Need for Consensus on Land Bill

Justice for the landless class, who have historically lived under discrimination, injustice and deprivation, should be at the center of the bill, beyond the calculation of momentary political gains or losses.

Shrawn 19, 2082

Jagat Deuja

Need for Consensus on Land Bill

We use Google Cloud Translation Services. Google requires we provide the following disclaimer relating to use of this service:

This service may contain translations powered by Google. Google disclaims all warranties related to the translations, expressed or implied, including any warranties of accuracy, reliability, and any implied warranties of merchantability, fitness for a particular purpose, and noninfringement.

The bill to amend some of Nepal's land-related laws is currently being discussed in the Agriculture, Cooperative and Natural Resources Committee. The analysis of any subject is different depending on the individual's experience, class background, ideological ground etc.

It is therefore natural to have different opinions, interpretations and perspectives on an important issue like land. Not only on this Bill, but also on the Eighth Amendment to the Land Act, there were many debates inside and outside Parliament. Finally, the entire Parliament unanimously passed the Act.

Any act may be inadequate or inconsistent in its implementation. It needs to be revised to make it relevant again. The Land Act can be enriched by combining the proposed Land Bill and its amendments.

should be the focus of the justice bill for the landless class who have historically been living in discrimination, injustice and deprivation beyond the calculation of momentary political gain or loss. About 3 lakh landless people have been searching for land rights for generations and are living in extreme despair when they do not get land. Therefore, the role of legislators in making practical laws is important. 

Limitation exemption for real estate business

Current Section 12 of the Act on Land. Many questions have been raised about the justification of how much. This issue can be addressed in a new manner during the formulation of the Unified Land Act. It is necessary to mention in the law itself that the limit of land delimitation exemption should not be according to the notified order. However, since this topic is not included in the current bill, it was not necessary to analyze it further.  There are 12 proposed

bills. There is no strong basis and reason why the provision that the company that has obtained permission to do real estate business can sell the land within the limits specified by the notified order can be developed and sold by building buildings or houses according to the prevailing law. Does it mean that the land taken for real estate business cannot be sold? Due to the lack of this provision, real estate sales have not stopped. There is no objection to canceling the filing of the land reserved for collective use under sub-section 1 of the same section to remain in collective ownership.

A real estate business company, when the land within the limits is classified as a residential area or a commercial area, it is also appropriate that such land cannot be sold in installments or in installments without development in accordance with the prevailing laws. However, if the land use classification by the local council falls outside of the residential or commercial area, there is no provision to sell it by lot or lot after obtaining approval from the ministry.

Since the land according to the informed order was given for real estate business, why did you buy the land that is not suitable for that? Limitation exemption is given for real estate business, instead, provision can be made for the same purpose in land classification of real estate business. 

Although it is clear in this sub-section that the land acquired or approved for purposes other than real estate business cannot be sold according to this sub-section, many people have doubts whether the land taken for other purposes such as agriculture, industry etc. is also misused based on this provision. To remedy this, a provision can be added that any agriculture, industry, etc., which has received a limited exemption according to the prevailing law, may not go beyond the purpose of the initial permission to do real estate business on that land, build houses or housing units on such land and sell them. 

is 12 of prevailing laws. Provisions to be approved in which any public institution, industry, company, institution, educational institution, project or association must prepare a detailed project report and environmental study report on land use and get it approved by the relevant agency before obtaining permission to keep land in excess of the limit. It is advisable to maintain this arrangement. Again, this provision is a newly added provision from some Nepal Act Amendment 2081 regarding investment facilitation. 

Manipulation in the list of non-grant land  Article 52 of

act b. In sub-section (4) of the protected area land is said to be more clearly reserved land. This day has been added to the list of unclaimed lands. The subject added to this is that during the time of surveying, section 52 c. There is a provision that there will be no hindrance in providing such land to landless Dalits, landless squatters or unorganized residents if it is written with a decision of the local executive that the land is not currently in use as mentioned in the regional surveyor's book or as mentioned in the annex. This arrangement is not for all gauchars, haats, haatghats or bazaars.

Again this should be recommended by the executive meeting. At some point it is not advisable to keep the problem as it was written during the measurement. A list of non-dates is still not a solution to the problem. As such, it is not only the river bank land, it should be mentioned as the land within the specified limits or standards of the river. Similarly, it is appropriate to include the issue of distribution of land owner parts of the land of Wall Vitauri. 

Section 52 b. After sub-section (4) of (4), it is said that landless Dalits or landless squatters living on land that cannot be given or on the banks of rivers, banks of lakes, national parks, reserves, forest areas, within the boundaries of roads or other risky places will have to arrange for accommodation elsewhere. It is very important to make this subject compulsory. 

The right of the resident of the intermediate area 

Section 52 C (1) Notwithstanding anything written in the existing law, the word "intermediate area" has been added after the forest area in the case of Ailani or other government land or records at the time of commencement of this section. Since the issue of land management for the landless and unorganized residents living in the intermediate areas was not clear in the past, this arrangement should be made to address the issue. 

Section 3 of the National Parks Act, 2029 to clarify that the provision in the Land Act is inconsistent or unclear with other Acts b. The management and conservation work of the intermediate area shall be done according to the management plan approved by the Department of National Parks and Wildlife Conservation by the conservator in consultation with the concerned consumer committee.

However, by amending the previous provision that the land ownership of the local people in the area will not be affected during management and protection, but the land ownership of the local people in the area will not be affected by the management or protection, a restrictive phrase has been put in the records that re-mapping the forest, forest area or Bhutanese land and separating it from the forest area and maintaining it in the name of the Nepal government and updating it will not be a hindrance.

Tribals and Dalits have been living in the central region for centuries. It was designated as an intermediate zone only in 2054.

classification of disorderly habitation 

Section 52 C (3) According to sub-section (1) classification of unorganized residents according to the current law does not seem practical, and when providing land to unorganized residents, it is arranged to provide the ownership of the land by taking the prescribed fee, taking into account the nature, area and valuation of the land. In this, it is necessary to put the word "classification based on the evaluation of the proposed arrangement". Because, the definition of unorganized dweller includes the word classified. The current law, while seemingly scientific, is not enforceable.

Amendment to the Forest Act 

In sub-section (2) of Section 3 of the Forest Act, 2076, the Government of Nepal states that without the decision of the Council of Ministers, it is not allowed to change the land use of the national forest area, to provide the right of occupancy of the national forest to anyone, to transfer the rights through mortgage, mortgage or other means, but the land designated as forest, forest area or Bhutanese area in the records is re-mapping and separated from the forest area and maintained in the name of the Government of Nepal. It will not be added.

The issue has been raised that the proposed bill tried to desertify the Terai by cutting down the forest and exploiting the forest. Nothing has been done in this Bill other than the provision made by the Land Act for landless Dalits, landless squatters and unorganized residents. It seems that an attempt is made to clarify the same Act and to change only some provisions of the conflicting Act. 

The Eighth Amendment of the Land Act 2021, which has been inhabited and inhabited until January 28, 2076, does not currently have trees, has forests, forests, etc. in the records, has been converted from that area to the government for one time, and it has been arranged that landless Dalits, landless squatters and unorganized residents can be managed for one time. This will prevent over-exploitation by clearly demarcating the forest area and it will help in forest conservation. 

The question of social justice 

Despite this, this Act is still incomplete and unjust from the perspective of landless Dalits and landless squatters. A minimum threshold to be provided to landless dalits and landless squatters should be set. For example, this limit should be set at 130 square meters in urban areas and 340 square meters in rural areas. Currently, the landless have suffered more than that and if it is within the maximum limit, there should be a provision that no one can reduce it. 

Dalit landless should also be provided with arable land. There is nothing about this in the proposed bill or the amendment. This issue has not been heard even though it has been raised repeatedly. It would be very unfair to deduct land from unorganized squatters while giving only 6/7 dhur of land to landless Dalits and squatters. Let the MLAs pay attention to this too. 

What is the minimum amount to be given for housing and farming, especially for landless Dalits and landless squatters? A maximum limit is set. But if the minimum is not fixed, the landless will get very little land and their prices will be reduced. Therefore, the issue of providing fixed land to landless Dalits and squatters should be included in the law.

Jagat

Link copied successfully