According to Section 4 of the Land Use Act, 2076, municipalities will have to classify land into 10 categories, including agriculture, residential, industry, forestry, mining and minerals, commercial, and industrial, based on the country's topography, land capacity and suitability, and existing land use and needs.
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With the amendment of the Land Use Act by the government, municipalities that have already classified land will be allowed to change land use once. Through an ordinance made to amend some Nepal Acts, the government has been allowed to change land use by adding Sub-section 2A to Section 8 of the Land Use Act, 2076 BS.
Section 8 of the said Act states that land use should not be changed. Sub-section 1 of Section 8 states that land classified for one purpose should not be used for another purpose.
Sub-section 2 of Section 8 states that, notwithstanding anything written in Sub-section 1, if a person wants to use the land under his ownership for a purpose other than the prescribed purpose, he should submit an application to the concerned Local Land Use Council stating the basis and reason for it.
Immediately after the amendment, the government has added Sub-section 2A to the Act. The added Sub-section 2, a, states that the Local Land Use Council may change the land use for one time if the application received pursuant to Sub-section 2 is found to be reasonable.
Earlier, in Sub-section 3 of Section 8, if an application is received pursuant to 2 or if the prescribed land use of any land within its area needs to be changed, the concerned Local Land Use Council should make a request to the Provincial Land Use Council, stating the basis and reason for it.
The phrase in the said section has been removed and a new phrase has been added. In it, if the Local Land Use Council needs to change the land use and use it for a purpose different from the established one, it must make a request to the Local Land Use Council again, stating the basis and reason for it. If the content of the application received in this way is found to be reasonable, the Local Land Use Council has made a provision to make a request to the Provincial Land Use Council.
The government made classification mandatory with the issuance of the Land Use Act, 2076 and the Land Use Regulations, 2079 in Jestha. However, only 338 municipalities out of 753 have classified land as of Falgun of the current fiscal year.
Ganesh Prasad Bhatta, spokesperson for the Ministry of Land Management, Cooperatives and Poverty Alleviation, said that the provision has been made to change the classification only once as some applications have been received in the province stating that the classification was incorrect. 'Only municipalities that have already classified will be allowed to change it only once,' he said.
According to Section 4 of the Act, municipalities will have to classify land into 10 categories including agriculture, residential, industry, forestry, mining and minerals, commercial, and industrial based on the country's topography, land capacity and suitability, and existing land use and needs. When municipalities do not classify, the land allocation has been opening and closing every year.
