILLAR NUMBER 1995/3-S to 1995/4-S 1904 to 1905 1963/8-S to 1963/21-S 1964/13-S to 1964/17-S 1969/1-S to 1969/3-S 1968/6-S to 1968/8-S 1995/3-S to 1968/8-S INTERNATIONAL BORDER PILLAR NUMBER 1354/2-S to 1355 1354/2-S to 1355 INTERNATIONAL BORDER PILLAR NUMBER 1264/4-S to 1265/4-S 1265/6-S to 1265/9-S 1266/11-S to 1267/2-S 1267/6-T to 1268/4-S 1270 to 1271/7-S 1275/1-S to 1275/9-S 1277/2-S to 1277/4-S 1277/9-S to 1277/14-S 1278/1-S to 1279/3-S 1280/4-S to 1282 1282 to 1282/2-S 1283 to 1283/4-S 1284/1-S to 1285/2-T 1264/4-S to 1285/2-T INTERNATIONAL BORDER PILLAR NUMBER 378/2-S to 379/M 380/M to 382/2-S Near IBPN 386/1-S 387/3-S to 388/1-S Near IBPN 392/3-S Near IBPN 388/7-S 402/3-S to 404/4-S Near IBPN 772/MP IBPs not existing 753/6-S to 754/2-S 769/M to 772/M 61/3-S to 61/5-S 81/M to 82/12-R 80/12-R to 81/M 78/M to 80/12-R 242/20-R to 243/M 243/M to 243/8-S 243/2-S to 243/8-S 240/9-R to 242/20-R 240/9-R to 242/M TOTAL AREA (In Acres) 000.350 140.050 020.000 001.500 161.900 TOTAL AREA (In Acres) 007.000 007.000 TOTAL AREA (In Acres) 011.000 011.000 014.000 320.000 003.600 010.000 007.300 041.800 042.900 013.800 021.100 053.300 549.800 DISTRICT CACHAR DISTRICTTRIPURA (WEST)

DHALAITRIPURA (WEST) TRIPURA (WEST) TRIPURA (WEST)

SERIAL NUMBER 06. TOTAL

LOCATION HARI NAGAR ASSAM STATE (INDIA)

SERIAL NUMBER 07. 08. 09. 10. 11. 12. 13. 14. 15. 16. 17. 18. TOTAL

LOCATION LYNGKHAT-I LYNGKHAT LYNGKHAT-II KURINALA PYRDWAH TAMABIL NALJURI-I NALJURI-II NALJURI-III RONGKHONG AMKI AMJALONG MUKTAPUR MEGHALAYA STATE (INDIA)

DISTRICT KHASI HILLS (EAST) KHASI HILLS (EAST) KHASI HILLS (EAST) KHASI HILLS (WEST) JAINTIA HILLS JAINTIA HILLS JAINTIA HILLS JAINTIA HILLS JAINTIA HILLS JAINTIA HILLS JAINTIA HILLS JAINTIA HILLS

SERIAL NUMBER 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38.

LOCATION CHAKLAGARH BARABILLA SATVITA BARAGHARIA DANGAPARA HATHKHOLA KUMARGACH MANIKGANJ CHILLAHATI BERUBARI (KHUDIPARA) SATKURA NONAGANJ CHANDPUR BIJOYPUR/HALDARPARA GEDE BATTALI SAPMARI LAXMINARAYAN PUR KHUTADAH/BATTOLI HARIPAL

TOTAL AREA (In Acres) 060.000 016.000 060.000 020.000 005.000 002.000 012.500 074.440 454.440 028.930 628.900 020.000 005.600 002.150 021.610 005.730 001.070 024.190 004.480 008.980

DISTRICT DINAJPUR DINAJPUR DINAJPUR DINAJPUR DINAJPUR DINAJPUR DINAJPUR JALPAIGURI JALPAIGURI JALPAIGURI JALPAIGURI NADIA NADIA NADIA NADIA MALDA MALDA MALDA MALDA MALDA

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39. TOTAL

SONEGHAT WEST BENGAL STATE (INDIA)

240/M to 240/9-R 239/13-R to 240/M 378/2-S to 240/MTABLE-III

001.050 01,437.600

MALDA

(Source : Border Security Force of India [BSFI], 1999)

AT A GLANCE

STATE & DISTRICT WISE LIST OF ADVERSE POSSESSIONS UNDER BANGLADESH & INDIA

INDIAN LAND UNDER ADVERSE POSSESSION OF BANGLADESHSERIAL NUMBER 01. TOTAL LOCATION RANGAMURA TRIPURA STATE (INDIA) INTERNATIONAL BORDER PILLAR NUMBER 1996/42 to 1996/43-S 1996/42 to 1996/43-S TOTAL AREA (In Acres) 000.170 000.170 DISTRICT TRIPURA (WEST)

SERIAL NUMBER 02. 03. 04. 05. 06. 07. 08. 09. 10. 11. 12. 13. 14. 15. TOTAL

LOCATION AKASHMALIK (NATHPUR) RASULPUR (PIRA NAGAR) KASHKHANAKPUR (LIVERPOTTA) BIABILL (LIVERPOTTA) MIAGUL (CHANDINAGAR) SER ALI PUR & UTTARKUL (HARINAGAR) BERATHAKURI (HARINAGAR) PALLATHAL (MADANPUR) BORAIBARI LUBHACHERA BALICHERA (LUBHACHERA) NUTANCHERA (NUNCHERA) LAHILLING BORO HILLS ASSAM STATE (INDIA)

INTERNATIONAL BORDER PILLAR NUMBER 1341/2-S to 1341/7-S 1345/2-S to 1347 1347/11-S to 1348/5-S 1350/9-T to 1351 1352/7-S to 1352/9-S 1352/10-S to 1352/12-S 1352/16-S to 1353 1353 to 1354 1354/M to 1354/7-S 1369 to 1372 1066/3-S to 1067/5-S 1318/1-S to 1318/2-S 1315/15-S to 1316/3-S 1316/6-S to 1316/13-S 1317 to 1317/7-S 1269/40-T to 1270 1341/7-S to 1269/40-T INTERNATIONAL BORDER PILLAR NUMBER 372/6-S to 372/7-S 382/1-S to 382/2-S 383/M to 385/M Near IBP Number 381 402/M to 402/3-S IBPs not available IBPs not available 929/9-S to 929/10-S 929/10-S to 930/M 930/1-S to ---------154/5-S to 157/1-S 152/2-S to 153/1-S 150/4-S to 151/1-S 149/3-S to 150/M 147/5-S to 147/6-S 147/7-S to 148/M 242/7-R to 242/10-R 372/7-S to 242/7-R

TOTAL AREA (In Acres) 007.400 009.300 017.600 005.500 007.100 110.900 019.600 384.510 191.440 009.600 004.400 007.400 016.200 000.150 791.100

DISTRICT CACHAR CACHAR CACHAR CACHAR CACHAR CACHAR CACHAR KARIMGANJ DHUBRI CACHAR CACHAR CACHAR CACHARKHASHI HILLS(EAST)

SERIAL NUMBER 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. TOTAL

LOCATION SRIPUR SONAMATI BELAGACHI DINGAPARA KUMARGACH AMAR KHANA BARASHASHI NARAYANGANJ KHARIJA HARIDAS HARIDAS KUMAR KARIMPUR CHARLAND (MADHUGURI) NARSHARIPARA BALIASHISHA NEW SIKARPUR NEW SIKARPUR CHARBORIAPUR KHUTADAH WEST BENGAL STATE (INDIA)

TOTAL AREA (In Acres) 093.000 021.000 017.000 001.740 004.500 063.150 023.700 001.500 01, BIGHA 02, BIGHA 01,376.880 384.000 001.100 033.000 017.360 018.300 001.000 02,062.230

DISTRICT DINAJPUR DINAJPUR DINAJPUR DINAJPUR DINAJPUR JALPAIGURI JALPAIGURI COOCHBEHAR COOCHBEHAR COOCHBEHAR NADIA NADIA NADIA NADIA NADIA NADIA NADIA

Earlier, in this context, while Bangladesh ratified the Indira-Mujib agreement, 1974 in their Bangladesh Jatio Sangshad (that is, National Parliament of Bangladesh), in the year, 1975; but, it is yet to be ratified by India in her parliament. The Ministry of External Affairs, Government of India was of opinion that the ratification by Bangladesh is conditional to the entire border being demarcated and India will ratify the treaty only, when (once) the process is completed.

(Source : Border Security Force of India [BSFI], 1999)

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Following this, this time, the areas in adverse possession and 05.974-kilometres ILB and IRB stretches would be finally exchanged after the ratification of the deals in the parliaments of both the nations (that is, In Bangladesh, Bangladesh Jatio Sangshad and in India, Indian Parliament). Though, on these particular issues there was a pact was signed between the aforesaid two nations on 07th September, 2011 at Dhaka, the capital of Bangladesh by the two premiers Sheikh Hasina Wazed of Bangladesh and Dr. Manmohan Singh of India. But, whatever may the facts, the true cause of delay in the work of demarcating the above international boundary between India-Bangladesh have had fear of losing vote-bank as well as the indifferent attitudes of Congress (I) led Indian Government and nothing else. Actually, the India-Bangladesh International Border is a peculiar one. It is also fact that this particular international border has been divided the natural boundaries like forests, hills, rivers, social, economical and cultural boundaries like human habitations, agricultural fields and religious places, etcetera. But, it is an impossible task to seal the aforesaid international border, because the territory has some kind of porosity are always be there. Over and above, therere some parts in the IBWBF that stands just on the said international boundary, which cant be fenced as the terrain is either riverine or has thick vegetation, said the former Director General (DG) of Border Security Force of India (BSFI), Ashim Kumar Mitra at a press conference at New Delhi, the capital of India on 07th October, 2006. Yet, the Government of India had given order to the agencies like BSFI to go-ahead to erect the IBWBF within 150-yards of the zero line of places, where human habitation couldnt exist or didnt allow leaving the space for it. Later on, when the Indian Union Home Ministry had instituted scrutinisation on the works related to the creation of IBWBF that required leaving 150-yards (that is, 137-metres) of land from the actual zero-point, some unwanted situations or chaos or problems created by the IBV peoples of both sides. It led Indian to loss vast land areas in and around the entire above India-Bangladesh international border. It was at this juncture; the Government of India took a decision and issued a directive that the above IBWBF be constructed from the zero-point. But, Bangladesh said that they were unwilling to under take any construction or erection within the 137-metres from the actual international boundary zero-point. Presently, almost entire India and Bangladesh international border demarcation has completed including 05.974/06.374-kilometre, which is fallen in the area of Indian States Assam, West Bengal and Tripura respectively. That is, 02.874-kilometre area in Assam as well as 01.500-kilometre in West Bengal and 01.600kilometre in Tripura. Since the years 1947 and afterward (or 1971), out of 04,096.70-kilometres Indo-Bangla international boundary, these above three most disputed patches (which comprises 05.974-kilometre) of areas, always created a vulnerable situations, like conflict (most of the time) between the aforesaid two respective neighbouring countries. These three vulnerable or most disputed areas were Firstly : Area of Muhuri Char (River) under Belonia Sub-division of South Tripura district in Tripura State of India, which lies on Indo-Bangla international border. Here, the disputes persisted at least in 01.600-kilometre area of this riverside, where Bangladesh insisted in keeping the river completely under their territory. For the villagers and fishermen the riverbed is important for their survival and so, it created the bone of contention for both sides. But, Sir Cyril Radcliff Line, 1947 and the Indira-Mujib Pact, 16th May, 1974, said that the international border should be at midpoint of the river. Secondly : Area of International Border Village (IBV)s Lathitilla and Dumabaroi under Patharkandi Block in Karimganj district of Indian State, Assam that lies on Indo-Bangla international boundary. Here, the disputes persisted at least in 02.874-kilometre area. The villagers of these above IBVs had been paying tax to Indian Assam State Government regularly out of coercion. The astonishing fact was that the original map or diagram (which was prepared during British period) was reportedly missing and henceforth or from that time onward no permanent decision could be taken (here). The Indian Government had been emphasizing repeatedly that the Government of Bangladesh must show the original one, likely to be kept in the archives of district headquarter Sylhet of Bangladesh. Thirdly : Area of Daikhata under Boda Police Station of Panchagarh district in Rajsahi Division of Bangladesh (just opposite side Coochbehar district of Indian State, West-Bengal) lies on Indo-Bangla international border and here the disputes persist at least in 01.500-kilometres area. The root cause of the dispute in this particular spot was the change of a small river course. International Border Disputes : According to the officials of the International Border Force (BSFI), The territorial disputes generally occur because of tempering or attempts to tamper with existing boundary, which occur due to some natural or human consequences. Natural Causes Generally arises in riverine areas, where International Border Pillar (IBP)s either get up-rooted or eroded or washed away. Human causes Practically arises due to deliberate efforts to nibble or encroach upon the established boundary. But, historically, the boundary disputes occur for various causes : Firstly : Territorial Boundary Disputes & Positional Boundary Disputes Generally or outwardly it may appears to be the same. But, it is not that every territorial claim means nothing but a boundary difference. It is between, what it is and what it will be. That is the line or land claimed and the line or land held to be claimed. It occurs due to the land claimed has a singularity of its own and the title of it is proved by the acts that involve with the areas as a whole. The limits of the area can easily be identified only when its status is settled. Further, the dispute appears because of the attractiveness of the area or a piece of land, which has an alluring attractive power. But, there

6

is no such matter with regard to positional dispute and the title to it can be proved by locating the boundary line only. Secondly : Functional Boundary Disputes These arise, when one country believes that it has been adversely and unfairly affected by the functions of a neighbouring country along the boundary, that is, blocking of passage of ships through an area. Thirdly : Resource Development Disputes These disputes are often occurred due to the utilization of resources of the border areas. The most common of it is the problem of sharing of waters of a river flowing from one country to another. Fourthly : Disputes Due To Maps It is a fact that the boundaries are marked on the maps. In case they are not, there may be an effort to use the fact as evidence that no boundary existed. The scale of the map is also important and maps rapidly decline in usefulness as the scale is reduced. However, accuracy of the maps is also very important. The scale, accuracy and the accuracy with which a line is drawn on the map are all important to avoid disputes. Maps are regarded as strong evidence of what they purport to portray. They may be termed and treated as admissions, considered as binding, and said to possess a force of their own. Fifthly : Disputes Due To Changing River Courses In fact, there are several places on the IndiaBangladesh international border, where the international border between the above two countries is taken along the mid-stream of the river. The land that comes up due to change in the course of the river is called River Island (locally known as, Char or Char-land) and this particular char-lands are caused of disputes along the international boundary as it emerges on the side of the territory of either of the country depending upon the direction of the change of the course. The boundary being midstream of the river, a close watch has to be kept on the emergence of these char-lands failing, which claims and counter claims start as the civilians start cultivating this land immediately on its emergence (See details about Char and Char-land in earlier story Saga Of Char Lifeline in Brahmaputra Valley : A STORY OF VANISHING ISLAND IN NORTH-EAST INDIA). In this context in can be mentioned here that apart from above these disputes another new dispute arose between the two countries was New Moore Island or New Talpatty Island, which was claimed by both the countries (like over New Muhury, few years ago) in the Bay of Bengal Sea, where India and Bangladesh shares the international (sea) maritime border. Nevertheless, the aforesaid international border that lies in between India and Bangladesh was never free from dispute, rather this particular international boundary was braided by a lot of disputes, except 05.974-kilometre areas in the above three (Indian States Assam, West Bengal and Tripura) different sectors. However, the said international boundary had not yet been consented and the disputes between above two nations were of various types and of dimensions. MAJOR DISPUTES ALONG INDIA-BANGLADESH INTERNATONAL BORDERINCONCEIVABLE TRUTH INDIAN PEASANTS PAY TAX BUT BANGLADESHI FARMERS GET OWNERSHIP : SECRET DOSSIER OF LAND DISPUTE BETWEEN INDIA & BANGLADESH

Karimganj is one of the most important district headquarter towns of eastern Indian State, Assam, which lies on the international border between India and Bangladesh. Patharkandi Block area is one of the key Block areas of the said Karimganj district, which also lies on the said international boundary and this is why, this particular Patharkandi Block part is always a significant pointy of discussion; specially, among the inhabitants of 04-numbers of International Border Village (IBV) like Karkhana Pathini (known as : Karkhana Putni-RH-1621), Baro Pathini (known as : Baro Putni-RH-1622), Lathitilla (RH-4727) and Dumabaroi, which is called Dumabari (RH-1725) and a Tea Estate (TE) Pathini TE (known as : Putni TE) or Pathini Tea Garden (known as : Putni Tea Garden-RH2521), which are located in the said international bordering area. The total land area of the aforementioned IBVs is 01,355.160-acres. Apart from this, There are 04-numbers of villages are existed in the Pathini TE. These are Pathini, Shollofut (that is, Sixteen Feet), Champabari, Chengmari and Piplagul, where the above tea garden labourers are lived. But, abovementioned 04-numbers of IBV are not existed within the aforesaid Pathini TE, but have situated adjacent to the said TE. In the year, 1923, Patharia Forest area, which is under Madanpur-Pallathal Tea-Estates, got reorganized as Reserve Forest. Around 04-Hectares land area of this particular forest area was illegally occupied by the Bangladesh and the areas were illegally used by the Bangladeshi nationals for their Paan (that is, Betel or Betel-leaf) cultivation. And this is why, the entire areas of the said Patharia Forest area of Madanpur-Pallathal Tea-Estates was illegally demanded by the Government of Bangladesh. But, Government of India totally denied the same or to hand over the areas, stated the Deputy Commissioner or Deputy Collector or District Collector (DC)s of the Karimganj district. But, the point is that Since the year, 1947, the above 01,355.160-acres of land was always under the constant threat of earlier East Bengal (that is, locally called Purbo Bango or Purbo Bangla, which later renamed as East Pakistan, locally called Purbo Pakistan [of West Pakistan, known as Poshchim Pakistan] of present Pakistan State) and then Bangladesh (that is, after 16th December, 1971) in various ways. Not only that aforementioned 01,355.160-acres (that is, 751-Bigha 38-Katha 20-Lechha) of land, which covers Lathitilla (365-Bigha 14-Katha 15-Lechha) 000.000-acres, Dumabaroi (229-Bigha 00-Katha 00-

7

Lechha) 126.750-acres, Baro Pathini (119-Bigha 06-Katha 00-Lechha) 767.960-acres and Karkhana Pathini (38Bigha 18-Katha 05-Lechha) 460.450-acres, have fallen in Indian side, while similarly in Bangladesh side, Lathitilla 120.250-acres, Dumabaroi 75.700-acres, Baro Pathini 39.440-acres and Karkhana Pathini 12.870-acres, which comprises about (750-Bigha 19-Katha 04-Lechha) 248.260-acres of land have existed. On the other hand, in Pathini TE areas Pathini TE alone-49.390-acres and Pathini Reserve Forest area09.890-acres (which comprises 05,358.980-acres) of land are existed respectively. These above figures (Indian side, Bangladesh side and Pathini TE) have been mentioned or showed or recorded in the records of Director of Land Record & Survey, Government of Assam State, Indias recent reports, stated the circle officer of Patharkandi Circle Office of Karimganj district, M. A. Lashkar on 27th August, 2011. (See Table-I) In this context, it can be also mentioned here that Earlier according to our records of the Land & Revenue Survey, Government of Assam State, India, since 1947 and 1965 (that is, just before the Indo-Pak War, 1965), the total land areas of Pathini TE under Tea Trading Corporation of India (TTCI) or Tea Trading Corporation of India Limited (TTCIL) was 05,867.369-acres (that is, 02,374.439-hectare), which was one of the Government of India (Ministry of Commerce & Industry)s institution or establishment. It had a vast plot of land and comprising (above noted 04-numbers of IBV, tea-estate and its adjoining reserve-forest areas), related on of the officials of DC office of Karimganj district, who doesnt want to disclose his name. However, the most astonishing and conflicting points were that as per D. M. Group, formerly known as the Mantri Group, Kolkata, West Bengal State, India, The earlier records of the Pathini TE confirmed, the exact total grant area of the Pathini TE was 17,698-Bigha 13-Katha 09-Lechha. But, during the year 1962-1963, when the Government of West Pakistan had illegally occupied or controlled around 438-Bigha 01-Katha 13-Lechha of the said TE, at that time the then manager of the above tea-garden informed the above fact to the then Deputy Commissioner or Deputy Collector or District Collector (DC)s of the then Cachar District (which later divided into four parts of district Cachar, North Cachar Hills, Karimagnaj and Hailakandi) of Indian State, Assam in a written letter dated 11th May, 1967 after visited the entire tea-garden and enquired the matter thoroughly. On the other hand, the records of Tea Board of India (TBI), Licensing Department (List of New Registration of Tea Estate during the period of 01-01-1900 to 30-06-2010) dated 08th September, 2010, showed, the land area of the above Pathini TE is 02,374.439-hectares, which is Grant Area (apart from Grant Area, Applied Area for Plantation 857.200-hectares) and the Registration Number is 2629, dated 06th December, 1976, under Mantri Tea Company Private Limited (as per File Number 182/LC). Not only that the records also indicated that the above tea-garden, once a lush estate on the IndoBangladesh international boundary was sold by its original owner Octavias Steel and Company to the TTCI in the year-1975. After that the Mantri group (which was formed in the year 1948 by Govind Prasad Mantri) acquired the above Pathini TE on 29th August, 2006, in the name of Vijaya Shree TE from TTCI. Earlier it is fact that the said teagarden was deemed owner-less post the partition of India in the year, 1947, and was afterward nationalised and entrusted to the TTCI. The aforesaid tea-garden was amongst the largest grant areas of about 02,374.44-hectares available for tea-cultivation. But, most sorrowful matter is that for more than a decade and a half, from the early 1990s, the above tea-estate was in a state of shocking neglect. Later, the entire infrastructure of the said tea-garden was in a state of devastate at the time of the takeover. Since then, a plantation development program had been undertaken to revitalize and restore the 857.20-hectares, which were originally under tea cultivation.Table-I

At A Glance

ACTUAL POSITION & FIGURES OF LATHITILLA-DUMABAROISERIAL NUMBER

NAME OF THE INTERNATIONAL BORDER VILLAGE (IBV)

FROM INTERNATIONAL BORDER PILLAR NUMBER (IBPN)

TOTAL LAND AREA (In Acre)

LAND AREA OF INDIAN SIDE (In Acre)

LAND AREA OF BANGLADESH SIDE (In Acre)

FAMILY LIVED & AFFECTED (In Number)

01.

Madanpur Tea Estate (India)-Pallathal Tea Estate (Bangladesh) Area Patharia (under Madanpur) Forest (India)Pallathal Forest (Bangladesh) Area Madanpur-Pallathal Tea Estate Sector

1369/3-S to 1371/6-S 1372 to 1373/3-S 1370/3-S to 1371/6-S & 1372 to 1373/3-S

218.080

159.195

058.885

000

141.930

126.275

015.655

000

Total

360.010

285.470

074.540

000

8

02.

Promodenagar Tea Estate Sector Lathitilla Dumabaroi Baro Pathini Karkhana Pathini LathitillaDumabaroi Sector Entire MadanpurPallathal Tea Estate, Promodenagar Tea Estate & LathitillaDumabaroi Sectors. Pathini Tea Estate Area Pathini Reserve Forest Area Pathini Tea Estate Sector Entire MadanpurPallathal Tea Estate, Promodenagar Tea Estate, LathitillaDumabaroi & Pathini Tea Estate Sectors.

03. 04. 05. 06.

1375/2-S to 1375/3-S & 1375/5-S to 1375/6-s

165.290

153.560

011.730

000

Total

Total

07. Total

1397 (Point-Y) to 1400/1-RI & 1400/1-RI to 1800/3-RI 1369/3-S to 1400/1-RI & 1400/1-RI to 1800/3-RI

120.250 202.450 807.400 473.320

000.000 126.750 767.960 460.450

120.250 075.700 039.440 012.870

026 040 114 149

01,603.420

01,355.160

248.260

329

02,128.720

01,794.190

334.530

329

05,358.980 1369/3-S to 1400/1-RI & 1400/1-RI to 1800/3-RI

000

Grand Total

07,487.700

000.000

000.000

000

(Note : Here, 01-hectare = 02.47105381-acre and 01-acre = 0.404685642-hectares) Land area of Nayagram is 145.000-acres) (Source : Director of Land Record & Revenue Survey, Government of Assam State, India & Border Security Force of India [BSFI], 2011)

Due to rampant corruption among said tea-garden officials and frequent lockouts announced by the teaestate authority, some members of other laborers families died of starvation. The Pathini tea estate, located along the Indo-Bangla border, had become infamous for increasing number of starvation deaths of its laborers. Around 10numbers to 17-numbers of tea-labour were reported to had died of starvation during the year 1994 to July, 2001. It was not the end of the black days in Pathini Tea Garden (which produces green-tea) more than 01,800-numbers of labourers had virtually been starving since June, 2001, following an indefinite lockout announced by the garden officials, said Rameswar Tanti, a tea laborer in Pathini TE (which was called as garden of death and once a foreign exchange earner and even, received gold medal in 1980s from the Government of India for excellence in quantity and quality of production of tea). Similarly, according to the records of TBI, dated 08th September, 2010, the land area of the above Promodenagar TE is 02,199.237-acres (that is, 890-hectares) (while other sources said-02,140.006-acres, that is, 866.03-hectares), which is Grant Area (apart from Grant Area, Applied Area for Plantation 153.440-hectares) and the Registration Number is 24, dated 22nd June, 1949, under Arunodaya Plantation Limited (as per File Number P-9/LC). However, there is no mention about Madanpur TE, mentioned the officials of the TBI in their documentations. While others sources said that Madanpur TE is 983.998-acres (that is, 398.210-hectares), which is Grant Area (apart from Grant Area, Applied Area for Plantation 159.780-hectares). At A GlanceTable-II

CONTROVERSIAL POSITION & FIGURES OF LATHITILLA-DUMABAROISERIAL NUMBER

NAME OF THE INTERNATIONAL BORDER VILLAGE (IBV)

FROM INTERNATIONAL BORDER PILLAR NUMBER (IBPN)

TOTAL LAND AREA (In Acre)

LAND AREA OF INDIAN SIDE (In Acre)

LAND AREA OF BANGLADESH SIDE (In Acre)

FAMILY LIVED & AFFECTED (In Number)

9

01.

Madanpur Tea Estate (India)-Pallathal Tea Estate (Bangladesh) Area Patharia (under Madanpur) Forest (India)Pallathal Forest (Bangladesh) Area Madanpur-Pallathal Tea Estate Sector

1369/3-S to 1371/6-S 1372 to 1373/3-S 1370/3-S to 1371/6-S & 1372 to 1373/3-S 1375/2-S to 1375/3-S & 1375/5-S to 1375/6-s

Total

459.010

384.510

074.500

00

02.

Promodenagar Tea Estate Sector Lathitilla Dumabaroi Baro Pathini Karkhana Pathini LathitillaDumabaroi Sector Entire MadanpurPallathal Tea Estate, Promodenagar Tea Estate & LathitillaDumabaroi Sectors Pathini Tea Estate Area Pathini Reserve Forest Area Pathini Tea Estate Sector Entire MadanpurPallathal Tea Estate, Promodenagar Tea Estate, LathitillaDumabaroi & Pathini Tea Estate Sectors.

165.290

153.560

011.730

00

03. 04. 05. 06.

Total

Total

1397 (Point-Y) to 1400/1-RI & 1400/1-RI to 1800/3-RI 1369 to 1400/1-RI & 1400/1-RI to 1800/3-RI

804.000

714.000

090.000

00

01,428.300

01,252.070

176.230

00

07. Total

000.000 1369/3-S to 1400/1-RI & 1400/1-RI to 1800/3-RI

000.000

000.000

00

Grand Total

01,428.300

01,252.070

176.230

000

(Note : Here, 01-hectare = 02.47105381-acre and 01-acre = 0.404685642-hectares) Land area of Nayagram is 145.000-acres) (Source : Government of Assam State, India & Indian National Political Party Congress [Indira], Indian Assam State Unit, 2011)

In this connection, it may be referred here that This particular TE land was purchased from the British Raj, in the name of the then Indian President due to the various geographical causes and to protect the unity and dignity of India. But, the interesting fact is that, it was the only TE, whose owner was the President of India. However, the most unfortunate thing is that one fourth of that aforesaid TE lied under the possession of former East Pakistan and now under Bangladesh administration. It is also fact that above tea-gardens position and situation was very deplorable. Despite above TEs deplorable conditions, lots of peoples of those above 04-numbers of IBV and the only tea-garden, (who have lost their abovementioned 248.260-acres fertile agricultural lands and properties) were working in that above particular tea-garden area to somehow manage or run the family, but couldnt survive properly. Ultimately, in the mean time, so many peoples of labour classes of those IBVs had to pass their days

10

without any payments and few of them died a painful death, mentioned one the officials of the Circle Office of Patharkandi Block of Karimganj district. On 02nd July, 2001, Monilal Goala, a Cha Sramik Union leader (who was the vice-president of the Cachar Cha Sramik Union, shortly say-CCSU of Cachar District) blasted and the tea-labourers of Pathini TE alleged, Most unfortunate and astonishing facts are that the Kolkata-based TTCI, which took charge of the aforesaid tea-garden from Assam Tea Trading Corporation (ATTC) of India, is not much concerned about those tea-labourers of above Pathini TE, who are almost dying. Not only that even, not a single official of the said tea-garden do not bother to give any answer about the reason that why the tea-labourers are dying one after another, can you imagine? Though, the IBPs in the Pallathal TE (which is registered with Bangladesh Tea Board, shortly say, BTB and the member of Bangladesh Tea Association, shortly say, BTA) area in Karimganj district were erected way back in 1962, and the Indian Government abortive to guard or look after the area and that is why, at that time the Bangladeshi citizens managed to intrude upon the above particular area illegally and later Bangladesh Government got a chance to claim that area was under her adverse possession and nothing else, added further another CCSU member. According to the reports of The Daily Star Newspaper of Bangladesh, As per the documents as well as the records of the Directorate of Land Record & Survey, Government of Bangladesh (DLRSGB), Pallathal TE (where around 500-numbers of workers are working on the said tea-garden, who were brought by the English from various parts of the then Undivided India and living in this particular tea-garden for generations, are mostly Hindu community) that falls under (East Shahbazpur Post Office and Barlekha Upazila of Juri Circle) Moulvibazar district of Bangladesh was set up in the year, 1920s, which as Pallathal Division of Hindustan Tea Company Limited. The factory of this TE was set up in the year, 1934. This particular TE divided into 12-numbers of section. Initially, in the late 1920s, the aforesaid TE had set up 04-numbers of sections; these were Number-01, Number-02, Number-03 and Number-04, while later, in early-1930s it was actually followed by another 08-numbers of section; these were Number-05, Number-06, Number-07, Number-08, Number-09, Number-10, Number-11 and Number-12 respectively. The TE was sold to one Kolin Bihari Roy, who ultimately sold the above TE to Pushpa Rani Chowdhury in the year, 1953-1954. Pushpa Rani didnt sow tea saplings or did any tea-plantation in the above revealed Number02, Number-03 and Number-04 sections of the said tea-garden, only because of that the area was fallen under disputed zone or disputed place, with India, which comprised around 360-acres of land. And it was not suitable for producing tea, rather cultivated Paan. Meanwhile, Pushpa Rani Das sold her tea-garden (that is, Pallathal TE) to Riazur Rahman in between the year, 1989-1990. Nevertheless this time, though the owner of the said tea-estate has been producing tea in the above-mentioned sections but never cultivating tea in the above disputed areas. Instead of tea plantation, he has been planting betel leaves, bamboos and rubber trees. Even, the people of Khashia Tribe of Bangladesh produce betel leaf on a portion of the above disputed 360-acres of area. However, the documents and papers showed that the DCs of the then Cachar District (which later divided into four parts of district Cachar, North Cachar Hills, Karimagnaj and Hailakandi) of Indian State, Assam and Undivided Sylhet District (which later divided into four parts of district Sylhet, Sunamganj, Habiganj and Maulvi Bazar) met in the year-1976 and decided that status quo of the above 360-acres of disputed land area would be continued until finalisation of the issue at the aforesaid both the states governments echelon. It can be mentioned here that out of 01,200-acres of total land area of the said tea-garden, 360-acres land comprises Number-02, Number-03 and Number-04 sections (which were leaving out during the erection of IBWBW by the Government of India), while rest of 840-acres of land constitutes Number-01, and Number-05 to Number-12 of the said tea-estate. Indeed, in Lathitilla IBV areas, around 26-numbers of family; in Dumabaroi IBV areas, about 40-numbers of family with Pathini TE; in Karkhana Pathini IBV areas, around 149-numbers of family and in Baro Pathini IBV areas, about 114-numbers of family (which comprises about 329-numbers of family) were directly affected and shifted to Indian side, who had land Patta and had the valid or original documents (with seal and signature of former Settlement Officer of earlier Pratapgarh Mouza, Sylhet Division of East Bengal of 19th September, 1914) of British Government and paid their Khajna (that is, Land Tax) to the exchequers of earlier British Government and after that Indian Assam State Government till the year-2000. And this why, in this matter, Mrinal Kanti Das, the DC of Karimganj district informed to the Indian Assam State Government earlier and mentioned (in his letter Vide Number KPE/113/2010/26, Dated 22nd February, 2010), If the above portions will go to the hand of Bangladesh permanently, then local public of that areas can raise massive hue and cry, and even, if necessary, then they will organize a mass movement against the decision of Government of India that Government of India betrayed them and give the lands without their proper consultations and compensations. We paid tax for our paternal lands and Bangladeshis will enjoy the benefit or get the ownership of our lands. Where does this rule exist? Have you seen anywhere in the world?, questioned the dweller of the LathitillaDumabaroi IBVs, Ramsundar Goala. He further taunted, If we dont pay land tax, then our so-called beloved Indian Assam State Government (IASG) sends us notices or letters that we are Bangladeshi citizen. And this is why, we are bound to pay or given land tax each and every year to the IASG in this matter, even, since British regime.

11

It is fact that IBVs Karkhana Pathini and Baro Pathini are under Indian possession since 15th August, 1947, while on the other hand, it is also true that the district administration of Karimganj district has been collecting land revenue every year from the above 329-numbers of Indian family, who are residing on the said disputed 04numbers hamlet area and a tea-garden, which are lied on the Indo-Bangla international boundary. These IBVs are belong to Bengali-speaking Hindu community, but the land of IBVs Lathitilla and a few portions of Dumabaroi and the above Pathini TE are fallen under the administration of Maulvibazar district of Bangladesh, revealed earlier Karimganj district DC, Joychandra Goswami on 11th December, 2004, according to the records. It was happened due to the British engineer, Sir Cyril Radcliff, who was appointed by Great Britain (that is, United Kingdom, shortly say UK) in June, 1947 at the chair of two Boundary Commissions and drew an unscientific and illogical arbitrary line to divide the above two states. Not only that even, as a result of this, a few members of dispute were also arisen (in some portions of the above 04-numbers of IBV and a tea-garden area) between the two neighbouring nations, unnecessarily. Apart from these, earlier East-Pakistan and present Bangladesh were also forcibly occupied or illegally possessed a few portions of the said 04-numbers of IBV and a teagarden. And as a result of this, the inhabitants of that India IBVs thought that they had ultimately lost their lands in the hands of earlier East Pakistan and now Bangladesh. Kisun Chauhan, Jagabandhan Kanu, Ganga Bisun Kanu, Parbati Bhar, Manilal Bhar, Murli Raj Bhar, Ram Kusum Kairi, Jaihind Kairi, Janardan Prasad Kairi, Hiralal Goala, Shangram Goala, Sibpujan Goala, Jayprasad Goala, Bidyapati Upadhayay, Nagendra Kumar Das, Ram Sundar Goala and others (Jayananda Goala, Satya Narayan Goala, Shankar Chauhan, Anowar Hussain, etcetera), who have Jomir Dolil (that is, permanent Land Deed or Land Record)s, Jomir Khajnar Roshid (that is, Counter Receipt of Land Tax) and controlled over aforesaid 04numbers of IBV (including Lathitilla and a few portions of Dumabaroi IBVs)s and (so-called disputed) tea-estate are still depositing their land-revenue of these IBVs to the exchequer of the Indian Assam State Government, as per Land Revenue Act (LRA) system of India and this has been going on since pre-independence period. These above our beloved peoples of the aforesaid 04-numbers of IBV and a TE have possessed or have paternal lands and landed properties in their above respective 04-numbers of hamlet and in this context they have each and every related valid documents, which had given by the earlier British Raj and later by the Indian Government; but surprisingly, despite unwillingness, now they have to go forcibly to Bangladesh. Can you imagine, have you seen anywhere in the world?, questioned Nilotpal Das, local leader of the Indian nationalist political party Bharatiya Janata Party (BJP). However, Government of India in various occasions raised those illegal occupation and illegal activities of earlier East Pakistan Government of Pakistan and now Bangladesh Government. But, nothing happened at last. On 1oth June, 2001, the Indian Home Ministry officials pointed out, Look, when we asked our counterpart Bangladesh, in this perspective (that is, for illegal possession and their illegal activities), at that point, they simply avoided it. But, when we further raised the issue and asked for specific revenue documents (next time) on that basis they were illegally occupied the Indian lands; at that time, Bangladesh officials replied, we do not have it. It must be with your respective department of Director of Land & Revenue Survey, Government of India. Even, when we offered to have a joint survey for the above disputed areas conducted by a third party, at that juncture, it was stonewalled on the excuse that there was no such clause or condition in the accord of India Bangladesh Land Border Agreement, 16th May, 1974. Meanwhile, during the year, 1987-1988, when Indian Central Public Works Department (CPWD) in first phase, Indian National Building Construction Corporation Limited (NBCCL) in second phase during the year 2005 and Indian National Project Construction Corporation Limited (NPCCL) in third phase during the year 2008 started to build International Barbed Wire Border Fence (IBWBF) along the said international boundary areas in the entire Kaimganj district. At that time, in that particular sector Lathitilla and Dumabaroi (in the year 2008), the officials of the said company faced tremendous wrath of the peoples of above 04-numbers of IBV, which ultimately compelled the company to build the IBWBF on the said sector after left the abovementioned so-called disputed areas or portions or keeping the abovementioned 04-numbers of IBV and the only TE area, which is around 02.874kilometres (that is, around 03-kilometres) open. Practically, the bone of contention between the two states in this Lathitilla and Dumabaroi sector is IBVs-Lathitilla and Dumabaroi (but, a few portions, which is called Tilla area, means small mound or hillock) area (that is situated western side and the place is without any human habitation) as well as the above Pathini-TE. And Bangladesh exactly illegally occupied this particular portion or side. Look, before and after 1950s, there were lots of fierce clashes had been occurred in this particular abovenoted o4-numbers of IBV. Even, during Liberation War, of 1971, there was a another fiery fight held between the numbers of Mukti Bahini (that is, Liberation Force) cadres and the soldiers of East Pakistan Rifles (EPR) of Pakistan, which was later renamed after creation of Bangladesh nation as Bangladesh Rifles (BDR) and presently known as Border Guards of Bangladesh (BGB), at this particular point, conceded the local peoples of Karimganj district. It can be noted here that as per BGB records are concerned, The Border Guards of Bangladesh or Border Guard Bangladesh, shortly say-BGB, actually earlier, that is, in the year, 1795, it was known as Frontier Protection Force (FPF) under East Indian Company (British Rule), after that it was again renamed as Ramgarh Local Battalion (RLB). Then in the year 1861, this frontier border guard renamed as Frontier Guards (FG), after

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that in 1891, it was again renamed as Bengal Military Police (BMP). Not only that this force again renamed as Eastern Frontier Rifles (EFR) in 1920, then in 1947 it was renamed as East Pakistan Rifles (EPR) under East Pakistan of Pakistan State, and after creation of Bangladesh nation in 16thh December, 1971, it was again renamed as Bangladesh Rifles (BDR) in 1972, and again on 23rd January, 2011, it was renamed as Border Guards of Bangladesh (BGB). In 1958, the Pakistan Security Force (PSF) EPR first opened fire upon the peoples of the Mokamtilla (under Patharkandi Block) areas, which is near the said IBVs (that is, in and around Lathitilla and Dumabaroi areas). In this context, in the same year (that is 1958), there were several questions arisen about the incident in the floor of the Indian Parliament (IP), but unfortunately, the reply (or speech) of the then Prime Minister of India (PMI), Late Pundit Jawaharlal Nehru was worthy of being remembered. The astonishing opinion passed or answering the questions by Late P. J. Nehru on the context of above fierce incident was Those aforementioned 04-numbers of village and a tea-estate (especially, Lathitilla and Dumbabari hamlets) are belonged to East Pakistan of Pakistan. There is no doubt about that and the peoples of those villages are belonged to Muslim community and few Hindu families. Therefore, there is no need to inclusion of the said villages within India. Left these villages .. However, we occupied those 04-numbers of village and a tea-estate, because, Pakistan had kept occupied our some portions or Indian territory. Now we have arrived at an agreement (that is, mentioned about the agreement of the 11th September, 1958, between the PMI, Pundit Jawaharlal Nehru and the Prime Minister of Pakistan [PMP], Firoze Khan Noon) and will handover those aforementioned 04-numbers of village (including, Lathitilla and Dumabaroi hamlets) with a tea-estate (which is called Bananchal) to Pakistan .., disclosed Mrinal Dasgupta on 08th April, 1999 and later his son Ashish Dasgupta admitted the facts too and said the above similar thing on 05th September, 2011, who heard entire episodes of the aforesaid incident from the mouth of his late father. Supporting the fact, 68-years-old Sibaprasad Tiwari, who is the inhabitant of IBV-Chhoto Pathini (known as : Chhoto Putni) lamented, Pundit Jawaharlal Nehru delivered or gave a baseless and fact-less speech in the floor of IP. Which he actually called Bananchal (that is, forest lands) area is indeed, or actually Lokanchal (that is, human habitations) area. From, where he obtained those facts and figures or how he delivered an irresponsible speech on the said context, is still unknown or mysterious to us. While on the other hand, according to the writer, Avtar Singh Bhasin, who wrote in his book (IndiaBangladesh Relations 1917-1994), Pundit Nehru delivered a negating statement about the said areas, In regard to exchange of small territories, we do not want to further migration from that place, as far as possible and it is better for the populaces of that areas to live there permanently and accept or adopt the country, to which they will now belong to (means earlier East Pakistan and now, Bangladesh), it is our advise to the people of that areas ... At that time, that opinion instantaneously enraged the Patharkandi Constituencys Member of Legislative Assembly (MLA) of Indian Assam State Assembly, Gopesh Namasudra, respective citizens of the said Patharkandi areas Mrinal Dasgupta, Sarbananda Namasudra and others, who had later filed a case in the honourable Supreme Court of India (SCI) against the opinion of PM of India, Pundit J. Nehru, in the same year later. In SCI, on behalf of petitioners, the question was raised or asked by Barrister Sadhan Gupto and M. K. Ramamurthy. In this context it can be also noted here that in the year-1958, the Indian former PM, P. J. Nehru gave above that answer after raised questions on the said burning issue by the Member of Parliament (MP)s of IP Mohammad Elias and the S. M. Banerjee, respectively. At that time, Mohammad Elias was a candidate of Communist Party of India (National), shortly says, CPIN and was represented for the Parliamentary Constituency [PC] Howrah (District) of the Indian State, West Bengal (WB), while S. M. Banerjee was a Independent Candidate) of Kanpur (District) PC of the Indian State, Uttar Pradesh (UP). Both the said two candidates had won the Indian Parliamentary Election, in the year, 1957. But, nothing had been happened, everything turned fruitless, stated 45years-old Tapodhir Kumar Deshmukh and 49-years-old Gautam Deshmukh, who are the sons of Gopesh Namasudra of Patharkandi. Not only that to solve the problem and the situation of the said 04-numbers of village and a tea-estate between the two states, the others local respective peoples of Karimganj district Rathin Sen, Ranendra Mohan Das and others later so many times went to the offices of Indian Union Home Ministry and Indian Union External Ministry at the capital of India, New Delhi, but no concrete solution came out. Even though, in the agreement of the 11th September, 1958, which was held between the PMI and the Prime Minister of Pakistan (PMP), Pundit Jawaharlal Nehru and Firoze Khan Noon, there were mentioned of those 04-numbers of hamlet and a tea-estate, which later on protested by the Communist Party of India (CPI) and Janashangha, but ultimately nothing resolved or sorted out between the above two nations in this regards. In fact, at that time, Bimala Prasad Chaliha was the Chief Minister (CM) of the Indian State, Assam. When Indian Central Government, shortly say ICG (that is, Indian Union Home Minsitry Govind Ballabh Pant and the PM of India Pundit Jawaharlal Nehru) asked about the ground situation of the said 04-numbers of hamlet (including IBVs Lathitilla and Dumabaroi) and a tea-garden, the aforesaid CM replied that situation of the aforesaid hamlets was quite normal, everything was fine and there was no dispute between the two sides. Even, he never helped the above 04-numbers of Indian village and a tea-garden and their peoples at that time. In a word, he

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misled and gave wrong information to the ICG, blamed the former MLA, Gopesh Namasudra of aforesaid Patharkandi Constituency on 11th April, 1999. According to Nagendra Kumar Das, The above revealed ugly attack of the PSF was mainly launched fullfledged in the year 1959, when the International Border Pillar (IBP) of the India-Bangladesh International Border was started to construct for demarcating the aforesaid international boundary-line between India and Bangladesh for the first time. It was decided that the Police Station (PS) Kulaura, which is presently under Maulvibazar district (that is, the then Hingajia of East Pakistan State) of Bangladesh and the Patharkandi PS, which is now under Karimganj district (that is, former Srihatta District of Undivided India and then Undivided Cachar District of Independent India) of the Indian State Assam, would be the international borderline between the two states India and Pakistan. As per the plan or scheme, it was also decided that the international boundary-line would be demarcated or made in such a way that the Patharkandi PS would lie in the eastern side, Kulaura and Barlekha PSs (presently under Maulvibazar district of Sylhet Division of Bangladesh), Beani Bazar (presently Sylhet district of Bangladesh) would lie in western side, while from Thal Gung (means rivulet or small-river, which comes or flows from North Tripura district of Indian State, Tripura and crosses the Karkhana Pathini village and has entered into Bangladesh, that lies just near the IBPN-1800) to northern side, as an international border. Actually the root cause of the entire confrontation between the two neighbouring states had been existed since 1959-1960, when it was found that the iron made number plate of IBPs (which were fixed on the foot of the of IBPs that erected on Indo-Pak [presently, Bangladesh] international boundary to demarcate the aforesaid international border between the above two nations properly), were either wrong or misleading or confusing. For an instance the IBPN-1396 that stood at Piplagul-Champabari IBVs of Karimganj district. In Indian side, the number plate engraved/marked as IBPN-1396, while on the Pakistan (that is, Bangladesh) side it was seen IBPN-1395. That means there were vast differences during marking the IBPs, which are still existed and this is why, the problem between two states still existed. But, why it happened, whether it is intentional or unintentional or whimsical, nobody knows. Similarly, it existed also in IBPN-1392, IBPN-1393, IBPN-1394, IBPN-1396, IBPN-1397, respectively. Apart from this, another cause of confrontation is that to demarcate the international boundary between the two nations of the said area (that is, from Pathini Chhara [locally known as Putni Chhara] Nullah [means : someone called canal or channel, while someone called rivulet] to above revealed Thal rivulet). The IBPs (which were also erected at that period on the said areas, are now situated just near the bank of the Thal rivulet) were also disputed. However, on the other hand, according to the records of the Indian Home Ministry, Government of India, M. C. Chagla gave a statement of Lower House of Indian Parliament (IP), that is, Rajya Sabha, that East Pakistan of Pakistan had virtually illegally occupied (a portion, that is, hillock areas of the) Dumabaroi village in the year 1952. While on the other side, the others records claimed, actually, the daily incursions and firing had been taken place in this particular sector since 1962. Though, in February, 1962, the villagers of the said IBVs Lathitilla and Dumabaroi were found that the EPR soldiers of Pakistan patrolled the areas suspiciously periodically. It had ultimately come to notice, when in November, 1962, Pakistan illegally occupied or seized IBVLathitilla and (a portion, that is, hillock areas of the) DumabaroiIBV in July, 1963. It was estimated that Pakistan illegally tried to grab entire lands of the above 04-numbers of Indian IBV and a TE (including another IBV Chhoto Pathini, which locally called-Chhoto Putni). While a section of scholars in this connection referred, Lathitilla-(a portion, that is, hillock areas of the) Dumabaroi hamlets went under East Pakistan during India-Pakistan War, 1965 and since then it was their possession, presently, Bangladesh and termed as a disputed territory. Not only that presently, as per officials records of Indian Assam State Home Ministry department, the present BGB camp at Lathitilla-Dumabaroi area was once used by International Border Armed Force (IBAF), that is, Indian Army legally and belonging to India as well as the adjoining Pathini Reserve Forest areas also. But, this so-called base-camp at last came under EPR of Pakistans control after the Indo-Pak War, 1965. Even if at that time Government of India was urged the Government of East Pakistan state of Pakistan to give back the said camp or disputed territory to India, but, Pakistan didnt pay any heed to Indias repeated requests. In due course, Government of Bangladesh also followed similar path or took similar stand on the aforesaid subject, as Indias appeal to hand over the so-called disputed area or encampment area had all along fallen on deaf ears. In the year 1963, in Lathitilla area, there was again a fierce incident happened between both sides. After that EPR jawans had not only harassed the people of above-04-numbers of IBV and the tea-garden of India but also carried on inhuman, oppression upon them. This frightened them in such a way that they had to leave their houses and took shelter beside Indian International Border Armed Force (IIBAF) camps. This came to light from the opinion of Satyendra Nath Das. Because, the EPR soldiers had at first picked up Satyendra Nath Das from his house and then beaten black and blue till he in fell senseless (because, he was vocal against East Pakistan, accused by EPR). This was happened on 31st October, 1963. After that the EPR targeted the denizen of Karkhana Pathini village, Nagendra Das, but he was out of their (that is, EPR) reach, because, Nagendra Das stayed most of the time at IBAF camp to save himself from the hand of EPR.

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All these were done under Company Commandant of EPR Force, Hayat Khan, who later on became a frightful figure among the residents of Lathitilla, Dumabaroi, Baro Pathini, Karkhana Pathini, (including Chhoto Pathini, known as : Chhoto Putni), which are now under Patharkandi Block under Karimganj district of Indian side, emphasized the villager Satyendra Nath Das, the resident of Dumabaroi village, who is now around 90-plus. He further stated, It was alleged that EPR force took the opportunity of oppressing to the Indian people continuously and tremendously of those areas, because of the apathetic attitudes of Company (that is, Battalion) in Charge or Circle Inspector (C.I.) of Lathitilla IIBAF camp, Prabhu Singh. The reason behind of our above IBAF officer or C.I. was either his illegal relationship with EPR officers daughter or a lady, who was one of the relatives of the aforesaid EPR officer. As a result of this, he always went to visit the Hayat Khan led EPRs International Border Out Post (IBOP) and received various gifts (like breakfast, lunch, dinner, etcetera) in various occasions. But, most interesting fact is that, when our BSFI C.I. went to visit the EPR camp after invitation or without invitation, at that time EPR came to the above 04-numbers of village and a tea-garden and tortured the Indian citizens mercilessly (from not only child to old one but also girl children to women). Even, in the same year (that is, 1963), there was a discussion between both sides frontier border security forces in brigadier level at Tamabil, the IBV of Sylhet district of Bangladesh over this disputed 01,603.420-acres (648.881-hectare) of land that lies on Indo-Bangla international boundary. It was decided that both the sides would maintain Land of Standstill keeping themselves 137-metre (that is, 150-yard)s away from Pathini TE, as a temporary international boundary, till the dispute on the said international borderland between the two nations were brought to an end or over. During discussion, at the time, Brigadier Ghashiram was represented on behalf of IIBAF. According to the above agreement, IIBAF gave due honour to that discussion and shifted their IBOP or camp towards 137-metres Indian side, while East Pakistan and later Bangladesh failed to do it. Even, Bangladesh frontier border force-BGB had been pursuing the previous policy of East Pakistan like threat, oppression and repression on the residents of above-04-numbers of IBV and the tea-garden and even, compelled the aforesaid IBV majority (that is, Hindu) community people to leave their land and captured their homeland by force, later, briefed one of the IIBAF officials, who came to know from the records as well as from the local senior citizens of the said IBV areas and the tea-estate. In this context, it can also be pointed out here that the Indian minority pro-Pakistan (Muslim) community supporters of the said 04-numbers of above-noted village and a tea-estate were supporting the illegal activities of EPR soldiers time-to-time and tortured on the Indian peoples, who are belonged to Hindu community (Nath-cast) peoples. Seeing this, ultimately the above numbers of said IBV family of the Indian community became disheartened and had compelled to leave the place or their hamlets. I can also remember or be referred here that at that time, that is, on 01st November, 1963, the above pro-Pakistan supporters Muslim community peoples of our Lathitilla village even, hoisted the Pakistani National Flag (PNF). And if anyone of our people wanted to resist or stop that, he or she was brutally tortured by the said community peoples. Even, most of the time also they did it in various occasions, disclosed one of the friend of Sangram Goala (who presently expired), on 10th April, 1999. Actually, it is fact that a section of peoples of former Eastern Pakistan, who generally supported Pakistan, betrayed the Mukti Bahini guerillas, who wanted to liberate their land from the cruel clutches of Pakistan. But, on that day (01st November, 1963), when Pakistani supporters of the said Lathitilla hamlet hoisted the PNF, (hearing these) the higher officials of Masimpur (village under Cachar District of the Eastern Indian State, Assam) Indian Army cantonment rushed to the spot to enquire into the matter and then held a serious meeting and after that made a detailed report on the said incident and subsequently, sent the report or informed to higher officials at the headquarter, New Delhi, the capital of India. The meeting was held between, Major S. K. Chowdhury, Company Commandant-S. K. Chauhan and Company Commandant of Kukital IBV camp (under Karimganj district), Chikan Baruah of the Indian armed forces. In the meantime, the situation turned became tensed and volatile and in presence of the above three officers of Indian armed forces, a cross firing was took place again between the aforesaid two forces IIBAF and the EPR of the above two nations, in the Lathitilla areas. But, when the situation was became grave, one of the Indian IBAF Nepali soldier dig a big bunker with his ethnic weapon Khukri and helped to save the lives of the IIBAF soldiers, on which he was rewarded or received Presidential Award later by the Government of India for his work. Local peoples of that area still remember the above Sepoy (that is, soldier) of the IIBAF-Indian Army and his brave work, revealed Ramsundar Goala, who is the denizen of IBV near Lathitilla-Dumabaroi. In this context, it can be mentioned here that about the Lathitilla village, one of the website (which is a snapshot of the page as it appeared on 07th March, 2011 in Bangladesh) claimed, It is true that with the help of a section of East Pakistan supported peoples, Pakistan Army soldiers captured the Lathitilla village area and hoisted the PNF. But, the people (who were supported the Liberation Force)s of Lathitilla tried to defend their homeland were oppressed inhumanly by the Pakistani people as well as the above Pakistani soldiers. During that incident, to save their lives, the resident (around 92-number)s of the abovementioned IBVs Lathitilla and Dumabaroi fled away and took shelter in the various adjacent areas of the Patharkandi Block of Karimganj district like Chandkhira Railway Station, others (about 49-numbers) to Kailaghat area and 30numbers to 40-numbers of populace shifted in Medli village. Thereafter, these peoples scattered in different places in and around of that region for better food, cloth and shelter. But, they received neither any kind of help from the Indian State Government nor from the Central Government of India whatsoever.

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In the year, 1963, being oppressed by the Pakistanis, the owners of these plots of land came to Indian side with a view to living a secured life. The land owners thought that in course of time they would be able to recover those plots of their lands, which was possessed by Pakistan. But, in vain, ultimately later they got dispersed and separated from one to other in search of livelihood. As a result, these unfortunate land owners had to pass their in utter distress. Some of them were forced to live on public charity or alms, lamented Nonagenarian Bidyadhar Tripathi, who is the inhabitant of Akaidam hamlet, which is situated near Lathitilla and Dumabaroi villages. On the other side, in the year, 1964, according to the Ministry of Information & Broadcasting, Government of India records were concerned, It is fact that after the deployment of heavily armed EPR forces of Pakistan from 01st week of December, 1964, the situation of the above area ultimately turned into a fierce conflict between the aforesaid two states (on 11th December, 1964). The aforesaid EPR soldiers started firing at 22:00 pm towards the Indian villages Lathitilla and Dumabaroi (on 11th December, 1964) without any provocation. Seeing this, Indian Armys International Border Patrol Group (IBPG) or International Border Patrol Force (IBPF) returned to fire towards the Pakistani EPR soldiers. The fierce clash between the two frontier guard soldiers continued sporadically all throughout the day. In this incident, an IBPGI jawan (that is, Soldier) was injured. It is factual (who received this particular information about the said incident from the office of the DC, Karimganj District) that there was an exchange of fire in the year 1965, between the EPR and the IBPG soldiers and as a result of this, 03-numbers of IBPG jawan were killed. In a nutshell, I may say, since 1958, the East Pakistan fired upon Indian villagers without any provocations or without any causes, pointed out local journalist Ajoy Sutradhar, who lives at Patharkandi Block of Karimganj district. We heard that during the war of 1965, between India and Pakistan, around 25-numbers to 27-numbers of Indian Army soldiers were lost their lives or had given their lives in the hands of Pakistan Army or say, became martyrs to save our territory from the clutches of foreign hands (means-Pakistan) or aggressions. Not only that even since then, 08-number section of Pathini Tea Estate had gone under the (illegally) occupation of Pakistan Army, narrated farmer of Lathitilla-Dumabaroi IBVs, Rajesh Goala. While remembering the similar words about the said incidents from the mouth of his father, another farmer of Lathitilla-Dumabaroi IBVs, Bolen Bharadwaj briefed, Even, our one of the beloved cultivator Shankar Goala was shot dead by the EPR (of Pakistan) soldiers. Indeed, at that time, the situation turned so serious, when the Government of India didnt pay any heed to it properly or didnt take it seriously; the above 04-numbers of village people (including the tea-estate) with the help of others had compelled to inform the J. N. Chaudhury, the then Commander-in-Chief of the Indian Infantry Regiment via telegraph/telegram (that is, through a wireless message) and had given entire report of the ground situation and reality. Not only that the peoples of the said IBVs even, had to beg interference from J. N. Chaudhury under the guidance of Nagendra Kumar Das. Hearing and seeing the situation, J. N. Chaudhury also responded to it immediately (even after collected inputs from the various Indian Government Intelligence Agencies and civil information) and deputed 08,000-numbers of Indian Army soldier to bring the situation under Indian control. But, to do that the Indian soldiers had to fight against the invading Pakistani force in which 03-numbers of the Indian army men had to lay their life. Till the situation under control, Indian Army was stayed there around one month on the said 04-numbers of IBVs and the aforesaid tea-garden areas, expressed the peoples of the above IBVs and the TE. However, The most awful thing was that, when Indian Army took into their possession and left the place after some time, it put Nagendra Kumar Das into an awakened position. Because, to kill him and his family members, PSF EPR soldiers vehemently threatened him and his family members severely. As a result of this, he had compelled to leave his house and took shelter in nearby Indian Army camp, divulged one of the relative of the Nagendra Kumar Das of the aforesaid IBV. According to the datas of the of the Indian Assam State Police Force (IASPF) department are concern, though, at that time, there was a ceasefire between the aforesaid East Pakistan of Pakistan and India, which had effected on 29th March, 1965, but, when India repeatedly offered of no war pact to Pakistan (at that time), the Pakistan refused to accept the same. Ultimately it was broken during the fierce encounter incidents had been started in that particular sector again in February, 1966, and later in once again occurred in March, 1966. After break of a month, the East Pakistan again started unprovoked firing in these areas, revealed one of the intelligence officials of the IASPF department. There was a fierce incident took place at Lathitilla IBOPon 18th June, 1971 between India and East Pakistan. After getting proper instruction from Indian Army (Regiment of Rajputna Rifles) commanding officer Colonel Deb Sen, the liberation force under the leadership of Captain Rob with the help of his Mukti Bahini activists and the above Indian Army soldiers attacked the Lathitilla IBOP at early morning by hurled grenades and shelling from the artillery. Though, Pakistan army battalion EPR started counter attack by firing immediately towards the Indian Army soldiers and the jawans of the Liberation Force (LF), but couldnt succeed. As a result of this, once Habildar (that is, a post or rank of Indian Army as well as the Pakistan Army) and a Sepoy of 22 Number Baloch Regiment, which is an infantry regiment of Pakistan Army, caught red-handed in the hands of LFs soldiers. But, 04numbers of jawans of Mukti Bahini (MB) were also injured in this clash and Lathitilla IBOP came under the control of MB.

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Although, extensive guerilla actions occurred in this particular entire Lathitilla-Dumabari sector in the months of June, July and August of 1971. Meanwhile, MB guerilla fighters and subsequently by the month of August, 1971, extensively or heavy Indian Regular Army (more than thousands) merely deployed or increased in the subsector Boropunji. But, most unfortunate and most astonishing fact is that at that juncture, major portions of the local populaces of Lathitilla worked together with the EPR not only to catch the more and more fighters of MB, Indian Army soldiers and Indian and Bangladeshi followers but also to capture or get control over Indian IBOPs. Even, for this, the peoples EPR supporters tied tin-canes, with the tree branches and began beating the canes to generate or make sounds the moment MB guerilla fighters entered into the aforesaid villages. Moreover, with a view to catch the freedom fighters of Bangladesh, the villagers (who were the hardcore followers of the EPR of Pakistan) arranged special Ajan (that is, call to prayer or Muezzins summons to prayer in a mosque) or Namaj (that is, prayer call for god or worship of god) and delivered the same vociferously from numbers of Mashjid (that is, Mosque)s, when the activists of liberation force of Bangladesh entered into their hamlets. Actually, these methods resulted to detain of a huge number of LFs by the EPR. However, under the leadership of Captain Shariful Haque alias Dalim, who was the in charge of Sub-sector IBOP-Kukital carried on attacks vehemently on EPR of Pakistan, which ultimately resulted huge damage of IBOP of Pakistan of the said area Juri and Dikhush in the mid July, 1971 and at last, by August, 1971, Amasid, Kabala, Lubachhara, Mokamtilla, Nou-nouja, came under the full control of LF of Bangladesh, claimed the website bangladeshnews.com. Meanwhile, after 15-months of the Agreement signed between the then PMI, Mrs. Indira Gandhi and the then Prime Minister of Bangladesh (PMB), Sheikh Mujibur Rahman on 16th May, 1974, the father of nation of Bangladesh, popularly known as Bango Bandhu (means Friend of Bengal), Sheikh Mujibar Rahaman, with his children (except daughters Sheikh Hasina Wazed and her sister, Sheikh Rehana, who were on a goodwill tour or visiting at that time in Europe continent [specially at the capital of former West Germany State, Bonn], with Hasinas husband, Late M. A. Wazed Mianh, a nuclear scientist-cum-researcher at a laboratory), were virtually assassinated by Bangladesh Military coup, led by Major General Khaled Mosharraf and his associates. Later, after overthrew the government, imposed Martial Law (that is, Military dominated civilian regime). On 03rd November, 1975, though he was also himself killed in a counter military coup just after 04-days later 07th November, 1975, which installed General Zia-ur-Rahaman of Bangladesh Army in power, pointed out octogenarian Nishit Ranjan Das, who lives in district headquarter town, Karimganj. But, as per the agreement, the new Government of Bangladesh already erected many numbers of IBP) for demarcating the international boundary-line (between the two nations) to honour the agreement. Of them, some IBPs were erected in the abovementioned disrupted 04-numbers of IBV and the tea-estate as well. While on the other hand, the Bangladeshi peoples already not only built their houses in the No-Mans Land that situated in between India-Bangladesh international border but also carried out their cultivation works, etcetera relentlessly. In Bangladesh side, the IBV-Lathitilla is now situated under the Kulaura Upazilla of Maulvibazar district. Land of Pathini TE is a part of Lathitilla and Dumabaroi hamlets. But, while making of boundary, which had been fixed in the year, 1966, was being treated (or continued) as status quo. Because, the aforesaid land was under control (administrative) of Bangladesh. Indeed, the said plots of land were possessed and used by the inhabitants of Bangladesh. However, most mysterious thing is that it happened during the Partition (that is, in 1947), when Sir Cyril Radcliff did it by a single stoke of his pen and as a result, that abovementioned areas (specially, Lathitilla and the hilly part of Dumabaroi IBVs) had gone in the possession of East Pakistan permanently and created dispute between the above two nations respectively. Those possessed lands or territories were 04-numbers IBV, which were represented as hamlets (namely Lathitilla, Dumabaroi, Baro Pathini and Karkhana Pathini with a Tea Garden Pathini) and the lands of the abovementioned IBVs were also categorize as Under Adverse Possession of Bangladesh. Since then the landlords of these so-called enclaves had been persuading both the Indian Central and Provincial Governments, including Indian Home Minister, Governor of North East Indian State, Assam, Assam Accord Department, Indian Assam State Home Commissioner, Secretary of Axom Chukti Rupayan Bibhag (that is, Implementation of Assam Accord Department), Indian Assam State Government and all Indian state (regional), national political parties etcetera to restore the above Lathitilla and the hilly part of Dumabaroi IBVs within India; but in vain.

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(Sketch : Border Security Force of India [BSFI], 1999)

It is fact that few days ago above in that particular 02.874-kilometres (that is, around o3-kilometre) stretch of international land border areas in Lathitilla-Dumabaroi sector, which has fallen in between the IBPN1397 (Point-Y) to IBPN1400/1-RI, hadnt been properly demarcated and rectified and as a result of that presence of huge gathering made by the land owners of the above IBVs or dwellers of both sides (whose paternal lands had fallen into each others territory) time-to-time), with a view