Janasewa Secondary School Involved in Land Sale and Transfer

Morang. Janasewa Secondary School in Kanepokhari Rural Municipality-6 (formerly Bairban-8) has been found to have sold and transferred land belonging to an individual using its own letterhead. The Land Reform and Revenue Office has the authority to sell and transfer land. However, it has been found that the school itself has been handling land revenue matters, and that too, by selling private land using the school's letterhead.

The land in question is in the name of 62-year-old Rohitram Phuyal. Phuyal still possesses the land's land ownership certificate. He continues to pay taxes to the government, but 14 kattha 3 dhur of his registered land is occupied by 14 families who have built houses on it. These families have documents prepared by the school regarding land ownership.

According to the documents received, Janasewa Secondary School has presented itself as the owner of the land and has distributed it to various individuals and transferred names. A letter issued by the school on January 15, 2052 BS (1996 AD) states, 'Land has been transferred.'

The letter mentions that the land was transferred to Laxman Shrestha, and it bears the signature and seal of the school's principal. The letter also shows that the school collected a fee of 100 rupees for the name transfer, but the question of on what legal basis the school transferred private land to someone else remains unanswered.

Not only this, the school has written letters to various individuals stating that it has sold and distributed land, and based on those letters, locals have been claiming ownership of that land. A document from 2060 BS (2003 AD) mentions purchasing a plot of land from the school or the market committee. It is outright fraud and forgery for the school to allow others to occupy the land without the owner's permission and to recommend it.

Rohitram Cheated from Panchayat Era to Republic Era

The beginning of such activities dates back to October 15, 2039 BS (1982 AD). Rohitram's father, the late Narapati Phuyal, was of a simple nature. He owned 14 kattha 3 dhur of registered land in plot no. 681. The then Village Panchayat Chairman DN Rai and Ward Chairman Prem Prakash Parajuli trapped Narapati in a scheme.

They told Narapati, 'We need to hold a market on your land, give this land to the Panchayat. In return, we will give you a job as an office assistant (peon) at Janasewa Secondary School and arrange 2 bigha of uncultivated land elsewhere.'

Under the temptation of a job and pressure from powerful Panchayat figures, Narapati signed a plain paper. He got the job, but he neither received the promised 2 bigha of land nor got his registered land back. The Panchayat seized his land and handed it over to the Village Panchayat and the school. From that time onwards, the 4 kattha of land received by the school was sold and distributed.

Currently, 14 families, including Chandrakala Poudel, Ratna Bahadur Poudel, Laxman Shrestha, and Krishnakumari Karki, have built houses and huts on that land. They claim to have bought the land from the school or the Panchayat. Apart from those illegal documents provided by the school, they do not have legal land ownership certificates.

On the other hand, the actual owner of the land, Rohitram Phuyal, has been undergoing treatment for the past four years due to kidney failure in both kidneys. Rohitram has paid land tax (tiro) up to Mangsir 2081 BS (November 2024 AD). He has kept the original (red) land ownership certificate issued in 2034 BS (1977 AD) safe. 'My land ownership certificate is in my name, I am paying the tax, but the rural municipality spends budget and builds sheds on the land by letting others occupy it,' said Rohitram.

Rohitram's son, Senjam Phuyal, has submitted applications to Kanepokhari Rural Municipality and the District Administration Office seeking justice. Based on his application, on Saturday, the rural municipality's chairperson Rajmati Ingnam convened an all-party meeting. Chairperson Ingnam stated that it was found that the school had sold the land during the discussion.

'It was found that the school itself sold the land there,' she said. 'An application has been received to vacate the land. Efforts are being made to resolve this.'

Chief Administrative Officer Hirakumari Yadav admitted that the land is legally in Phuyal's name.

It is a completely illegal act for the school to transfer land names or recommend sales using its letterhead. Some local representatives of the municipality believe that the then principal and Panchayat representatives involved in such acts should be legally prosecuted. However, some representatives disagree. Vice-chairman of the municipality, Bhola Adhikari, had sent Phuyal's application to Chairperson Ingnam, stating that he would not discuss the application that had reached the judicial committee.

Currently, the process of reclaiming government and encroached land is underway across the country. The demolition of structures built on government land in Kathmandu has given hope to Rohitram of Morang. Senjam, Rohitram's son, says, 'We do not want to displace anyone, but we must get our registered land back. This is a crime committed by the school. It must be rectified.'

The school's principal, Pramod Niroula, said he would not comment on the land issue. 'I will not say anything about the land issue at the moment. Surveying is ongoing. It has not been confirmed whether it was sold or not. The concerned bodies have sought a response. I will let you know after responding,' Niroula said.

However, during the sale and purchase of the school's land, Tularam Gurung was working as the principal, and Tara Kafle was the secretary of the then Village Development Committee. Kafle was elected as the chairman of Bairban Village Panchayat in the 2054 BS (1997 AD) elections and was also elected as the chairman of Kanepokhari Rural Municipality in the 2074 BS (2017 AD) local level elections. Chairperson Ingnam of the rural municipality stated that the discussion held by the municipality with more than three dozen stakeholders, including Kafle, could not reach any decision.