KATHMANDU, May 9: The Kathmandu Metropolitan City (KMC) has written to the Ministry of Land Management, Cooperatives and Poverty Alleviation (MoLMCPA) to de-register the private land owned by individuals within the Tukucha river channel and its riverbanks area.
According to the decision of KMC Mayor Balendra Shah, Chief Administrative Officer Basanta Adhikari wrote to the ministry on Monday. The letter states, "As it appears that the land within the flow area of the Tukucha river in the Hattisar area has been mistakenly registered in the names of individuals. Thus, the land registered in the names of individuals should be deregistered as soon as possible. Similarly, necessary action should be taken in relation to the management of the land for public purposes. A request is made for this purpose.”
Tukucha is a river, not a sewer, rules Patan High Court
Section 2 of the Property Act, 2034 BS considers the land under the jurisdiction of rivers and streams as government/public land. Section 24 (2) of the same Act stipulates that if government/public land is registered in the name of a particular person, such registration will automatically be canceled and the related land office or the official designated by the Government of Nepal will have to deregister it.
A decision of the Council of Ministers dated November 16, 2008 has banned the covering of rivers, rivulets and canals. That decision has set a clear standard that no physical structure can be built in the flow area of the Tukucha River and on the land of four meters to the right and left of it.
Contrary to the norm, the Tukucha River in the Hattisar area is completely covered with physical structure. Regarding the closing of the river, the High Court of Patan issued an order dated February 1, 2023 with necessary guidelines. The order drew attention to the option of keeping the Tukucha River open.
It is said in the letter, 'The Local Government Operation Act, 2074 (97 (1)) also assigns the responsibility for the maintenance and protection of government, community and public land within its area.' According to KMC, it is clear that the land within its jurisdiction cannot be registered in the names of individuals. After the order of the High Court, Mayor Shah said that none of the efforts put forward by the metropolis for the restoration of Tukucha have been wasted.
