Petition demands protection of 'encroached' Nepali land near Birgunj

Published On: January 24, 2018 06:00 AM NPT By: Republica  | @RepublicaNepal

KATHMANDU, Jan 24: A Public Interest Litigation (PIL) was lodged at the Supreme Court (SC) on Tuesday, requesting a court order to government authorities to protect Nepal's border at Birgunj from neighboring India.  

Advocate Yagyamani Neupane, who hails from Ward No 9 of Fungling Municipality, Taplejung district, filed the PIL, seeking the apex court order to government authorities - the Office of the Prime Minister and Council of Ministers, the Ministry of Home Affairs, the Ministry of Foreign Affairs, the Department of Survey and Chief of Nepal-India Border Team, Ramesh Gyawali - to protect Nepal's border by preventing the Indian authorities from installing border pillars on Nepali land. 

Stating that the Sugauli Treaty of 1816, its supplementary treaty, and 1860 and 1857 treaties signed between Nepal and India have maintained the border between India and Nepal, the petitioner asked the apex court to direct the government authorities to prevent the Indian authorities from installing pillars which may go against the original border demarcation between the two countries. 

Claiming that the Indian side has encroached 300 meters into Nepal while installing the border pillars near Chhapakaiya area near Sishaiyadhar Khola, Birgunj Metropolitan City, resulting in Nepal losing more than 50 bighas of land, the petitioner has urged the apex court to protect the Nepali land being encroached upon by India. 

Also stating that many people have already complained to the authorities to protect the land by showing their land ownership certificates of the encroached land on the basis of the original border map but the authorities have done nothing, the petitioner has sought the apex court intervention to protect Nepal's land. The petitioner has demand immediate intervention by the court through a stay order as per Rule 49(1) of the Supreme Court Rules, 2017 to protect the land. 

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