KATHMANDU, Feb 15: While people and organizations who have embezzled public land are being prosecuted across the country, Nepali Congress (NC) Member of Parliament (MP) and contractor Dipak Khadka, who illegally occupied Nepal Scout's land, has been spared. Khadka was saved under the guise of authority and power even when Nepal Scout filed a complaint with all government agencies demanding the return of the land.
Even industrialist Arun Chaudhary was arrested when the government started recovering the land of the Bansbari Leather and Shoe Factory. But Nepal Scout, another agency of the government, demanding the return of the land occupied by MP Khadka, has not been able to get justice even after calling various agencies.
"We have informed all law enforcement agencies about the injustice," said Ram Prasad Bhattarai, head of Office and Director of Nepal Scout. Nepal Scout has been asking for help from all agencies regarding the occupation of land under the guise of power. But MP Khadka has not given up on the land.
The land has evolved into an impromptu gathering place for NC leaders and workers. Khadka, an elected MP and former minister from Sankhuwasabha, has been occupying the land of Nepal Scout for the past five years in an unauthorized manner. He has occupied the land and property of Scout located in Lainchaur, Kathmandu Metropolitan City-26.
NC leader Khadka's 'Khadka Land Developer Pvt Ltd', in collusion with the then officials of Nepal Scout, has forcibly occupied three ropanis of land leased in the year 2065, even though the 10-year contract period has already expired.
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According to an employee of Nepal Scout, Khadka extended the agreement to 15 years through forgery, but Nepal Scout asked for its land back saying that the agreement was over. "The then official has been found to have leased the land of Nepal Scout to Khadka against the Contract Act," said the source.
According to the Nepal Scout staff, as per the two-party agreement, Khadka’s company was allowed to use only five and a half ropanis of land including parking. But he grabbed another one and a half ropanis and occupied seven ropanis of land illegally.
Khadka’s company has been operating Lainchaur Banquet on three ropanis of land leased in 2065. The same company, contrary to the agreement, has built a physical structure opening a restaurant named My Choice. Not only that, even the rent of Rs 60 million has not been paid.
Khadka's company also got a contract to lease two commercial buildings of Nepal Scout. That amount is also outstanding. The first of the two commercial buildings has 36 shops and the second has 12 shops. Out of these two buildings, the first building was tendered in 2063 BS and the second in 2064 BS to Khadka Land Developer Pvt Ltd.
It is mentioned in the document provided by Nepal Scout that the rent is still due. After Khadka's company did not leave the land for five years, Nepal Scout tried to remove it by issuing a notice. But it was stopped after Khadka filed a case at the district court.
The district court ruled in Khadka's favor, but Khadka's case was overturned after Nepal Scout appealed to the High Court stating that Khadka had occupied the land against the rules. Even though the High Court overturned the decision of the district court that was in favor of MP and NC leader Khadka, it has not yet been implemented. "There is a lease agreement for three ropanis but he has occupied 12 ropanis of Nepal Scout land for 15 years forcibly," said an employee of Nepal Scout.
In the Nepali month of Asar in 2079 BS, a joint bench of Patan High Court Judges Rajendra Kharel and Narishwor Bhandari overturned the District Court's decision while hearing Nepal Scout's writ petition. The appeal was filed on the grounds that Khadka had unauthorizedly extended the 10-year contract by five years to 15 years by putting Nepal Scout employees under financial influence.
In the year 2075, Khadka filed a case at the Kathmandu District Court after being asked by Nepal Scout to vacate the land. After the court ruled in Khadka's favor on 18 Asar 2076, Nepal Scout approached the High Court. After the then coordinator of Nepal Scout Lok Bahadur Bhandari filed an appeal at the High Court, the District Court’s decision was overturned.
Even though former minister Khadka runs a business including a banquet, a restaurant and a workshop on the land which he has occupied illegally, he still owes the rent to Nepal Scout. Due to political influence, he has taken the commercial building of Nepal Scout with 48 shops for 16 years at a nominal price and rented it expensively. However, Nepal Scout has not even been paid its rent.
Ram Prasad Bhattarai, head of office and director of Nepal Scout, said that he has completed his process in a lawful manner. "We have completed the process according to the matters indicated by the Contract Act, we have also informed about the court order but it has not yet been implemented," said Bhattarai.
According to him, all concerned agencies’ attention has been drawn. "We have taken initiatives with the metropolis, the court, the police, everywhere, we are constantly on the alert, one day we will definitely succeed," said Bhattarai.
Point 6 of the 20-point agreement reached between Nepal Scout and Khadka Land Developers effective from Bhadra 2066 BS states that the contract period of the land will be 10 years. However, three years later, in a meeting chaired by the then Chief Commissioner of Nepal Scouts Shree Ram Lamichhane, it was found that the contract period was seven years remaining and five years were added in the minute.
But that minute is not with Nepal Scout but only with Khadka, an employee of Nepal Scout claimed. "We don't have that minute but it is only with the other party, and that is where we suspect forgery," said an employee of Nepal Scout.
