At the same time, it seems that a decision was made that only certain lands could be kept and the rest should be nationalized, the same should be applied to Nirashamsher Rana and his family, but no one could speak against them under the guise of power: Kedar Neupane, former secretary, Ministry of Land Management

Irregularity is the main reason why the government has not made the land under the boundaries of the Nirashamsher Jabara family, otherwise what stopped it from being nationalized? The government has become irresponsible towards this: Gauri Bahadur Karki, former judge

Even though the decision was made 58 years ago to bring hundreds of ropani lands in the name of the government in the name of the then Chief of Army Staff Neershamsher Jabara and his family, it has not yet been implemented. After the decision was not implemented for a long time, an inquiry committee was formed two years ago to investigate and study this matter. Although the committee recommended that the land that has been taken beyond the limit be searched and retained in the name of the government, the government has not implemented it. 

Rana was the Chief of Army Staff from 2017 Baisakh 14 to 2022 Baisakh 14. Rana, who was later awarded the title of Field Marshal (Additional), was the Chairman of the Vibhushan Committee till 2047 after his retirement. Even then, due to his close relationship with the palace and the political party, the government could not bring more land in his name than the family limit.

In 2016, with the promulgation of the Birta Abolition Act, the then government decided to nationalize the land in excess of the limit in the name of individuals. According to the decision, in 2023, about 1,400 ropani of land belonging to the family of former Prime Minister Rana was found to be more than the limit. In the same year, the land administration decided to nationalize the land belonging to the Rana family in Kathmandu, Bhaktapur, Lalitpur, Nuwakot and Kaski in excess of the limit. 

The land administration held in the name of the then Chief of Army Staff Rana, his mother Krishnakumari and two sons Diwakarshamsher Rana and Prabhatshamsher Rana was found to be more than the limit. The government decided that the four members of the Rana family who have reached the age of 16 will be allowed to keep the land according to the limits and the rest of the land will be nationalized. However, due to the non-implementation of the decision for 6 decades, more land than the limit has not yet come to the name of the government.

2021 In Section 7 of the Land Act released on November 1, a family was allowed to keep 25 bighas in the Terai region including Inner Madhesh, 50 ropani in the Kathmandu Valley and 80 ropani per family in the rest of the hilly areas. In addition, 3 bighas in Terai, 8 ropanis in the valley and 16 ropanis in the rest of the hilly districts were allowed to be allowed for per-family households. In the case of Mohi, 4 bighas in Madhesh, 10 ropanis in Kathmandu valley and 20 ropanis in the rest of the hill districts were arranged. According to the revised current land law, each family can have 10 bighas in Terai-Madhesh, 25 plantations in Kathmandu Valley and 70 plantations in the mountains. A legal arrangement to allow 1 more bigha in Madhesh and 5 more plantations each in the mountains and Kathmandu valley for homesteading. According to this arrangement, it was decided to nationalize the land in excess of the limit in the name of the Rana family. 

It has been found that the Rana family sold some of the demarcated land between 2040 and 2053. Since then the said land has been sold many times in the name of different people and the rights have been transferred. However, the government official admits that the risk of misuse has increased since the government has not returned a large amount of land. 

Rana, the son of Prime Minister Juddha Shamsher, former Prime Minister Rana passed away in 2070 at the age of 99. 9 years after his death, on January 9, 2079, the Ministry of Land Management, Cooperatives and Poverty Alleviation formed a working group to search and study the demarcated land in the name of him and his family. It has been 2 years since the working group also submitted a report to the government with suggestions to bring back the land that was confiscated as it was more than the limit.

 A complaint was also made to the Abuse of Authority Investigation Commission for investigation that the land that should be privatized has been misused by various people. After that, the authority instructed the government to investigate the matter and submit a report. And only then the ministry formed an investigation committee under the leadership of the deputy secretary. 

Under the coordination of Deputy Secretary Narendra Poudel, an investigation committee was formed including Branch Officer Achyut Shrestha, Land Management and Records Department Officer Bishnu Prasad Gautam and Surveyor Department Officer Govind Ghimire. The committee has also pointed out that the lands of some places have now disappeared even in the records of the land registry. The committee recommended the government to confiscate the land in excess of the limit in the name of the Rana's family and search for similar land belonging to Kimis elsewhere. As pointed out in the report of the committee, the ministry has not taken any initiative to bring the demarcated land under the name of the government. Because of this, the risk of illegal land grabbing, occupation and sale in collusion with land mafia has increased. 

Former judge Gauri Bahadur Karki says that not bringing the land beyond the limit to the name of the government is a characteristic of misgovernance. According to the law of that time, those lands should be immediately nationalized and kept under protection, but the government has become irresponsible in this regard, he said. After the Birta Abolition Act, many laws related to land administration have been issued since 2016. Among them, through the Land Act 2021, it seems that the land has been privatized by restricting and compensating individuals. At the same time, the land of Neershamsher Jabara family has also been demarcated,' says Karki, who is also the former chairman of the special court. In which there were details of the land in the name of himself and his family in Kathmandu, Lalitpur, Bhaktapur, Makwanpur, Parsa, Bara and Nuwakot. It is mentioned in the inquiry committee report that the statement made by Rana on 2nd November 2022 is also confirmed from the paper.

In the details submitted by Rana at that time, he mentioned that 60 bigha 12 kattha 10 dhur in Bara and Parsa and 1 thousand 826 ropani 10 annas 3 paisa land in the three districts of the valley, Makwanpur and Nuwakot. After that, according to the law, the government decided to bring the remaining 1,407 ropani 7 annas 1 dam land under their control in the name of Rana and his mother Krishna Kumari and their sons Diwakar and Prabhatshamsher to keep 227 ropani in Kathmandu valley, 192 ropani in Nuwakot and 60 bigha 12 kattha 10 dhur in Terai. Some of that land was taken in the name of Mohi and some was brought by the government. 

Neershamsher's 1,400 ropani land is not accounted for in the details submitted in the land registry. In the records of the Land Management Department, 223 rupani 4 annas 1 paisa 1 daam in Lalitpur, 193 rupani 3 annas 2 paisa 2 daam in Kathmandu, 100 rupani 3 daam in Bhaktapur, 1 thousand 817 rupani 2 daam in Nuwakot were found in the name of the Rana family. 35 bigha in Bara, 25 bigha 10 katha in Parsa and 2 katha 10 dhur in Makwanpur were found 60 bigha 12 katha 10 dhur.

With the demarcation arrangement, Neershamsher's family was given 190 ropani 8 annas 2 daam in Lalitpur, 8 ropani in Kathmandu, 28 ropani 11 annas 2 paisa 1 daam in Bhaktapur, and 192 ropani in Nuwakot. The land of Bara, Parsa and Makwanpur was not demarcated. According to the order issued by Land Reforms Office Lalitpur on 2022 Chait 29 and the circular of 2023 Baisakh 3, it was decided to keep 419 ropani 3 annas 2 paisa 3 dams in Valley and Nuwakot and 60 bigha 12 katha 10 dhur in the name of four people including Rana and in Terai it was decided to nationalize the rest.

According to the government investigation report, out of about 400 plants in Nuwakot Thansing, only 192 plants were kept and 208 plants were asked to be brought under the name of the government. At present, only 127 acres of such land has been found in Thansingh. The remaining land is seen to have been sold by the Rana family in the past. It was decided on 3rd Baisakh, 2023, that out of about 100 plantations in various places of Bhaktapur, only 28 plantations were given to the respective Jagwalas and the remaining 72 plantations were brought under the name of the government. According to the same decision, although there were circulars at various times to maintain the land in the name of the government, it is mentioned in the report that no concrete achievements have been made.

It was decided to keep 190 ropani out of about 223 ropani of land within Lalitpur and bring the remaining 33 ropani under the name of the government. However, only 19 ropanis 4 annas 2 dams of Harisiddhi were brought to its name by the government. It has also been found that the rest of the land has been sold by the Land Reforms Office in the name of various people by maintaining 'Mohi'. In Pokhara of Kaski, 5 ropani were found in the name of Rana's family, but no initiative has been taken to bring the land under the name of the government. The working group formed 2 years ago to bring the said land under the name of the government has given an opinion to the government. 

In Kirtipur, Kalimati, Chalnakhel and Machhegaon of Kathmandu, it was said that out of about 1,093 ropani of land, only 8 ropani should be kept in the name of the Rana family and 1,085 ropani should be retained in the name of the government. However, during the government investigation, the land shown in Kirtipur and Kalimati was not found. A government official says that the land was not found in the field because the Rana family had already sold it to various people under the guise of power and influence. An official of the ministry said that the records of the consignment containing the details of some lands were also not found. Lands in Chalnakhel and Machhegaon were found to have been sold to various people under the cover of 'Mohi'. 

Kedar Neupane, the former secretary of the Ministry of Land Management, says that the implementation of the decision is being hindered under the guise of power in the case of the need to nationalize more land than the limit. According to him, based on the law issued in 2021 related to land, the surplus land that was cleared at that time should be brought under the name of the government. He suggested that only after the land comes in the name of the government, if there is a mohi, according to the law, the government should cut off the mohi and make the land its own.

"It seems that a decision was made at that time that only a certain amount of land could be kept and the rest should be nationalized, the same should be applied to Nirashamsher Rana and his family, but under the guise of power, no one could speak against him, the records disappeared from the property under the guise of power, and even if the records were found, they could not be acted upon," Neupane said, "However, no matter how old this issue is, the demarcated land is in the name of the government as per the decision made by the government at that time."

The investigation committee has also suggested that if any mohi is found on the land that has been set up, it is more than the limit, and according to the law, part of the mohi should be separated and the rest should be nationalized. "When it is seen that the land obtained by the government from Nirshamsher was registered by the person who earned the said land on different dates, it seems that the mohi portion of such land should be separated and brought to the name of the government of Nepal," the recommendation section of the report submitted by the working group to the government said. However, the government has not taken any action as per the suggestion.

The government investigation report has also suggested that the land earners who applied for registration of Birta land within the last deadline given under the Birta Abolition Act and Regulations, but the decision has not been made, should be made and the rest of the land should be brought under the name of the government.