Broad acceptance mandated in Land Bill

The controversial provisions of the Ordinance itself have been kept as they are and the bill has been introduced and it is being tried to be passed by the House of Representatives. However, even if it is passed by the House of Representatives, it will not be passed by the National Assembly.

Shrawn 2, 2082

Editorial

Broad acceptance mandated in Land Bill

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The government is in the process of passing the bill without responding to the criticism that there is a provision in the 'Bill to amend some Nepal Acts related to land' that will help to increase the activities of the land mafia. The apprehension of forceful confiscation of the controversial bill has increased in the background of widespread reports that the land mafia has become widespread and that government/public land has reached or is trying to be transferred to the name of individuals.

Opposition parties, influential MPs within the ruling party and stakeholders are raising serious questions and disagreements regarding some provisions of the bill. Therefore, the government should proceed with the bill in a mature manner so that doubts and criticisms are addressed. It is even more imperative to follow a credible and established process in controversial bills. If the bill is discussed in the parliamentary committee, interacted with experts and stakeholders, the government defends its claim and passes the bill in a mature manner, many doubts will be expressed.

Some provisions of the Land Bill registered in the House of Representatives on May 24 have been questioned. If the bill is passed as it is, those who have land in excess of the limit under the cover of different companies can get permission to do real estate business and develop the land and build a house in such a land and sell it. In the same way, it was mentioned that even if the forest area has been registered in Ailani or other government land or records, the land that has been converted into awadi can be provided to those who have been making awad for at least ten years before. In the

bill, the government has also added an intermediate sector. In other words, it is intended to distribute the land around the National Park as well. Similarly, in the original act, when providing land to unorganized residents, it is said that ownership of the land will be provided based on their financial condition, residence status, nature of land, area, valuation, period of usufruct and whether or not they have land elsewhere. In the

bill, the obligation to look at the economic condition, residence status, period of awad kamot and whether or not there is land elsewhere has been removed. In this way, it seems that there is a hole through which land can be distributed to anyone arbitrarily. In the bill, a restrictive phrase has been added to sub-section 2 of section 3 of the Forest Act, 2076. In the

records, it is mentioned that there will be no obstacle to re-mapping the forest, forest area or Bhutan area land once and for all, separating it from the forest area and maintaining it in the name of Nepal government. It seems that the purpose of such a provision is to distribute land in that area. 

The Land Problem Solution Commission is still distributing red parts to landless Dalits and squatters in various places. The Commission had already distributed Lalpurja in Arjundhara Municipality of Jhapa on Wednesday. The landless Dalits and squatters there took part from the hands of Speaker Devraj Ghimire.

If the government deems it necessary to amend the Basic Act to remove the difficulty of providing land to the landless and squatters, the government can try. But the aim of facilitating the land mafia by showing the landless and squatters cannot be accepted. The country cannot bear the burden of certain class's economic benefits and vote politics. 

The bill should go ahead but on two conditions. First, questionable provisions of the Bill should be removed or ensured that they are not misused. Secondly, the bill should be moved in a procedural and traditional manner. There should be sufficient discussion on the Bill to remove the questionable provisions. A committee is a proper place to do that. Earlier, there are examples of such provisions of several bills being approved by various committees through extensive discussions.

It can fulfill the declared purpose of the bill in a well-thought-out manner. Adoption increases. The government's failure to do even this and the attempt to pass the bill through the "fast track" will increase the suspicion on the controversial bill. Efforts have also been made to seek consensus on the bill by forming a working group of a certain party without joining the committee. It does not ensure the participation of all parties. Instead, there is a possibility that the bill itself will not be adopted and the voice of opposition will become stronger. The accusation against the government is also more elaborate.

The land ordinance was issued last February. After getting into controversy, other ordinances recommended by the Council of Ministers were immediately issued by the President, but this ordinance was stopped. Although it was released later, it was automatically rejected after JSP Nepal disagreed to pass it by the National Assembly.

The government brought the same ordinance as a bill. The controversial provisions of the Ordinance itself have been kept as they are and the Bill has been introduced and it is being tried to be passed by the House of Representatives. However, even if it is passed by the House of Representatives, it will not be passed by the National Assembly.

On the other hand, the bill has shaken the foundations of the coalition. The amendment proposal has been registered by the MP of the ruling party. However, if the government is stubborn, its intentions are also questionable. Therefore, the government should shed its stubbornness and move the bill towards wider acceptance. Only this solves the problem and the government's intentions are not questioned.

Editorial

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