#Lalita Niwas Land Grab Case

Govt prepares to scrap all controversial cabinet decisions

Published On: April 19, 2019 06:05 AM NPT By: Matrika Dahal

Prime Minister's Office directs land ceiling enforcement

KATHMANDU, April 19: The government has expedited a process to scrap all decisions that paved the way for illegally transferring the ownership of public land to private individuals. The Office of Prime Minister and Council of Ministers (OPMCM) has directed the Ministry of Land Management, Cooperatives and Poverty Alleviation to scrap all controversial decisions taken since 2047 BS, paving the way for transferring ownership of 114 ropani of public land belonging to Lalita Niwas to private individuals.

“We have directed the Land Management Ministry to prepare details of the land acquired in that given time period and proposed scrapping all decisions made into give ownership of government land at Lalita Niwas camp to individuals,” said a source at OPMCM.

The Commission for Investigation of Abuse of Authority (CIAA) and the Central Investigation Bureau of Nepal Police have begun investigations to take action against those involved in diverting government land in such a prime location. Cabinet meetings held on May 28, July 23 and August 19, 2017 have already decided to return only land that was taken by the government during the Panchayat era without providing compensation to its owners.

However, those claiming right of the land in collusion with the land revenue officials at Dilli Bazar Land Revenue Office had transferred the ownership of 114 ropani acquired by the government against due compensation.

Various individuals including Shailaja Rana, who claimed ownership rights, had sold away the land to businessman Min Bahadur Gurung and land brokers duos Shobha Kant Dhakal and Ram Kumar Dhakal, among other, after illegally transferring the ownership in their own names.

Cabinet meetings in 2066 BS, 2067 BS and 2069 BS had taken various controversial decisions to transfer ownership of land belonging to Lalita Niwas and Tikinchha Guthi to various individuals. The government is preparing to scrap these controversial decisions also and bring back the government land.

Of the total 299 ropani, 15 aana and 3 paisa belonging to 'Lalita Camp', the government had acquired 284 ropani on payment of due compensation, and the remaining 14 ropani belonging to Subarna Shumsher Rana and his son Kanchan Shumsher Rana was acquired without compensation back in 2021 BS.

According to details published in the Nepal Gazette by Government of NepalSecretary Bishnu Mani Acharya in 2021 BS, the government acquired six different palaces in Kathmandu Valley at the time.

Details given in the Gazette show that the government acquired Mahabir Bhawan in Naxal where Nepal Police Headquarters is now located (154 ropani, 4 aana and 2 paisa land) , Harihar Bhawan (240 ropani 1 aana, 2 paisa) in Pulchowk, Sita Bhawan, i.e. Bal Mandir, (119 ropani 12 aaana and 3 paisa) in Naxal, Laxmi Niwas, i.e. Bairabnath Batallion premises, (258 ropani, 14 aana) in Maharajgunj, Lalita Niwas, i.e. Prime Minister's Official residence premises (274 ropani, 14 aanaa and 3 paisa) in Baluwatar and 240 ropani,5 aana and 3 paisa at Babarmahal.

A total of 12 Ropani belonging to Bharat Shumsher Rana in Babarmahal was later seized by the government on the charge of treason.

Sources at OPMCM said the government has directed to also prepare land ceiling details for the 14 ropani and 14 aana land belonging to Subarna Shumsher Rana and his son Kanchan back then.

A probe committee led by former secretary Sharada Prasad Trital has recommended acquiring land that exceeds the ceiling in the case of land claimed by Bharat Shumsher Rana. As per the existing land ceiling determined by the government, an individual cannot hold more than 25 ropani in Kathmandu Valley.Controversial decisions during the tenures of various prime ministers:            

Cabinet decision under Prime Minister Baburam Bhattarai and Land Reform Minister Bhim Prasad Gautam on October 4, 2012

With reference to the cabinet decision on August 1, 2012 to amend the land registered in the name of Samarjung Company, Government of Nepal, as per the fresh survey, gives permission to register the land in the name of Pashupati Tikinchha Guthi in accordance with the proposal of Ministry of Land Reforms and Management sent earlier to the Social Committee of the cabinet for discussion on July 24, 2012 and do as stated in the proposal.Cabinet decision under Prime Minister Madhav Kumar Nepal and Minister for Land Reforms Dambar Shrestha on April 11, 2010Adjust 14 ropani and 10 aana land of the total 27 ropani and 7 aana land belonging to Lalita Niwas Camp in the name of Prime Minister's Official Residence after keeping aside the share of tenants, make necessary arrangements from Ministry of Land Reform and Management to reimburse or exchange the land registered in the name of tenants of the Lalita Niwas land, and work as per the agreement not to provide compensation to the land belonging to individuals (7 ropani and 3 aana) and that belonging to government (1 ropani and 11 aana) used while expanding road.Cabinet decision under Prime Minister Krishna Prasad Bhattarai and Land Reform Minister Jhala Nath Khanal on May 28, 1990

Expedite ongoing investigation process being carried out by Home Ministry on issue of the property seized for involvement in the struggle launched for restoring democracy in the country after 2017 BS. Also, lift the ban enforced on the property of various individuals for their involvement in democratic struggle.

Cabinet decision on July 23, 1990

Return the property as permitted by the ceiling determined by the government in case of house, land and other properties seized earlier. Home Ministry to act expeditiously in case of the seized property yet to be identified

Cabinet decision on August 19, 1990

In case of the land to be returned being more than the ceiling determined in Tarai (28 Bigaha), hills (96 ropani) and Kathmandu Valley (58 ropani), provide the owners an opportunity to choose the land they wish within the ceiling determined and provide only compensation in case of the remaining land that exceeds ceiling

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