Oli government faces scrutiny over Bhaktapur land 'loot'

Kathmandu, November 20 — Singer Pashupati Sharma's song "Lutna sake lut kanchha, lutna sake lut, aru deshma paindaina Nepali ma ho chhut" (Steal if you can, steal if you can, this freedom is only in Nepal) was banned by the government during the tenure of Prime Minister KP Sharma Oli's previous term in 2019. 

Ironically, the leadership of the same government now, under Oli, has allowed a situation to unfold in which valuable government land in Bhaktapur's Sallaghari area is being transferred to an individual at a nominal price. This situation raises questions about whether the Oli government will address such "loot" style transactions.

In the general urban areas of Kathmandu, Lalitpur, and Bhaktapur, the cost of land typically ranges from 3 to 5 million rupees per aana. However, a recent case brought before the Supreme Court revealed that 4 ropanis (1 ropani = 5,400 square feet) of government land in Bhaktapur's Sallaghari was sold for just 7.55 million rupees.

This issue has been under litigation since 2019, with Timber Corporation of Nepal (now called Forest Regulatory Limited) claiming ownership of the land. Timber has filed a review petition in the Supreme Court, which is still pending. The petition shows a dispute between Achyut Tamrakar and Timber Corporation regarding the 5 kitta of land in Sallaghari.

Earlier, an auction was held for 13 ropanis of land, of which 8 ropanis were transferred to Tamrakar. On December 1, 2011, Tamrakar had deposited a guarantee to secure the land. On March 4, 2020, the Supreme Court ruled in Tamrakar's favor, ordering the transfer of ownership of the land. The court's decision was upheld on July 9, 2019, with the two judges, Purushottam Bhandari and Manoj Sharma, issuing the ruling.

However, Timber Corporation, after re-evaluating the current value of the land, has petitioned the Supreme Court to reconsider the decision, claiming that the transfer should not occur without first addressing the discrepancies in valuation. The first decision also noted that any transfer of government-owned or controlled lands required the approval of the Nepalese government.

On April 27, 2021, Timber filed a review petition with the Supreme Court, and the case has been repeatedly scheduled for hearings but has yet to be resolved. Six hearings have been scheduled, but none have taken place, and the case remains unresolved. The next hearing is set for November 21.

Previously, in an auction in December 2011, Tamrakar had purchased 8 ropanis of land worth 14.29 million rupees. Tamrakar is now claiming ownership of 4 ropanis and 11 aana of land for 7.55 million rupees. The dispute remains unresolved as the land's ownership has not been transferred.

In 1954, the Timber Corporation, after a disastrous flood and landslides caused by heavy rains, was tasked with helping rehabilitate displaced people by harvesting and processing timber. The Timber Corporation of Nepal Limited was established in 1961 under the government’s initiative to manage forest products and supplies. Initially, the corporation collected timber, distributed it in large cities like Kathmandu, and supplied fuel to various industries.

However, as community forests began to replace government-managed forests, the Timber Corporation's operations began to decline. Once, the corporation paid as much as 32.7% in bonuses to its employees, but with financial difficulties, the corporation faced collapse. In 2018, the Nepal government merged the Timber Corporation with the Forest Products Development Committee to form the Nepal Forest Corporation.

In 2002, the Timber Corporation began an auction to sell off land in Bhaktapur, which eventually led to the current dispute. Despite years of litigation, the case remains unresolved.