A Supreme Court (SC) order handed down by the single bench of Justice Ramkumar Prasad Shah says that the CIAA misused its jurisdiction and powers while reaching a decision allowing individuals to registrar state land in their names, in defiance of SC and Patan Appellate Court verdicts.[break]
Kanchhi Tandukar and Purna Bahadur Tandukar had registered nearly 12 ropani of state land located in Buddhanagar, Kathmandu in their own names.
The registration of the land was scrapped following a verdict of the Patan Appellate Court on December 26, 2006.
The SC upheld the Appellate Court verdict on January 2, 2009. But in blatant violation of jurisdiction and misuse of powers, the CIAA on January 1, 2010 flouted the court verdicts and took a controversial decision allowing the Tandukar duo to registrar the government land in their names.
Interestingly, CIAA officials themselves disclosed that two former commissioners of the CIAA---Lalit Bahadur Limbu and Ved Prakash Sibakoti -- had taken the controversial decision just three day before their retirement. They retired on January 3, 2010.
"It is true that the two former commissioners took that decision. But I cannot comment on the matter as it is still sub-judice," admitted CIAA Spokesperson Ishowari Paudyal.
Following the CIAA´s controversial decision, Kiran Tandukar had filed a writ petition at the SC demanding that the commission´s decision be ruled null and void.
Acting on the writ petition, the bench said that the CIAA´s decision was in contravention of decisions of the courts.
"The constitution does not allow the CIAA to take any decision in defiance of court verdicts. But it has been found that the CIAA allowed the two individuals to registrar government land in their names in violation of a court order, something that is also against constitutional provisions.
"The petitioner could face irreparable losses if the commission´s decision comes into effect. Hence, the bench hereby issues a stay order blocking the CIAA and the Tandukar duo from registraring the land," reads the order.
The bench has also ordered the CIAA to furnish written clarifications why it took such a controversial decision.
"The bench hereby orders the CIAA to furnish written clarifications within 15 days," the order says, adding, "CIAA officials or their representatives are asked to appear before the court with the clarifications."
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