Reclaim the public land, but without undermining rights

In a significant move to reclaim public assets, Nepal's government has decided to implement the 1995 Rawal Commission report, freezing over 1,859 ropanis of public land in Kathmandu that was illegally converted into private property. This decision, spearheaded by Land Management Minister Pratibha Rawal, marks a bold assertion of the state's duty to protect public assets after 31 years of political hesitation.

“

The decision to resurrect the 1995 Rawal Commission report is nothing short of a jolt to the status quo.

The scale of encroachment is substantial, with the 1995 report revealing that nearly 10 percent of public land in Kathmandu metropolis was under illegal occupation. This included vital areas like temple grounds, ponds, and river corridors along the Bagmati and Bishnumati rivers. The Cabinet's decision to finally act on the report, overriding years of ignored Supreme Court directives, is seen as a victory for the rule of law.

“

This move, spearheaded by Land Management Minister Pratibha Rawal, the granddaughter of the commission’s original chair, is a welcome and bold assertion of the state’s duty to protect public assets.

However, the government's approach must be precise rather than arrogant. The primary threat to this initiative lies not with the encroachers but with potential procedural errors that could trigger extensive litigation. The land has changed hands multiple times since 1995, meaning the government is now dealing with third- or fourth-generation buyers who may have acquired the plots in good faith, complicating direct reclamation efforts.

“

Nearly 10 percent of the public land in Kathmandu metropolis was found to be under illegal occupation.

Crucially, the government must acknowledge the constitutional right to property. A rushed execution without thorough study risks undermining this fundamental right and driving affected parties to the courts, potentially leading to legal limbo. Minister Rawal noted that while some records retain original annotations, others require extensive verification, a process that distinguishes a successful reclamation from a public relations disaster. The tight 15-day timeline for an eight-member committee to prepare a roadmap is dangerously ambitious, given the potential for lost records and the complexity of verification.

“

The greatest threat to this initiative is not the encroachers themselves, but the potential for procedural errors that lead to a deluge of litigation.