KVDA’s letter sparks dispute with Ministry of Land Management

KATHMANDU, Feb 3: The Kathmandu Valley Development Authority (KVDA), in mid-January, instructed all land revenue and survey offices in the valley to obtain its prior approval for land plotting for commercial purposes, except in cases of inheritance division. This directive has triggered a dispute between the authority and the Ministry of Land Management, Cooperatives and Poverty Alleviation (MoLCPA).

MoLCPA spokesperson Ganesh Bhatta stated that ministry officials believe the directive makes the authority’s recommendation mandatory for any land transaction or plotting in the valley.

Bhatta stated, "The Land Use Act 2076 BS and the Land Use Regulations 2079 BS allow land plotting in the valley with a minimum area of 130 square meters. Therefore, the circular sent by the KVDA to the land revenue and survey offices is unlawful, and we have no basis to accept it."

The ministry called senior officials of the authority last Wednesday to discuss the letter sent by the authority. Subash Basnet, the head of the Kathmandu project, and legal officer Ghanshyam Paudel represented the KVDA, while Joint Secretary Madan Koirala attended the meeting from the ministry.

During the discussion, senior officials from the MoLCPA expressed strong dissatisfaction, stating that the KVDA had overstepped its jurisdiction by sending correspondence directly to the survey and land revenue offices. In response, officials from the KVDA clarified that, as an autonomous body, it can send letters directly to the survey and land revenue offices.

"A communication with the ministry is necessary for the KVDA when it needs clarification. The MoLCPA will discuss the KVDA's proposals internally and will only send circulars to the survey and land revenue offices if necessary," said a senior official from the MoLCPA. "However, the letter sent by the KVDA to the land revenue and survey offices is creating fear and chaos within these offices."

"At a time when there is a slowdown in land transactions across the country, the rule requiring the authority’s recommendation for every land plotting and transaction in the valley will bring the real estate business to a standstill,"said Basnet.

Ghanshyam Paudel, the legal officer of the KVDA, explained that the KVDA sent a letter to the land revenue and survey offices, stating that, except for inheritance division, prior approval from the KVDA is mandatory for land plotting for commercial purposes. "We have sent the letter as per Section 13(6) (a) of the Kathmandu Valley Development Authority Act 1988 and the Urban Development and Settlement Plan Standards 2072 BS,” he said, “Therefore, we have sent the letter in accordance with the law."

He explained that the Kathmandu Valley Development Authority Act applies to the three districts of Kathmandu Valley–Kathmandu, Bhaktapur, and Lalitpur–since they fall under the authority's jurisdiction. "The Land Use Act and the Land Use Regulations apply to the 74 districts outside the Kathmandu Valley, but in the Kathmandu Valley, the KVDA's act is applicable,” he said “It seems they have mistakenly treated the three districts of the valley the same as the other districts."

In response, MoLCPA spokesperson Ganesh Bhatta argued that the KVDA's act applies only to land development programs within the valley, while the Land Use Act and Land Use Regulations are applicable to areas outside these programs.

He said, "The KVDA's act specifies that no one's land can be held for more than three years, but the KVDA has been holding citizens' land for over ten years under the smart city project."

The KVDA has sent letters not only to the land revenue and survey offices in the valley but also issued similar circulars to all ward offices. All circulars carry the reference number dated January 13. Additionally, the KVDA has sent copies to the Commission for the Investigation of Abuse of Authority (CIAA) and the Ministry of Urban Development for their information.

MoLCPA spokesperson Bhatta said that the KVDA's letter would create more trouble for service recipients and make it harder for survey and land revenue employees to work. In contrast, the KVDA's legal officer Paudel argued that the letter was necessary to increase open spaces and establish a well-organized city in the valley.

Meanwhile, the CIAA sent a letter to the ministry last year, recommending adherence to the criteria specified in the Land Use Regulations 2079 BS for land plotting. An official from one of the survey offices in the valley confirmed that they are currently following the instructions outlined in the CIAA's letter.