Balen: ‘Giri Bandhu Tea Estate case is an example of a person’s honesty’

KATHMANDU, May 12: Kathmandu Metropolitan City Mayor Balendra Shah (Balen) has commended the Supreme Court's verdict on the Giri Bandhu Tea Estate land transfer case as “a prime example of the power of honesty”. 

Balen, posting a status on social media on Sunday, commented that “this case is an example of a pivotal role that a person's honesty and integrity can play”.

The Constitutional Bench of the Supreme Court deemed the previous government's transfer of about 344 bighas of land under the Giri Bandhu Tea Estate in Jhapa as ‘unjust, immature, and against loan conditions’. In response, Mayor Balendra Shah emphasized that if the intended purpose of the land, granted under land ceiling exemption ends, the government should reclaim ownership of the land. Balen said, “It’s whether there is a tea garden or that land belongs to the government.”

Mentioning that the land is currently worth more than Rs 10 billion, he urged the current government to hold the previous administration accountable and advised applicants seeking land from the Giri Bandhu Tea Estate to refrain from pursuing legal processes and withdraw their applications. Balen said that avenues for acquiring this land have closed.

The controversy surrounding the land dates back to April 26, 2021, when the former Oli-led government decided to allow the sale and distribution of 343 bighas of the Giri Bandhu Tea Estate. Subsequently, Advocate Om Prakash Aryal filed a petition at the Supreme Court, alleging political corruption in the decision.

Responding to the same writ petition, the SC overturned the decision of the previous government led by KP Oli to allow land swapping in the Giri Bandhu Tea Estate case in Jhapa on February 7. The full text of this judgment was made public on Friday.

In its ruling, the Supreme Court has ended once and for all the prospect of the utilization or exchange of the land for purposes other than those specified, surpassing the established land ceiling designated for certain purposes. Furthermore, the SC has directed the government to prevent the misuse of land that has been exempted from limitations and mandated its transfer to government ownership, even if the land is barren.

A strict condition has been set regarding the land ceiling exemption for the benefit of the government as per the  interpretation of the SC.

Expressing gratitude to advocate Aryal for safeguarding the country's wealth, Balen thanked Aryal for his pivotal role in protecting assets worth billions of rupees. Aryal also serves as the legal advisor of Kathmandu Metropolis.