Kathmandu. KATHMANDU: The government is to implement the report of the High Level Commission for Investigation and Protection of Government and Public Land, 2052 (Rawal Commission).

The commission has decided to vacate 1,859 ropanis 14 anna 3 paisa 3 dam of land encroached upon by various individuals and companies in all 35 wards of the Kathmandu Metropolitan City.

The meeting of the Council of Ministers held today also decided to take action against those encroaching on public and government land as per the prevailing laws.

The meeting also decided to direct the Ministry of Land Management, Cooperatives, Federal Affairs and General Administration to implement the report of the High Level Commission for Investigation and Protection of Government and Public Land (Rawal Commission-2052).

The CIAA had prepared a report on the encroachment of 1,859 ropanis of land in Kathmandu alone.

According to the report, wards 4, 5, 6, 7, 8, 12, 16, 29, 34 and 35 districts have the highest number of cases. The report states that a large amount of land has been encroached upon in Bouddha, Chabahil, Baneshwor, Koteshwor, Hadigaun, Battisputali, Thapathali, Budhanilkantha among other areas of Kathmandu. It has also encroached upon the land of ponds, temples, rivulets, wells, stone spouts, paths and guthi in these areas.

The government has decided to implement the report by considering the directive order issued by the Supreme Court in the name of the government. The meeting also decided to protect the government and public land across the country by keeping a systematic record of such land based on the Supreme Court’s order.

The meeting also directed the Ministry of Land Management, Cooperatives, Federal Affairs and General Administration to implement both the decisions.

With this decision of the Council of Ministers, the way has been opened to vacate the encroached public and government lands in all 35 wards of the then Kathmandu Metropolitan City, which was included in the Rawal Commission’s report on the basis of the survey of 2021. Besides, the process of taking action against those encroaching on public and government land as per the prevailing laws will also move forward.

Explaining the decision, Prime Minister’s press and research expert Deepa Dahal said, “The Rawal Commission’s report should have been implemented at that time. But there was no irony. The decision of today’s cabinet meeting has paved the way for the implementation of the report. And, this work will be carried out by the Ministry of Land Management, Cooperatives, Federal Affairs and General Administration in coordination with all the bodies concerned by completing the necessary legal process. ”

According to him, there were over 18,941 ropanis of public and government land in the Kathmandu Metropolitan City at that time. A total of 8,093 encroachers encroached upon 2,070 units of government and public land while 1,187 encroachers encroached upon 308 units of government and public land for private purposes, while another 6,906 encroachers encroached upon 1,762 units of government and public land.

The commission was formed under the chairmanship of former secretary Ram Bahadur Rawal as per the decision of October 7, 2050 with the objective of solving serious problems related to extensive encroachment of public land, illegal registration and protection of public property.

The Commission had submitted its report with recommendations to the government in 2052 BS after carrying out a detailed study on the status of encroachment on government and public lands in the Kathmandu Municipal Area. Though the commission had submitted its report, it could not be implemented due to political and administrative apathy.

Eight years later, advocate Prakash Mani Sharma had filed a writ petition at the Supreme Court in 2060 BS seeking mandamus order to implement the Rawal Commission Report, 2052 BS, naming the Office of the Prime Minister and Council of Ministers as the defendants.

During the hearing of the writ petition, the Supreme Court bench on May 30, 2066 had ordered the government to form an expert committee under the coordination of Secretary at the Office of the Prime Minister and Council of Ministers and submit a report with suggestions as it was appropriate for a committee comprising experts to study the implementation of the Rawal Commission’s report. The expert committee had submitted its report on Chaitra 1, 2006 with the suggestion that the encroachment of government land in other parts of the country except Kathmandu should also be investigated.

After studying the report of the expert committee, the Supreme Court, while giving final hearing on the writ petition on May 25, 2001, issued a directive order in the name of the defendants stating that it was appropriate to implement the report of the Rawal Commission as per the report of the expert committee and also to investigate into the encroachment of government and public land in other parts of the country and take action as per the law ।

Despite the Supreme Court’s clear order and public pressure from all sides, none of the governments that have been formed for three decades have been able to show the political will to implement this order. Instead, the implementation of the report and the directive orders of the Supreme Court was kept in limbo by forming various committees in the name of further study and process.

After assuming the office of Prime Minister on March 27, Balendra Shah and his secretariat became serious about the implementation of the Rawal Commission’s report and the directive orders of the Supreme Court.

Likewise, the Policy Research Foundation had submitted a case study report titled “Abbreviation and Suggestion Report-2083” with notes related to the directive order (2067) issued by the Supreme Court for its implementation to the Office of the Prime Minister and Council of Ministers.

With this decision, the government’s resolve to protect state resources and public property, maintain good governance and rule of law would be translated into practice.

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