Supreme Court Halts Confiscation of Jagadamba Kumari Rana's Excess Land

Kathmandu. Approximately 18 ropanis of land belonging to Jagadamba Kumari Rana (Queen Jagadamba), which has been in use for a long time, has not yet come under the government's name. The Supreme Court had previously ruled that Rana's excess land would remain private. Now, the government has appealed to the Supreme Court for a review, necessitating a hearing in a full bench once again. The dispute involves land that was declared private by a joint bench of Supreme Court Justices Dr. Kumar Chudal and Saranga Subedi, overturning previous precedents. The government then sought a review. The decision to keep the excess land private was made on Jestha 20, 2081, by the bench of Justices Chudal and Subedi. Following this, the government appealed to the Supreme Court, demanding the confiscation of 18 ropanis of land that was in excess of the land ceiling. Out of 598 ropanis of land located in the Shreedarbar Shreemahal complex in Pulchowk, Lalitpur, and various other locations in the valley, Queen Jagadamba had voluntarily announced that she would keep 58 ropanis and transfer the remaining land to the Nepal government. This announcement was made after the Land Reform Act, 2021 BS, came into effect, designating excess land for the Nepal government. The government's claim is that the legal document of a deed of trust granted for the operation of Jagadamba Press and the payment of taxes was misused for resignation purposes, which is against the law. The demand is to bring 17 ropanis and 13 annas of land, including 5 ropanis and 2 annas in Lalitpur Metropolitan City Ward No. 3, Kitta Nos. 80, 81, 82, 83, 84, and 85, under the government's name. The government also claims that an attempt was made to 'mislead' the government through the act of keeping this land in the name of Jagadamba Press. The review petition states, 'It is clear that land hidden in this manner is subject to confiscation under Section 18(1) of the Land Act, 2021.' Queen Jagadamba, through her representative Laxmi Prasad Devkota, had announced in 2018 BS that 5 ropanis and 2 paisa of land would be donated to Patan Campus. This land is also found to be in private names. The Dixit family has kept 2 ropanis, 1 anna, and 3 paisa of this land in the name of Jagadamba Press and 2 ropanis and 6 annas in the name of Madan Puraskar Library. Documents submitted to the Supreme Court include the land details as per survey no. 7 submitted by Queen Jagadamba Kumari on Jestha 26, 2021 BS, the application for land registration by Chandra Shekhar Gyawali on Falgun 8, 2025 BS, the application by Queen Jagadamba on Jestha 6, 2025 BS, the order of the Land Administration Office, Lalitpur, dated Jestha 17, 2025 BS, the decision notice of the Land Administration Office, Lalitpur, dated Magh 22, 2030 BS, the extract of the regional book as per survey map, the land ownership certificate in the name of Queen Jagadamba Kumari Rana, and the land ownership certificate in the name of Naraayani Sawmill's proprietor Chandra Shekhar Gyawali. The claim made in the Supreme Court is that the source of acquisition of the land received in the name of the former owner Jagadamba Press is tainted. In the case of the appellant Janardan Pandey and others versus the Ministry of Land Reform and Management, the Supreme Court has established the principle that 'for any property to be deemed private, its original source must be clearly established. The buyer must have acquired the property legally. However, if the source of the property is unclear, it should be considered public government property, not private.' This precedent is mentioned in Nepal Law Journal, Issue 5, 2076, Decision No. 10275, according to the government's claim. Queen Jagadamba, through her representative Laxmi Prasad Devkota, had announced in 2018 BS that 5 ropanis and 2 paisa of land would be donated to Patan Campus. This land is also found to be in private names. The Dixit family has kept 2 ropanis, 1 anna, and 3 paisa of this land in the name of Jagadamba Press and 2 ropanis and 6 annas in the name of Madan Puraskar Library. The Dixit family acquired this land in their press's name by showing a deed dated Poush 30, 2018 BS. Queen Jagadamba had declared her excess land, which was to be given to the Nepal government, but Kamalmani Dixit, through forgery, created various subdivisions of Kitta No. 86 and registered 10 annas to his brother-in-law Chandra Shekhar Gyawali and 4 ropanis, 9 annas, and 3 paisa to himself without authorization. Supreme Court Halts Confiscation of Excess Land by Land Reform Office The Commission for the Investigation of Abuse of Authority sent a letter to the Ministry of Land Reform in 2073 BS, investigating Kamalmani Dixit for hiding land while filling out the 'No. 7 Land Record' in 2021 BS. Based on that letter, the Land Reform Office, Lalitpur, decided to confiscate approximately 5 ropanis of land in Lalitpur Metropolitan City Ward No. 3 (Ja), Kitta Nos. 74, 90, 91, and 93, registered in the names of Dixit's son Kundamani Dixit and Kamalmani, on Shrawan 19, 2073 BS.

The disputed lands were found to have been legally transferred to the Dixit family in 2018 BS, before the Land Reform Act of 2021 BS came into effect, and therefore could not be considered hidden, the Supreme Court determined.

The joint bench of Supreme Court Justices Dr. Kumar Chudal and Saranga Subedi ordered on Jestha 20, 2081, not to confiscate Dixit's land. The court determined that the Dixit family had acquired the land through inheritance in 2018 BS and that the survey had not yet been completed when the land record was filled out in 2021 BS, leading to the details being filled based on the four boundaries. The court ruled that the difference in kitta numbers and area before and after the survey could not be considered 'hiding land.' Furthermore, the court stated that the Land Reform Office had made its decision solely based on the directives of the CIAA and correspondence from the ministry, without independently analyzing the evidence. The disputed lands were found to have been legally transferred to the Dixit family in 2018 BS, before the Land Reform Act of 2021 BS came into effect, and therefore could not be considered hidden, the Supreme Court determined. How Much Land Was There? The Rana family's main claim is that 58 ropanis of land in Lalitpur should be their share. Queen Jagadamba had 598 ropanis, 12 annas, 1 paisa, and 2 dams of land. There were also 11 bighas, 4 biswas, and 1 bisyansi of land in the Terai. The Land Act allowed for keeping 58 ropanis in the valley, 96 ropanis in hilly areas outside the valley, and 11 bighas, 4 biswas, and 1 bisyansi in the Madhesh region. The excess land beyond this ceiling from Jagadamba's land, amounting to 444 ropanis, 12 annas, 1 paisa, and 2 dams, was nationalized. The District Land Reform Department provided information, and based on that, a total of 198 ropanis, 12 annas, 1 paisa, and 2 dams, and 11 bighas, 4 biswas, and 1 bisyansi of land were claimed by Queen Jagadamba as the sole heir, and a survey was conducted. Queen Jagadamba's representative Chudamani Upadhyay executed a deed of consent on Baisakh 25, 2022 BS, stating that he would not take land exceeding the land ceiling.