In a separate written clarification sent to the apex court last week, they have urged the SC to scrap the petition stating that the government had formed a high-level study committee to recommend appropriate measures for the management of the embassy premises. [break]
“The committee was not formed to sell off the embassy property,” reads a three-page written clarification sent by Chalise.
He has maintained that the government has the right to take final decision on the issue keeping in view of the recommendations made by the committee but the government has not taken any decision in this regard.
Chalise has said that there is no provision in the lease agreement signed by Nepal and the UK that the lease term can be extended after it expires. The lease agreement will expire after 2079 AD.
“However, the possibility of extending the lease term cannot be ignored as it may be possible with bilateral understanding between the two countries in accordance with British laws,” Chalise has maintained.
He has also dismissed the claim made by the writ petitioners that the embassy premises were gifted by the UK government to Nepal. “In reality, the building in a leasehold property not a freehold property,” Chalise has stated.
A cabinet meeting held on October 18, 2012 had formed a high level committee to submit a detailed report on the status of the embassy properties, determine the price that Nepal may receive, if government decides to sell off the lease of embassy premises, possible legal complications and estimated budget for building or buying new premises.
The apex court on April 15 had stayed the government´s preparations to sell off Nepal´s embassy premises in London.
Gurkha Army Ex-servicemen´s Organization (GAESO) and advocate Tulasi Shimkada on April 1 had filed separate writ petitions at the SC, challenging government preparations to sell off the embassy premises.
Shimkada has argued that selling the premises would be a betrayal of the centuries-old cordial relations with the UK. He has also maintained that the UK embassy, which is located in a VIP area, is far more valuable than our other embassies and also has archeological value.
Similarly, Chairman of GAESO Padam Bahadur Gurung has claimed that the Interim Election Council, which has been formed to hold fresh polls, does not have any authority to sell the embassy premises as that would have a long-term impact.
A bilateral agreement reached between the two governments says Nepal shall pay 500 pounds annually as lease for the first 25 years, 1,000 pounds for 25-50 years, 1,500 pounds for 50-75 years and 2,000 pounds a year for 75 to 99 years.
The prime minister´s office and the Ministries of Foreign Affairs and of Finance, among others, are named as defendants in the writ petitions.
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