Marketplaces and other infrastructure have been developed on substantial chunks of government land, which have been encroached upon. Such lands have been bought and sold on the basis of an unofficial document.
-Laxmi Gautam : Centre for Investigative Journalism-Nepal
When the construction of the Ilam-Phidim-Jorpokhari stretch of the Mechi Highway got underway in 1982, some so-called influential natives set their covetous eyes on the forests alongside the newly-constructed road.
Among them was Nar Bahadur Jabegu, who enforcing his ‘privilege’ and influence of being the ‘headman’ of Sabikyang-3 of Panchthar, started felling the trees with an ill-intention of encroaching upon the forest land.
However, the Mainalis of then Bharapa Village Panchayat, with the support of the Limbus of neighboring Subhang Village Panchayat, filed a case at the Panchthar Court claiming that the Mainalis, not the Jabegus, had the authority over the area. After the disputes between the two groups escalated further, Nar Bahadur made a futile effort to register the land in the name of 25 of his relatives in 1983 by taking into confidence the staff of the survey department and land reforms and management office in Phidim.
The Panchthar Court, however, gave its verdict in no one’s favor. The disgruntled Mainali faction then moved the appellate court, which too did not give its verdict in Nar Bahadur’s favor. The court, however, remained silent about Mainali faction’s claim.
The story did not end here. In 1992, the Jabegu side challenged the Appellate Court’s verdict at the Supreme Court (SC). In 1992, the SC, on the basis of the statement of around 84 locals of Bharapa and Subhang, decided that neither of the group had the right to claim the land.
The encroachment of the forest land continued despite the court’s decision. After the death of Nar Bahadur, his cousins and relatives are involved in the land business. In fact, the land sold by them has neither been registered at the land reforms and management office to acquire the land certificate nor has been surveyed. The entire process, including construction of houses, has been made on the basis of an unofficial document (Tamasuk) on a Nepali traditional paper. The rate of the land is fixed on the basis of feet, not ropanis or anna.
Out of the 22 hectares encroached land, around 75 ropanis have been bought by businessmen and entrepreneurs on the basis of an unofficial memo. The land bought at Rs. five thousand per ropani is now being sold at Rs. 50 hundred thousand. Over a hundred such plots have been sold as of now. It’s been more than 35 years of disputes, and both the Jabegus and Mainalis have been involved in the land business. “We will continue this business, come what may,” Laxmi Prasad Jabegu, who is involved in land business, said challenging the concerned authority.
Other instances of land business
Besides Jorpokhari, there has been a rampant encroachment of forest land in other areas like Hilihang village municipality bordering Jorpokhari. Locals have been involved in selling and buying government-owned land on the basis of mere local documentation. Around 179 houses – private, government and NGOs — have been built by encroaching some 22 hectares of land at the Hilihang village municipality. Locals have encroached upon the government’s forest area in Chature of Hilihang. This place has now turned into a business hub with most of the houses alongside the highway running hotels and other businesses. According to the District Forest Office, Panchthar, the Chature market has been expanded by encroaching upon 11 hectares of government’s land.
The scene of the main Jorpokhari market of the encroached forest land. Photo : Laxmi Gautam
Likewise, 10 ropanies lands in the Nagemba community forest adjoining the district headquarters, Panchthar have been intruded by locals. Similarly, a marketplace has been developed at Tumbewa village municipality by intruding around five ropanis of land in the Mauwa community forest mostly by business people. Surprisingly, the Tumbewa village municipality building has been constructed at the encroached land.
Likewise, two ropanis belonging to Fungsing community forest at Miklajong of Tumbewa village municipality, and three ropanis of another community forest have been encroached upon. The Uttare Bazar of then Sarang Danda-1, which has now been expanded on the encroached land, is still being encroached. According to the District Forest Office, Panchthar, more than 55 hectares of land have been encroached. However, the concerned authorities, including the Forest Office, Survey Department, Land Management Office, and the local governments are tight-lipped.
Five stake-claims on a piece of land
Surprisingly, a piece of land in Bharapa has been sold to five different persons merely on the basis of an agreement letter. A plot of land has been sold to five people, including Dal Prasad Dahal of Tharpur village, Krishna Limbu and Yamnath Bhandari of Bharapa. Yamnath Bhandari, who was laying the foundation of his house in his plot, was taken aback when four others approached him with the unofficial ownership document. The landowner had sold the same plot to five different people. Unfortunately, none of the five owners have acquired the land ownership certificate from the land management office.
Meanwhile, Karna Shyam Lawoti filed a case at the Panchthar District Court in 2005 seeking prohibitory orders from the court about the land business by the Jabegus. Lawoti, in his application, had clearly mentioned that the land sold by the Jabegus would not be registered at the land reforms and management office. Lawoti too had purchased more than 10 ropanis of land from the Jabegus on the basis of an unofficial written agreement.
In 2008, the district court issued a verdict, which barred people from claiming the ownership of the public land. Challenging the district court’s decision, the Jabegus then moved the Ilam High Court, which on January 2, 2018, issued a decree to the land management office, Panchthar saying that the concerned office should take care of the land registration process. However, the court’s decree has further complicated the situation to the land management office, according to Ganesh Kumar Khadka, Chief of the Panchthar Land Management Office. Khadka said that the land issue has complicated the situation in the absence of the land ownership certificate even as the issue has reached the courts.
Surprisingly, the district land management office and survey department are not in a position to initiate action on the land issue at Jorpokhari. “Several people have claimed the stake of the same piece of land at Jorpokhari. Till date, nobody has turned up to formalize the ownership of the land. Moreover, the land which does not have ownership certificate cannot be parceled or charted-out,” Lal Man Chemjong, Chief of the Survey Department, Panchthar said.
Local government’s take
Political leaders, who assured to manage the messed up settlement, and stop land encroachment during the election campaign, have been tightlipped after winning the elections. These leaders had even assured the people of making available the land registration certificates of the land during the elections. However, the leaders, who during the election campaign, had assured of making available the registration land certificates are ignoring the problem citing ‘pending in the courts’ issue. “The leaders, who have won the election have disappeared while those who lost the elections point their fingers at the representatives,” complained Rita Sherpa.
Political leaders are divided over the issue of land encroachment and land disputes. Nepali Congress district president of Panchthar, Narendra Kumar Kerung opines that the disputes have to be resolved in a new way. “The investment of those who have constructed the houses in such lands should not fall prey of the conflict of ego between the Limbus and Mainalis,” he said. Likewise, former UML district Chairman Raj Kumar Bhandari argues of addressing the problem by introducing a land management act.
Meanwhile, Chief of the District Forest Office, Panchthar, Meghraj Rai claims that the disputed forest land belongs to the government. Rai seeks the support of the local representatives to remove the market from the encroached area. “Bringing the already built houses under the ambit of the law and prohibiting further encroachment of forest land should be the priority,” he suggested adding, “The local government and representatives should take the initiatives for this.”
Saying that the issue comes under the forest act, Chief District Officer of Panchthar district, Prakash Chandra Adhikari assured of support provided that the District Forest Officer took the initiatives to take action to resolve the problem. However, Bishnu Prasad Sapkota, Chief of the District Coordination Committee, Panchthar, said that since the businesses have already been established and running in full swing in the area, prohibiting further encroachment is not easy. (Sapkota reached to the position after being elected to the ward member by alluring the voters of the Hilihang-6, Jorpokhari).
Stakeholders accuse the concerned authorities of turning deaf ears despite the provision of action against such encroachers. According to the Forest Act 1992, a person encroaching upon the forest land will be imposed a fine of Rs. 10 thousand and one-year jail-term or both. Bhuwani Prasad Lingden, Chief of the Hilihang Village Municipality said he would take up the issue at the Village Council meeting by addressing the settlement issue. Lingden, who was elected from the then CPN-UML party, had promised to raise the issue as soon as he got elected. District Forest Officer Megh Raj Rai opines that the concerned village municipality and the municipality should be responsible to address this problem. “The best way out would be to manage the already settled marketplace and stop further encroachment,” he suggested.
