Terms of Lease in perpetuity of Tin Bigha - Area, October 7, 1982
New Delhi
7 October 1982Excellency,
I have the honour to refer to item 14 of Article 1 of the Agreement between the Government of Republic of India and the Government of the People's Republic of Bangladesh concerning the Demarcation of the Land Boundary between India and Bangladesh and Related Matters, signed in New Delhi on 16th of May 1974, and to state that in connection with the lease in perpetuity by India to Bangladesh of an area of approximately 178 metres x 85 metres near "Tin Bigha" to connect Dahagram with Panbari Mouza (P.S. Patgram) of Bangladesh, the follwoing understanding has been reached between our two Governments:
The lease in perpetuity of the aforementioned area shall be for the purpose of connecting Dahagram and Angarpota with Panbari Mouza (P.S. Patgram) of Bangladesh to enable the Bangladesh Government to exercise her sovreignty over Dahagram and Angorpota. Sovereignty over the leased area shall continue to vest in India. The rent for the leased area shall be Bangladesh Tk. 1/- (Bangladesh Taka One) only per annum. Bangladesh shall not, however, be required to pay the said rent and the Government of India hereby waives its right to charge such rent in respect of the leased area. For the purposes stated in para 1 above Bangladesh shall have undistributed possession and use of the area leased to her in perpetuity. Bangladesh citizens including police, paramilitary and military personnel along with their arms, ammunition, equipment and supplies shall have the right of free and unfettered movement in the leased area and shall not be required to carry passports or travel documents of any kind. Movement of Bangladesh goods through the leased area shall also be free. There shall be no requirement of payment of customs duty, tax or levy of any kind whatsoever or any transit charges. Indian citizens including police, paramilitary and military personnel along with their arms, ammunition, equipment and supplies shall continue to have the right of free and unfettered movement in the leased area in either direction. Movement of Indian goods across the leased area shall also be free. For the purposes of such passage the existing road running across it shall continue to be used. India may also build a road above and/or below the surface of the leased area in an elevated or subway form for her exclusive use in a manner which will not prejudice free and unfettered movement of Bangladesh citizens and goods as defined in paras 1 and 4 above. The two governments shall cooperate in placing permanent makers along the perimeters of the leased area and put up fences where necessary. Both India and Bangladesh shall have right to lay cables, electric lines, water and sewerage pipes etc. over or under the leased area without obstructing free movement of citizens or goods of either country as defined in paras 4 and 5 above. The modalities for implementing the terms of the lease will be entrusted to the respective Deputy Commissioners of Rangpur (Bangladesh) and Cooch Behar (India). In case of differences, they will refer the matter to their respective Governments for resolution. In the event of any Bangladesh/Indiaan national being involved in an incident in the leased area, constituting an offence in law, he shall be dealt with by the respective law enforcing agency of his own country in accordance with its national laws. In the event of an incident in the leased area involving nationals of both countries, the law enforcing agency on the scene of the incident will take necessary steps to restore law and order. At the same time immediate steps will be taken to get in touch with the law enforcing agency of the other country. In such cases, any Indian national apprehended by a Bangladeshi law enforcing agency shall be handed over forthwith to the Indian side and any Bangladeshi national apprehended by an Indian law enforcing agency shall be handed over forthwith to the Bangladeshi side. India will retain residual jurisdiction in the leased area.
I shall be grateful if you kindly confirm that the above sets out correctly the understanding reached between our two Governments. I have also the honour to purpose that this letter and your reply confirming the understanding shall constitute an agreement between our two Governments in respect of the leased area, which shall be an integral part of the Agreement concerning the Demarcation of the Land Boundary between India and Bangladesh and Related Matters. Signed on the 16th of May 1974.Accept, Excellency, the assurances of my highest esteem.
(P.V. Narshimha Rao)
Minister of External Affairs
Government of the Republic of IndiaH.E. Mr. A. R. Shams-Ud-Doha
Minister for Foreign Affairs
Government of the People's Republic of Bangladesh