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Petition seeks implementation of Land Reform Act

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KATHMANDU, June 24: A writ petition has been filed at the Supreme Court (SC) seeking an order in the name of government authorities concerned to immediately implement Land Reform Act 2021 BS (fifth amendment 2001).



Advocate Madhav Basent filed a writ petition on Thursday claiming that past orders issued by the apex court to implement various provisions of Land Reform Act were largely unheeded by the government authorities. [break]



The apex court had ordered Ministry of Land Reform and Management (MoLRM) to implement provisions incorporated in chapter 4, 5 and 6 of Land Reform Act 2021 BS, which was amended for the fifth time on 2001. As per the SC order, MoLRM should have collected land details from those possessing lands more than the proscribed limits and distributed seized lands to the landless.



"Government authorities didn´t implement apex court´s past orders," reads the petition, adding, "In order to circumvent possible punishment for contempt of court, they issued notices to collect land details nearly eight months ago."



After the government authorities didn´t implement SC order, Basnet filed a contempt of court case at the SC against MoLRM minister and government officials.

Immediately after filing of the case, MoLRM issued a 35-day notice asking those owning lands more than is permitted by law to submit their land details at the Land Revenue and Survey offices at their districts. Later, MoLRM failed to expedite the drive to collect land details citing lack of budget and insecurity.



"The government authorities are reluctant to implement Land Reform Act under various pretexts," reads the writ petition, adding, "We demand a strong order from the court for implementation of chapters 4, 5 and 6 of Land Reform Act."



Chapter 4 says that government should issue public notice and seize lands from those possessing more than legal limits while chapter 5 envisions that the government should provide compensation to those whose lands are seized. And chapter 6 states that the government should distribute seized lands to landless and freed Kamaiyas, Dalits, indigenous nationalities and other marginalized communities.



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