Compensation Dispute Escalates: Jayanagar-Bardibas Railway Evictees Threaten to Halt Construction

The compensation dispute between affected victims and the government regarding the Bardibas section of the Jayanagar-Bardibas Railway Project has reached a climax. Local victims, who have been demanding compensation and appropriate relief for the past seven years, have arrived in Kathmandu again.

While the Railway Department claims the resolution process is in its final stages, the affected railway victims have warned of completely halting the work if a concrete decision is not made within 10 days.

According to Uddhav Budhathoki, a railway-affected victim from Bardibas, the government has broken the limit of their patience. He warned of completely stopping the project work if a concrete decision is not reached within 10 days. However, the Director General of the Railway Department, Harikumar Pokhrel, assured the victims that they would soon hear 'good news.'

The compensation dispute involving 14 houses, which began in 2075 BS, has still not been resolved. According to victim Budhathoki, this problem is the result of administrative delays and bureaucratic apathy rather than legal issues. Most of the land in the compensation-determined area of Bardibas is listed as 'registration exempt.'

'We have been living there for 60 years. At that time, the landlords only kept our names in the ledger for fear of land ceiling laws, without obtaining title deeds,' Budhathoki said. 'This is not public land; it is equivalent to registered land. Even though the municipality and the CDO office issued notices multiple times, no one claimed ownership, but the government is still misleading us under the pretext of lacking title deeds.' He also stated that there has been gross injustice in land classification. Compensation has been determined in 3-4 different rates based on distance from the road—one rate for land up to 30 meters from the road on the same plot, and another rate for land further back. Budhathoki asks, 'We have to pay taxes at the same rate, but receive different compensation amounts? What kind of justice is this?'

Department's Positive Assurance

After a long period of uncertainty, the Railway Department has indicated that the current situation has taken a positive turn. Director General Pokhrel informed that a tripartite discussion was recently held between the Minister of Physical Infrastructure and Transport, the Secretary, and the victims' side, and the discussion was very positive.

'There was a tripartite discussion between the Minister, the Secretary, and the victims. The atmosphere has become very positive,' said Director General Pokhrel. 'The process is moving forward; the department has sent the necessary documents and files to the ministry. It can be expected that the victims will hear good news soon.'

According to the department, the ministry is currently studying the file and preparing to present it to the Council of Ministers for a decision soon. However, since a concrete decision has not yet been made, the department has not publicly disclosed the compensation rates or detailed information. The department mentioned that on Magh 18, it sent a proposal regarding the resettlement and relief of railway victims to the Ministry of Physical Infrastructure and Transport.

Victims Weary of Bureaucratic 'Ping-Pong'

Although the Director General assured 'good news,' the victims remain unconvinced. They complained that they have received many such assurances in the past, but nothing has materialized. They believe that the trend of changing the Department's Director General every 6-6 months and changing ministers has made them victims of 'ping-pong' (being strung along).

'We have seen four ministers and many DGs change. The Secretary says the file must go to the Cabinet, the Department says it sent it to the Ministry, and when we go to the Ministry, they say the file hasn't arrived,' Budhathoki expressed his frustration. 'Only after meeting the Secretary the other day and asking why the file was held up did we find out the file had reached the Ministry. A file sent a month ago arrived just one day before. How long will this deception continue?' He argued that immediately after the change of the Railway Department's Director General, the compensation process that had advanced under the previous DG, Ajay Mul, was restarted from zero with paperwork when the new DG Pokhrel took charge.

Furthermore, Budhathoki stated that due to the unresolved compensation, the victims are living in extremely difficult conditions at the project site. They complain that the dust from the bulldozers, loaders, and tippers operating day and night is causing health problems for the elderly, children, and those with chronic illnesses. Budhathoki says, 'It is impossible to live there due to the dust and smoke. Where can we go without alternative arrangements? The government neither provides compensation nor stops the work.'

10-Day Ultimatum: Warning to Halt Work

Budhathoki stated that this time they have given the government a final chance. He reiterated the warning that if their demands are not addressed by a decision from the Council of Ministers within 10 days, they will completely obstruct the railway work in the Bardibas section.

'We have given a 10-day deadline. If our demands are not addressed within this time, we will be forced to stand in front of the bulldozers,' he said. They insist that even if they do not receive compensation under the title of 'title deed-less' land, they should receive compensation and relief amounts equivalent to the current market rate and the rate given to other lands in the vicinity (up to NPR 6.1 million per Katha).