A fraud case has been registered in the Kathmandu District Court, alleging that Nepal Trust's decision to lease out one ropani and 14 aanas of land at Durbarmarg was malicious. The government attorney's office filed the case on Wednesday against the then secretary of the trust, Arjun Kumar Karki, joint secretary Lekh Bahadur Karki, Thamserku Trekking Pvt. Ltd. and its chairman Lhakpa Sonam Sherpa.

The charge sheet, prepared on the basis of the investigation report with the opinion of the Central Investigation Bureau (CIB) of the police, claims that ‘the trust’s property was leased/contracted to a private company in a controversial manner, causing huge losses to the government and the trust.’ 

The police had arrested former joint secretary Lekh Bahadur Karki on 21 Kartik and former secretary Arjun Karki on 30 Kartik. Lakpa Sonam Sherpa, the operator of Thamserku Trekking, had obtained a restraining order from the Patan High Court against his arrest. In the meantime, the police had completed the investigation and submitted a report to the government attorney’s office, recommending that the former joint secretary, former secretary and Sherpa be made defendants. 

In the charge sheet, the board of directors of Nepal Trust had approved the plan to lease one ropani and 14 aanas of land on Durbar Marg for the first time on 28 Shrawan 2071. Bids were invited to lease the land after about 2 years. In that process, Thamserku had submitted a proposal of Rs 6.26 billion to lease the land. However, due to an error, a proposal of Rs 1.40 billion was submitted on 24 Falgun 2073. The second successful bidder in the technical proposal was Sakh: Pvt. Ltd. with a proposal of Rs 622.458 million and Adrisiya-Lianz JV with a proposal of Rs 262.28 million.

Three individuals and a company have demanded a compensation of Rs 4.8625 billion for Thamserku's earlier proposal and causing losses. Similarly, an additional amount of Rs 5.324 million has been added for allowing the use of the road land.

The additional amount has also been added for building a taller building than mentioned in the agreement. Earlier, in the case of Lot No. 4606, although it was mentioned that 3 floors would be constructed when the agreement was signed, after the fifth floor was built, it was 388.453 million and Lot No. 4606 mentions the construction of a 3-storey building, but a five-storey building has been built, so a demand has been made for 388.453 crores from Thamserku and Sherpa to pay.

Thamserku Trekking, on the other hand, has been claiming that 6.25 billion rupees have not been offered for land lease. In a statement issued last month, Thamserku Chairman Sherpa had said. ‘When 30 annas of land can be purchased in the Durbarmarg area even today for 6 billion rupees, can anyone agree to pay 6 billion rupees for using 30 annas of land?’ 

The matter pointed out by the Auditor General’s Office has been investigated by the Authority and resolved on 28 Magh 2075, and a case has been filed in the Patan High Court on this matter and justice has been served, Sherpa had argued in the statement.

The CIB’s investigation report also named former Prime Minister and UML Chairman KP Sharma Oli’s personal secretary Rajesh Bajracharya. The CIB recommended that landowner Rashmi Shakya, who obtained land in Bhaktapur's Kitta No. 1753 as a profit by doing activities that benefited Thamserku Trekking, and those involved in it, who pressured and influenced them in various positions, be investigated under the Prevention of Corruption Act, 2059. The police had requested a decision to send the collected documents to the CIAA along with them. Shakya is Bajracharya's wife.

During the investigation, documents including statements from various banks in the names of Tara Air Pvt. Ltd., Rashmi Shakya, and Rajesh Bajracharya were collected. The CIB had written a letter to include them as evidence. Officials from the government attorney's office insist that a separate decision will be made on that.