KATHMANDU, June 12: The government has decided to implement a report on the encroachment of public and government land submitted by the Rawal Commission 31 years ago.
If implemented, the report could lead to the eviction of encroachers from 1,859 ropani, 14 aana, 3 paisa and 3 daam of public and government land identified as encroached across all 35 wards of the then Kathmandu Metropolitan area.
The decision was taken at Friday's Cabinet meeting.
Ganesh Bhatta, spokesperson for the Ministry of Land Management, Cooperatives and Poverty Alleviation, said discussions, studies and procedural preparations for implementing the report would begin on Monday.
The report has never been formally made public by the government. However, a senior ministry official said that some media outlets and organisations had obtained copies through the Right to Information Act.
The High-Level Commission for the Investigation and Protection of Government and Public Land, led by Ram Bahadur Rawal, submitted the report to the government in 1995. The commission had been formed on October 7, 1993, to prevent encroachment on public and government land, curb illegal land registration and protect public property.
Under the Land Act, 1964, the first nationwide land survey, including in Kathmandu, began in 1964. A second round of land measurement started in 1985. Using maps prepared during the 1964 survey as a baseline, the Rawal Commission identified and documented encroached public and government land and submitted its findings to the government.
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If the Cabinet's decision is implemented, it will open the way for authorities to remove encroachers from land identified by the commission.
According to a statement posted on the official Facebook page of the Office of the Prime Minister and Council of Ministers, the Cabinet decided to implement the Rawal Commission report in line with a directive order issued by the Supreme Court.
The Cabinet also decided to maintain systematic records of public and government land across the country and ensure their protection. The Ministry of Land Management, Cooperatives and Poverty Alleviation and the Ministry of Federal Affairs and General Administration have been directed to implement the decisions.
A proposal from 12 years ago
According to a senior ministry official, the government prepared a proposal in fiscal year 2013-14 allowing individuals occupying land identified by the Rawal Commission to retain ownership if they had already built permanent structures, provided they paid a penalty equivalent to twice the applicable amount.
"The proposal suggested registering the land in the name of the encroacher after collecting a double penalty if a permanent structure had been built. Land without permanent structures would be reverted to government ownership," the official said.
"The proposal was even sent to the Ministry of Law for opinion, but it was never implemented after the ministry refused to endorse it."
Although the Rawal Commission report has surfaced periodically in public discussions, no government had taken concrete steps toward implementation until now.
"If the report is fully enforced, even influential individuals who have built houses on land encroached along riverbanks could face action," the official said.
According to information posted on the Prime Minister's Office’s Facebook page, the then Kathmandu Metropolitan City contained more than 18,941 ropani of public and government land. By the time the Rawal Commission completed its study, more than 1,859 ropani had already been encroached upon.
The investigation found that 1,187 encroachers had occupied 308 plots of public and government land for private use. A further 6,906 individuals had added 1,762 plots of public and government land into their own holdings.
In total, the commission found that 8,093 encroachers had occupied 2,070 plots of public and government land.
Eight years after the report was submitted, advocate Prakash Mani Sharma and others filed a writ petition at the Supreme Court in 2003, naming the Office of the Prime Minister and Council of Ministers and other government agencies as respondents and seeking an order to implement the report.
On May 26, 2010, the Supreme Court issued a directive order requiring the government to implement the Rawal Commission report and investigate and take action against encroachments on public and government land elsewhere in the country.
Where was the land encroached?
According to a ministry official, the Rawal Commission report documented encroachment of ponds, stone water spouts, guthi land and land along riverbanks in the Kathmandu Valley.
Areas identified in the report include New Baneshwar, Chabahil, Boudha and Chuchepati, among others.
The report found two forms of encroachment: direct occupation of nearly 500 ropani of land and boundary encroachment affecting around 1,300 ropani.
