The government has written to the local level to remove encroachment on government and public land and manage squatters elsewhere. The federal government is going to involve the local level in the work that the 19 commissions formed since 2008 have not been able to complete. Along with the federal letter, the question has also arisen whether the local level is capable of managing squatters.

The responsibility of protecting property in the local level falls within the jurisdiction of the municipality. However, the municipality does not have the right to distribute land. Moreover, due to limitations in resources including budget and legal complications, it has been difficult for the local level to fulfill its entire responsibility of managing squatters.

Based on the number of people who have applied to the Land Commission for land acquisition, the number of squatters and unorganized settlers across the country is more than 1.2 million. Based on the number of people who have applied to the Land Commission for land acquisition, the number of squatters and unorganized settlers across the country is more than 1.2 million. Of this, the actual number of squatters is around 280,000, while the rest are unorganized settlers. They live on public/government land, forest areas, riverbanks, in ditches, and on the slopes.

Nepal Municipal Association President Bhim Prasad Dhungana says that the problem of squatters and unorganized settlers will not be solved by the government's correspondence.

'The responsibility of protecting public land and property lies with the local level. In that context, we consider the correspondence from the association to be natural. We are ready to cooperate,' he told Kantipur, 'But the settlement management of squatters is not a matter that the local level can handle alone. The constitution itself has assigned the right to manage squatters to the responsibility of all three levels of government.' 

The Ministry of Federal Affairs and General Administration on Thursday issued a circular to all 753 local levels of the country to complete the work of managing squatters before vacating the land by making a secretary-level decision. The ministry has approved item no. 92. 

According to the ministry's circular, the local level will have to identify 'real squatters' in coordination with the concerned district administration office. The letter states that the removal process should begin only after the actual landlessness is clear. It is also said that the local level should make a concrete plan to relocate the identified squatters. 

In the letter, the ministry reminded the villagers and municipalities of Section 97 of the Local Government Operation Act, 2074 BS that the main responsibility for protecting public property lies with them. 

In the letter, the ministry reminded the villagers and municipalities of Section 97 of the Local Government Operation Act, 2074 BS that the main responsibility for protecting public property lies with them. In the course of removing encroachments, the local level can request security personnel from the district administration office if a security challenge is seen. It has been asked to make arrangements for safe housing, healthy food, and medical treatment while managing the squatters elsewhere.

Dhungana, the chairman of the Municipal Association and the mayor of Dhading Nilkantha Municipality, says that the local level does not have the right to distribute land to the landless. On the other hand, the municipalities are unable to pay for the projects that have been completed due to cuts in the financial equalization grant and budget included in the red book (budget booklet) coming to the local level. ‘Without exception, the municipalities are facing a financial crisis,’ he said, ‘municipalities are not in a position to invest or spend in new areas. The association should make the local government understand the plight.’ 

The Land Act stipulates the formation of a commission, committee or task force for the purpose of providing land to the landless. The Land Problem Resolution Commission is being formed in accordance with the same provision of the act. The commission is working on identifying the landless and distributing land to them in coordination with the local level. Dhungana says that the federal government should take ownership of the work done through the commission and speed up the same process. 

1.213 million 812 people have applied to the commission for land acquisition through the local level. 98,851 landless Dalits, 181,378 landless squatters and 933,583 unorganized settlers have filed applications with the commission. 

Hari Prasad Rijal, chairman of the commission formed by the KP Sharma Oli-led government, has said that the scientific data collection of squatters and unorganized settlers has been completed. He also informed that the applications received demanding land in the name of landless and unorganized settlers are being examined. 

The commission formed under the chairmanship of Rijal on 14 Kartik 081 to solve the problem of landlessness is the 19th since 047. Although the Sushila Karki-led government dissolved the commission, it was suspended by the Supreme Court order. He mentioned that as per the law, the commission and the local government are working together in a procedural, step-by-step manner to resolve the problem of squatters. The commission formed under the chairmanship of Rijal on 14 Kartik 081 to resolve the problem of the landless is the 19th since 047. Although the Sushila Karki-led government dissolved the commission, it was stayed by the Supreme Court order. The government formed after the elections has demanded a review of the court's decision. 

As per the working agreement made by the commission with local levels across the country, municipalities have collected data on landless and unorganized settlements and entered the data into the commission's information system. Applications have been collected through the municipalities to the commission.

Commission Chairman Rijal said that one lakh land deeds have been prepared and are awaiting distribution for those who have been certified. He said that the commission has not been able to work as per the target due to the Gen-G movement, litigation and election code of conduct. Rijal said that since the law defines who will do what, the union, province, local government or the commission can manage the landless and clear encroached land accordingly through coordination, cooperation and proactivity.

The highest number of applications received from Lumbini province is 318,985 people. 252,000 applications have been received from Koshi, 231,000 from Sudurpaschim, 135,000 from Bagmati, 124,000 from Madhesh, 92,800 from Gandaki and 58,000 from Karnali. 

Biswas Nepali, an activist who has been raising his voice for the landless, says that the number of landless people across the country is more than 1.5 million. ‘50 to 60 million people from 1.5 million families are affected by the housing problem,’ he says, ‘The commission is yet to receive all the data.’ 

The Land Act, 2021 (including the Eighth Amendment 2076) defines a person who does not own land within the state of Nepal as a landless squatter. It is said that such a person should be considered a person who is unable to manage the land through his or her family’s income, resources or efforts. The husband, wife, father, mother and son, daughter dependent on such a person are also considered to be landless squatters. Dalits are included in the list of landless people because they are listed as Dalits by the National Dalit Commission. Thus, the number of landless people (including Dalit landless) in Nepal is 280,229. 

The Land Act considers those who have been living in houses and huts for a long time, even if they are declared as forest in government announcements, fallow lands or government records, as irregular settlers. The number of such people is large. The Land Act considers those who have been living in houses and huts for a long time, even if they are declared as forest in government announcements, fallow lands or government records, as irregular settlers. The number of such people is large. Even if they have land elsewhere, they are included in the list of irregular settlers for some reason, said Commission Chairman Rijal. ‘If landless people do not have land somewhere, then those who have land elsewhere but have encroached on government land and have become uninhabitable due to landslides and floods, or have encroached on land for other reasons are included in the list of irregular settlers,’ he said. 

Section 52(c) of the Land Act states that the Government of Nepal may provide land to unorganized settlers who have been depopulating land for at least ten years on land that has been converted into a population, even if it is declared as forest land in public or other government land or records, for a one-time period, not exceeding the specified area in the place where they have been depopulating.

Accordingly, the unorganized settlers have applied for land acquisition. The provision was made by amending the Act on 28 Magh 2076. Land rights activists say that the government is making people who should be given land as per Nepali law homeless.

Ram Thapa, Mayor of Damak Municipality, which is in Prime Minister Balendra Shah's constituency Jhapa-5, said that he received a letter from the District Administration Office to vacate the area where squatters and public land have been encroached. "But we are not in favor of doing anything about it immediately. Because the Land Commission has been active in ward no. 5 and 7 are being surveyed,' he told Kantipur, 'How can we provide details without finalizing that?' 

Mayor Thapa said that although he had no intention of disobeying the government's order since it was an area where the incumbent Prime Minister was elected, he was not in a position to immediately implement the order sent to the local government through the Chief District Officer. 'We are not even people under the District Administration Office. The commission will do the work,' he added, 'We cannot move without finalizing whether we will keep the homeless people here after compiling their records and feed them here. We can keep them in hotels and lodges in Kathmandu, but where will they be kept? Who will pay for it?' 

He said that even the municipality is in a position to provide proper services due to the arson during the Gen-G movement. 'Due to practical difficulties, there is no situation to immediately use a dozer,' he said.

He said that even the municipality is in a position to provide proper services due to the arson in the Gen-G movement. ‘Due to practical difficulties, there is no situation to move with a dozer immediately,’ he said. Article 37 of the Constitution provides the right to housing to every citizen. Similarly, Article 40(5) states that the state must provide land to landless Dalits once as per the law. Article 42 provides the right to social justice. Similarly, Article 51, Clause (j) (6) states that freed Kamaiya, Kamlari, Harwa-Charwa, Haliya, landless, and squatters shall be identified and rehabilitated by providing them with houses for settlement and arable land or employment for livelihood. 

The government has been using a ‘dozer’ on the unorganized settlements on the banks of rivers in Kathmandu since 12 Baisakh. Thousands of people have become homeless. Land rights activist Jagat Deuja calls the steps taken by the government in the name of organizing squatters a wrong path. He said that the government’s steps are against the constitution and the law. ‘Those living in houses where dozers were used in Kathmandu are both landless squatters and unorganized settlers. "Steps should have been taken to vacate the settlements only after identifying the real ones and giving them alternatives," he said. "The squatters have been subjected to injustice due to the government's actions." 

Deuja was an expert member of the Land Problem Resolution Commission in 2077 BS. When asked why the problem of squatters was not resolved even after a dozen and a half commissions/committees were formed, he said that one should not look only at how many commissions were formed. "Even if the commission was formed, how long did it work? How comfortable was the environment created for it to work? Such things should also be looked at together," he said. "There was a situation where the commission was formed but the government did not support it, the commission was dissolved with the change of government, and the necessary laws were not made to organize the squatters. The commission did not even get sufficient legal basis to work."

Recently, Deuja says that the commission has been achieving success in collecting data in a scientific manner. "Land ownership certificates cannot be distributed without collecting costs. Data collection is also a big task,' he told Kantipur, 'Systematic data helps in solving the problem.' He says that the problem can be solved by providing necessary support to the local level. The commissions formed before the promulgation of the constitution had distributed land ownership certificates to 142,000 landless people. Of these, 86,400 households had land ownership certificates but the problem is that the landowners are not registered. Last time, 9,012 families were given land certificates. 

The government has demolished the houses of landless squatters and unorganized settlers in Thapathali, Sinamangal, Jadibuti, Manohara, Balkhu and other areas of Kathmandu. The government's policy of continuing this work has increased fear among the squatters.  Laxmi Devi Pandey, President of the National Federation of Rural Municipalities, says that identification of the landless and land distribution has begun in every municipality in collaboration with the commission. 'Local levels have been protecting public land and managing landless people in their own way,' she said. 'Since the law states that land will be distributed through the commission, work is being done in coordination with the commission. The commission should be made active.' She said that if the federal government removes the obstacles in the rules and regulations and helps in the management of resources and skilled manpower, the local levels can solve the problem of landlessness. 

General Secretary of the Nepal Municipal Association and Mayor of Ghorahi Sub-metropolitan City Narulal Chaudhary says that the federal government's method of vacating the squatters' settlements is not suitable. He said that the responsibility for protecting public, government, public or abandoned land lies with the local level. He mentioned that the local level is also active in identifying squatters and providing them with proper housing, so the federal or provincial government should support them. 

'The local government does what it can. It is also a responsibility,' he said, 'All local levels are working to collect data on landless squatters and unorganized settlers within the municipality and organize them. We need help in that. It is not about managing by destroying them indiscriminately and creating problems.' The government has demolished the houses of landless squatters and unorganized settlers in Thapathali, Sinamangal, Jadibuti, Manohara, Balkhu and other areas of Kathmandu. The government's policy of continuing this work has increased fear among the squatters.