Election Activities Banned in Jhapa Area Over Land Dispute, Affecting High-Profile Constituencies

Kathmandu. Jhapa is currently the focal point of politics. Jhapa, home to heavyweight leaders, is always a center of interest in almost every election. This time, that interest has increased even more. The situation has heated up further after Rastriya Swatantra Party (RSP) senior leader Balen Shah (Balen) chose the constituency previously contested by UML Chairman KP Sharma Oli.

However, in one part of Jhapa, candidates have been barred from entering. In Biratmod and Arjunhara, falling under the House of Representatives Constituency No. 2 of the district, locals have erected large banners declaring the area an 'Election Activity Prohibited Zone'. Local residents have banned candidates from entering this area in protest, citing the freezing of 51 bighas of land sold by Giribandhu Tea Estate.

The candidates in this constituency include former Speaker Devraj Ghimire from UML, former Deputy Speaker Indira Rana from RSP, Swagat Nepal from RPP, Sarita Prasai from Congress, and Dharmashila Chapagain from CPN (Maoist Centre). One local stated that no one has come to ask for votes yet.

Approximately 10,000 individuals are directly or indirectly connected to this land. They claim to be suffering mental stress and financial loss due to the state's inaction.

What is the dispute?

The Land Act of 2020 established land ceiling limits. According to this, permission from the government was required to hold land exceeding the specified limit, and such land could not be used for purposes other than its designated use or sold.

However, in 2052 BS (1995/96 AD), the then Council of Ministers permitted the relocation of the tea garden. Accordingly, in 2060 BS (2003/04 AD), the government led by then-Prime Minister Surya Bahadur Thapa liberalized the sale and distribution of those 51 bighas of land. In a case filed regarding this matter, the Supreme Court's full bench decision in 2065 BS (2008/09 AD) and the Constitutional Bench decision in Magh 2080 BS (Jan/Feb 2024 AD) clearly ruled that the land should not be confiscated and would only be counted for the purpose of the land ceiling limit.

Despite the clear order from the court, the Land Revenue Office Jhapa and related bodies have allegedly halted all legal transactions such as name transfer, buying/selling, mortgage registration, and map approval for the last two years, according to the committee.

The committee has decided not to allow any election-related activities within the premises of those 51 bighas, arguing that instead of implementing the court's verdict, they are being harassed. They have warned of boycotting the elections in that area if their demands are not met.

For this purpose, they have formed a 'Bus Park Coordination Committee'. The committee's chairman, Sujan Siwakoti, stated that a decision has been made not to allow any leader, candidate, or political party to conduct any election-related activities within the 51 bigha premises. He informed that boards mentioning 'Prohibited Zone' in black banners have been placed at various entry points for this purpose.

Slogans such as 'Immediately release the 51 bigha land' and 'Justice has been openly murdered here' are written on them. The committee has warned of boycotting the elections in the area if the demands are not met.

Currently, there are about 600 permanent houses in that area, divided into 1,153 plots, along with 200 temporary structures. Various businesses are operating there. The committee alleges that local life has become miserable because the Land Revenue Office has stopped transactions in an area where structures like a bus park, school, college, hospital, and temple have already been built.

Locals say that people are reaching a state of depression because they cannot even repay bank loans, treat the sick, or manage daily expenses. The victims expressed anger, pointing out the dual character where the local government collects taxes while the Land Revenue Office halts work.

Committee representatives complained that despite meeting high-ranking officials at the Prime Minister's Office, the Ministry of Home Affairs, and the Ministry of Land Reform multiple times after traveling to Kathmandu, they have received nothing concrete except assurances.