Some local governments of mid-western region have deemed those who defied Maoist orders by their ‘people’s government’ two decades ago as ‘cheats’. The move has sown seeds of another conflict.

Debendra Basnet: Centre for Investigative Journalism

Officials of Chaurjahari Municipality of Rukum district have deemed several residents as ‘cheats’, and decided to not provide them government services. There’s a strange reason behind the decision by the municipality.

During the war, the Maoists had issued edicts to people of mid-western region including Rukum to seek approval from their ‘people’s government’ instead of Land Revenue Office while selling and buying of land. At a time of Maoist terror, no one could defy their orders. That’s why thousands of families bought and sold land under the Maoist ‘government’. The Maoists charged them fee for issuing permission.  After the Maoist war ended, fear faded away. Those who sold their land under the Maoists didn’t transfer ownership to new owners. The municipality has called them ‘cheats’.

“These people sold their land, but now claim it belongs to them. They are cheats,” said Radha Roka,
Deputy Mayor of Chaurjahari Municipality. “Last year, we decided to not provide government services to these people.” The Municipality has issued a public notice to people who bought land under during the period and are facing trouble. “We have received complaints. If they are found guilty, we will include them in the list of cheats. They will not be eligible for government services,” Roka said.

Officials of Banphikot Rural Municipality in Rukum have pressured the Land Revenue Office to validate the documents issued by the Maoists. “We have not decided yet,” said the municipality chairman Dharma Bahadur KC. “But we have warned violators will be punished.” Due to the warning, almost 40 percent of the land that had been sold under the Maoist ‘government’ has been registered at the Land Revenue Office. According to KC, dispute of about 500 plots of land has been resolved following discussion, and about 800 cases remain unsolved.

Sanibheri Rural Municipality is also discussing the issue of land ownership. “We are discussing with both sides who bought and sold their land to find a way-out,” said Nar Bahadur Pun, the chairperson. During the period in Rukum (which is now divided between Eastern Rukum of Province 5 and West Rukum of Karnali Province), 4500 plots of land were sold under the Maoist ‘government’.

The Maoist trouble

Mohan KC of Banphikot bought 8 ropani of land for Rs. 80,000 from Tirtha Raj Sharma 11 years ago. After the transaction, the Maoist cadres provided a handwritten document and charged 5000 rupees, which was 6.25 percent of the turnover. “We did not ask anything because of the fear,” KC said.

Decision copy of Chaurjahari municipality that blacklists citizen whom din’t comply by Maoist government’s land ownership document.

Fellow villager Shashi Ram Rijal paid 2 percent fee to the Maoist ‘government’ when he bought land several years ago. “At the time, the Land Revenue Office also charged a two percent fee of the total transaction,” he said.

During the war, the Maoists didn’t allow people to visit the Land Revenue Office for the purchase of land. Anyone who defied the orders faced prosecution. But the Maoists would let go if they received huge amount. There was no difference between a fee and fine. “We used the money to commemorate contributions of martyrs of the war. We also spent in support of (Maoist) army,” said Purna Gharti, speaker of Province 5 who served as the chief of Maoist ‘government’ in Rukum district during the war.

After the Maoist formed their government following the peace deal, they promised the documents they issued will have legal authority. During its rule, the party took a decision to that effect. On January 12, 2012, the government led by Maoist Prime Minister Baburam Bhattarai decided to authorize the insurgency-era land transactions and to waive the fee. But the Supreme Court ruled out the decision of the Government, deeming the war-time edicts illegal. Then, people began to reclaim their property saying they sold it under pressure. Some buyers were forced to pay extra money to register the property at the Land Revenue Office. Some people who sold land during the war are still demanding additional payment for registration, claiming it still belongs to them.

In Rukum, land ownership was a major issue during the local, provincial and parliamentary elections. The Maoists who have elected in the local governments say they are now implementing it.

The dispute surrounding the ownership of the plots of land that were sold during the war is causing tensions in Rukum. On August 30, 2018, Surmadevi Khadka of Musikot Municipality-9 was collecting fodder for her livestock when Bhim Kumari Khadka, a local, questioned why she was using her farmland. A brawl ensued between the two, which left Surmadevi, who was using a sickle, with injuries in her hand.

Surmadevi had bought the land from Jhag Prasad Khadka, Bhim Kumari’s husband, in 2003 for 47,500 rupees. The Maoist ‘government’ had authorized the purchase. Fifteen years after the sale, Jhag Prasad claimed he owned the property. “Either he should have the land registered in my name or pay twice as much as I had paid earlier,” Surmadevi said.

Lal Bahadur Gharti of Chaurjahari Municipality-8 tilled the land of a local named Maite Batala. Batala said if Gharti didn’t buy 6 ropani of land from him, he will lose the land tiller’s rights. Fearful of losing the land, Gharti in 2003 paid 140,000 rupees to Batala. They were planning to travel to the Land Revenue Office in the district headquarters to transfer the ownership the land. But the Maoists found it out. They forced the two to carry out the transaction under their authority. “We were not allowed to travel to the government office, so we went to the Maoists,” Gharti said.

Lal Bahadur Gharti tilled the land for ten years without any problem. But, in 2013, Batala claimed that he owned the land. As the tension boiled over, Batala demanded additional payment from Gharti. Since Gharti didn’t have the documents to prove that he owned the land, he was forced to pay more money. “I had to pay one lakh rupees on top of 1 lakh 40 thousand I had already paid. Even then, they took away one ropani of my land,” he said.

Fellow villager Karna Bahadur Pun tilled Batala’s farmland. He also bought 6 ropani of land for Rs. 1 lakh 40 thousand from him, with the deal approved by the Maoists. “Later, he started threatening me saying he would transfer ownership to his family members,” Pun said. “In 2013, after I paid additional one lakh rupees, he passed on the ownership to me, but he took back a ropani of my land.”

Lile Khatri of Magma village of Rukum district had to pay Rs. 6 lakh in order to register the land he purchased in 30,000 rupees. Having received a document of ownership from the Maoists, Khatri had set up a water mill and started a banana farm. After the Supreme Court ruling, which rejected the Maoist writ,  the seller threatened to take the matter to the court. Aware of the fact that Khatri depended on farming for his living, the seller demanded that he pay Rs. 6 lakh for registration under his name. “I had to pay 6 lakh rupees for the land which I purchased in 30 thousand rupees due to the Maoists,” he said.

Dhan Bahadur Chand of Chaurjahari bought one bigha land from his distant relative for 6 lakh rupees 15 years ago. The transfer of ownership was officiated by the Maoists. He migrated from Garayal and settled down in Chaurjahari. He spent 10 lakh rupees on a house on the land. Shortly afterward, the seller said he will have to pay extra money to register the land under his name at the Land Revenue Office. Chand found himself in great trouble. “There was no way I could go away leaving all the property,” he said, “They demanded huge amount, but I persuaded them to register the property under my name for 75,000 rupees.”

Tej Bahadur Khatri of Magma in Rukum has been deprived of using the land he purchased. He bought the four kaththa land for 1 lakh 50 thousand rupees 13 years ago, when Maoists ruled the region. He did not have any problem for the past 12 years. But, one year ago, the old landowner started to fertilise the land for farming. When he tried to stop them, he was told to pay Rs. 3 lakh. “I requested them many times to allow me to farm the land, but they said they will do so only after I paid 3 lakh rupees.” He was ready to pay one lakh 50 thousand rupees, but the old landowners did not accept it. Since last year, they have been collecting the harvest.

Land ownership document during Maoist government era.

The insurgency-era Maoist writ has not only affected the buyers, but has also hurt the sellers. Ratna Khatri of Banphikot Rural Municipality-3 is among them. In mid-November 2007, he received a letter from ward office wherein he was asked to be present for discussions related to the land ownership. Khatri who sold land under the Maoists, participated in the discussion. The attitude of people’s representatives surprised him. “They did not just ask to allow transfer of the land ownership as per the Maoist writ, but also threatened to have those who defy it arrested,” he said. “In the past, they used to threaten to break our legs if we went to government office. Now they threaten to use police. We are always caught in the middle.”

Fourteen years ago, Khatri had sold one ropani of land to Dharma Bahadur KC and Hridaya Bahadur KC for 1 lakh 80 thousand rupees. Dharma Bahadur is now chairman of Banphikot Rural Municipality. Ratna had tried to persuade Dharma Bahadur to transfer the ownership to him at the government office. Ratna recalled Dharma Bahadur saying it would be against the Maoist policy. “Defying their policy meant having your legs broken,” he said.

After the discussion at the municipality, he is in more trouble. “I have been paying tax for the land, but they use it,” he said. “I asked them an additional 50,000 rupees, but they have threatened to use police to grab the land.”

In Rukum, the local bodies have not implemented the court’s ruling on land ownership documents issued by the Maoists. Athbiskot Municipality has requested District Administration Office to not take any initiative to remove the buyers from the ownership of the land. Gorkha Bahadur KC, the Mayor, said, “We have asked the administration to do so. The victim shouldn’t be further victimized. We should settle this after passing laws.”

There is no figure on how many people who bought the land under Maoists had to pay for the second time to register it in their name. Ekka Bahadur Pandey, an advocate supporting the buyers, said the number is about 1500. According to Pandey, some have paid money after the court ruling, and many have transferred ownership on mutual transactions.

Speaker supports Maoist writ

During the war, the Maoists operated their ‘government’ between 1999 and 2006. On December 14, 2000, the announcement of the ‘people’s government’ was made for the first time in Rukum. Purna Bahadur Gharti was the head of the government in the district.

Gharti is now the speaker of Province 5. He has been trying to make the insurgency-era edicts legal. “At the time, those who willingly sold their land are now claiming it lacks authorized documents,” Gharti said. “It is imperative that the Province should make policies and laws to resolve this issue.”

The government of Karnali Province is formulating policies to validate the war-time edicts. The province was planning to set up a commission which will settle the issue of land ownership and a land reform bill will provide a legal basis, said Bimala KC, the spokeswoman of provincial government.  “The commission will identify the problem and the law will resolve the issue,” she said.

“We will introduce laws to provide legitimacy to the documents issued by the Maoist ‘government,” said Gopal Sharma, a provincial lawmaker elected from West Rukum.

Can provincial assembly formulate laws giving legitimacy to the war-era ‘people’s government’? Bhimarjun Acharya, a constitutional expert, said, “The Constitution has not envisioned it. Land transactions carried out by a group or party cannot be endorsed legally,” he said.