The ongoing institutional conflict between Marwari Sewa Samiti (MSS) and Pashupati Area Development Trust (PADT) has not only taken an overt situation, it is also taking a nasty turn, as both sides are digging trenches and are determined to use force to outwit the other. At a federal level, MSS is seeking protection and support from Nepal Police while PADT is, indirectly, using Kathmandu Municipality Police force, at local level, via hurriedly drawn out contract to lease out the property to KMC, as a legal ground for forcefully eviction.
The unfolding of the drama resembles a recent nasty dispute between KMC and the Department of Roads over the expansion of pavements in New Road. Nobody knows the exact situation of the dispute.
When two institutions of the state are deeply embroiled in an overt conflict and when there is no mechanism to resolve disputes, something must be grossly mistaken with our federal structure. This does not bode well for FDR Nepal that is supposed to be secular and inclusive. Virtually, the dispute is like washing dirty linen in public.
The dispute is taking a nasty turn as the disputants are indulged in charges and counter-charges, blaming each other and coming up with absurd explanations. PADT officials are charging MSS coveting the properties of Lord Pashupatinath while MSS is counter charging PADT for seeking their forceful eviction, undermining the spirits of Hinduism and philanthropic activities by encouraging Muslim and Christian activities.
Some individuals are stoking communal tensions by drawing a line of demarcation between Marwaris and Non-Marwaris. What is the nature of the dispute—legal, religious, communal, or even political?
What is the dispute?
The dispute seems to have been going around since a long time. It is about the ownership and management of the plot of land and buildings at the cross-roads of Gaushala that is managed by MSS but the ownership of the land rests with Pashupatinath - the holiest shrine of the Hindus. The history extends a way back to the earthquake of 1990 BS (1934 AD) when the Marwaris - renowned business community - got active into philanthropic activities. MSS claims that the then PM Juddha Shumsher, pleased with the works of the Marwaris allotted a plot of land (more than 9 ropanies) in 1997 BS (1941 AD) to run a gaushala (cow-shed) so that daily supply of milk to the Lord Pashupati temple be assured in perpetuity.
During the last 84 years, there has been lots of transformation in terms of population pressure, urbanization, hiking of land prices, visitors inflow, regime changes, formalization and institutional arrangements to own and manage the plot of land. While there are various turning points in history, the real dispute seems to have ignited after 2060 BS, when MSS signed a formal contract agreement in perpetuity with PADT to operate the gaushala, promising to provide financial assistance (not rent) to PADT. The entry of the CIAA in 2067, which sought to annul that agreement on the grounds that it should be time-bound and that the Rs 51,000 annual payment is minimal, has escalated the dispute into a legal battle. At first, the CIAA was able to secure court approvals on its directives but the Supreme Court quashed it. This reminds us why CIAA jurisdiction was expanded to cover corruption in the non-government sectors as well.
Fast forward to 2080, PADT unilaterally quashed the agreement as PADT officials were not happy with the agreement, while the MSS sought for redress at the Kathmandu District Court. On 2081-6-16, the court gave a verdict that PADT retains the right to manage its property. However, the court is yet to publish its full verdict and MSS claims it has a right to appeal against the court verdict. By 2081-6-22, exactly six days after the court verdict, PADT signed an agreement with KMC allowing it to manage the gaushala property and, the very next day, KMC sought to evict MSS using the municipal police force. No one is sure how the drama is going to be unfolded and folded.
The Contentious Issues
For the ease of understanding, the differing points of views on contentious issues and point of views of the disputants, I have summarized them in Table 1.
Marwadi Sewa Samiti protests against dozer operation at Pashupa...
Table 1: Contentious Issues in MSS and PADT Dispute over Managing Gaushala Property
Issues | MSS view points | PADT view points | Facts |
Tenancy Rights | We are tenants of the property held since 1997 BS (1941). And cannot be evicted forcefully. | MSS holds no tenancy rights, there cannot be tenancy rights on the property of Pashupati Guthi, this is a forceful occupation of the property. | For the last 84 years MSS has been occupying this property and it has also made huge investments and expanded its philanthropic activities. |
Annual Rent/Financial Assistance | Rs51,000 annual payment to PADT is a financial assistance made from 2060 onwards only, MSS is not obliged to pay this amount, it is not a rent. | This is peanuts compared to the value of the property held and earnings received by MSS. | Both parties agree to increase this amount but there is disagreement over the increment and drawing draft agreement. |
Interpretation of Court Verdict | MSS claims rights to appeal once the full verdict is made public. | MSS has lost its case and is illegally holding PADT property. | PADT has made a hasty decision to contract out the property with KMC. |
Financial Transparency | Our books of accounts are audited and hence transparent | MSS is exploiting, it is not supposed to rent out property, run medical services and lodges. It is diverging from its mission of managing gaushala. | Only a third party can establish financial transparency and hanky-panky deals. |
KMC Action | KMC is taking forceful action to evict that too, on the eve of Dashain festival. | KMC actions are legitimate, due notice has been served to MSS. | If it is true that there is no formal agreement signed with KMC to run gaushala property but only an agreement to coordinate and secure its property then KMC is taking immature actions. |
Land Disputes are Complicated
If tenancy right is the centrality of this dispute, imagine the consequences of evicting an institution that has been managing the property for the last 84 years. If the state cannot evict illegal squatters from Bagmati river banks, I suppose, our youthful mayor of KMC - with lots of jos (energy) with little or no hos (presence of mind) - better think twice before playing communal, religious or even political fire (also read my earlier writing Mister Terminator, June 21, Myrepublica).
One thing that needs to be noted here is that all disputes related to land are getting complicated. This applies to Lalita Niwas, Giribandhu Tea Estate, Bansbari Shoe Factory, eviction of squatters from Bagmati or even new standards to demarcate river banks. CPN-UML, one of the ruling parties, is currently dragged into a controversy over accepting 10 ropanies of donated land from a businessman to construct Party HQ at Kalanki, Kathmandu.
