Giribandhu Tea Estate Clarifies Land Ownership Status
Kathmandu, Representatives of Giribandhu Tea Estate have stated that land acquired legally through purchase is private property and cannot be termed as "government-granted." The clarification came during a meeting of the Agriculture, Cooperative, and Natural Resources Committee held at Singha Durbar on Monday.
Legal Basis for Land Acquisition
The company argued that its land was obtained in compliance with existing laws, specifically citing Section 12 (Ka) (2) of the Land Act. This provision allows industries, companies, or projects to acquire land beyond standard limits if approved by a government-notified order. Krishna Prasad Bhandari, a representative of the tea estate, explained that the company legally purchased 353 bighas of land for tea cultivation and production under this provision.
Challenges in Tea Cultivation and Land Use
Bhandari highlighted that the initial land ceiling of 10 bighas per individual or entity was impractical for commercial tea farming. Consequently, the government issued a separate order permitting up to 500 bighas for tea plantations. He emphasized that the acquired land is private property, not a government grant.
Legal Provisions for Land Transfer
Section 12 (Ga) (2) of the Land Act permits the transfer or exchange of land used for agriculture, industry, or institutions if valid reasons are presented. Bhandari stated that Giribandhu Tea Estate followed due process to obtain approval for land exchange after facing difficulties in continuing tea cultivation in the original location. However, the matter became controversial soon after approval, reaching the Supreme Court.
Supreme Court’s Stance
According to Bhandari, the constitutional bench acknowledged the validity of the amended land swap provisions but identified procedural flaws in the Council of Ministers’ decision. The court ruled that approvals could be granted with certain conditions. The case remains a point of legal and policy debate regarding land use and corporate farming regulations.
