Concluding that then acting chief commissioner of the CIAA Lalit Bahadur Limbu and then commissioner Ved Prakash Sivakoti misinterpreted a court order and decided to transfer ownership of government land to individuals, the single bench of Chief Justice Ram Prasad Shrestha ordered the government to initiate action against Limbu and Sivakoti. [break]
The bench said the commissioners misused their jurisdiction and powers while reaching a decision allowing individuals to registrar state land in their names, in defiance of verdicts issued by Kathmandu District Court, Patan Appellate Court and the SC.
"The bench concludes that the duo are guilty of sheer negligence and a malicious act," reads the order, adding, "Immediate investigation and appropriate action against them are a must."
Exceeding their jurisdiction, the duo on Paush 17, 2066 BS decided to register two ropanis and three annas of government-owned land located behind the Maternity Hospital at Thapathali in the names of Kanchhi Tandukar and Purna Bahadur Tandukar.
The registration of the land was scrapped following a verdict from Patan Appellate Court on December 26, 2006.
The SC upheld the Appellate Court verdict on January 2, 2009. But in blatant violation of their jurisdiction and misuse of power, Limbu and Sivakoti on January 1, 2010 flouted the court verdicts and took a controversial decision allowing the Tandukars to registrar the land in their names.
Limbu and Sibakoti took the controversial decision just three day before their retirement. They retired on January 3, 2010.
Invoking its prerogatives, the SC has also ordered the Judgement Execution Directorate (JED) to implement the Appellate Court verdict that says the land belongs to the state.
"The bench hereby orders officials to forward documents related to this verdict", the SC´s judicial stricture issued to the PMO on Wednesday states.
Following the CIAA´s controversial decision, one Kiran Tandukar had filed a writ petition at the SC demanding that the commission´s decision be over-ruled.
Acting on the writ petition, the SC bench said that the CIAA´s decision was in contravention of court verdicts.
"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 the constitutional provisions.
The UN Peace Park is being constructed on the land in question.
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