Responding to a contempt of court case filed by noted advocate Madhav Basnet, a single bench of SC Justice Bharat Raj Uprety ordered Minister Shrestha, Chief Secretary Ghimire and DG Sharma to appear in court with written clarifications as to why they did not implement the court order. [break]
Advocate Basnet had filed the contempt case after government official failed to collect details within 180 days concerning those owing land over the ceiling, as directed by the apex court on January 20, 2010.
The apex court had also directed the government six months back to identify by name, address and other details those owing more land then the legal limit, take over such lands and distributing these lands to the landless.
As per the Land Act (Fifth Amendment) -2001, one person cannot possess immovable property exceeding 30 bighas (20.319 hectares) across the country.
Earlier, on August 18, 2009, advocate Basnet had filed a writ petition at the apex court against government authorities, stating that they failed to issue a 35 days´ notice and collect records on those owning land in excess of ceiling and claiming that the government did not distribute such lands to landless people as per the amended legal provisions.
- Govt failed to take over land from those owing in excess of ceiling
- SC´s six-months-old order to take in lands over ceiling and distribute to landless in limbo
- Deputy PMs, ministers possess land in excess of ceiling
"The government failed to collect details about the land owners. It also did not acquire lands held in excess of ceiling," reads the writ petition Basnet filed a year ago, adding, "Government authorities failed to conduct their duties as per the provisions of the amendment Land Act."
Responding to the writ petition, a division bench of apex court Justices Bal Ram KC and Prakash Wasti on January 10, 2010 ordered government officials to first collect details on those holding land exceeding the ceiling, acquire such lands from the owners and distribute them to the landless, all within 180 days.
After the court order, officials from the Ministry of Land Reform and Management had requested the apex court to give them three more months to carry out the court order.
But a division bench of apex court Justices Avadhesh Kumar Yadav and Mohan Prakash Situala, on April 15, 2010, issued an order refusing to extend the time as the officials had done nothing during the time already allotted them.
Following the apex court order on April 15, government authorities had to compile records on those owing land more than the legal limit and distribute such land to landless people.
Meanwhile, it has been disclosed that some half a dozen ministers in the caretaker government possess lands in excess of ceiling.
CPN-UML Minister Rakam Chemjong possesses 81 ropanis in Chulachili of Ilam district, 50 ropanis in Rajarani of Dhankuta and 70 ropanis in Singhadevi VDC of Morang.
Likewise, Deputy Prime Minister and Minister for Physical Planning and Works Bijaya Kumar Gachchhadar, Deputy Prime Minister and Minister for Foreign Affairs Sujata Koirala, and Ministers Mahendra Prasad Yadav, Minendra Rijal and Sharad Singh Bhandari own lands over the legal limit.
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