Right against appropr iat ion of Indiv idual proper ty by State & Land Acquis i t ion Law

Prepered by:Sena Bahadur Shrestha

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History

Before B.S. 1964, ownership of the lands in Nepal was traditionally vested on the state & the Royal vassals & former rulers, govt. Employees.

Private individuals would receive land rights as state offering with the State (King) as sovereign to the land.

Under the first Land Act 1964, the state granted the land users property rights jointly to the landholders & tillers .

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Since than, the dual ownership of landowners & tillers has been abolished & the land user’s property right is well defined under a series of Land Act.

Every individual has right to exclusive possession of land up to a ceiling level , fixed by the state under the Land reform Act and it’s amendments.

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The ownership of the Land can be changed after registering to the concerned land office.

The owners can perform their activities in their Land unless it harms other neighbours.

In cases, government can acquire the land with compensation to the owner under Land Acquisition Act 1977.

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According to land Act ‘Land’ means any land belonging to any person, & walls building, trees etc permanently installed thereon & ‘public purpose’ means undertaken in the interest of or for the benefit or use of the general public, or function to be undertake by government in Nepal.

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Government of Nepal may , if necessary acquire any Land at any place for any public purpose , subject to compensation under Land Act.

Government can acquire land for different purpose:-

To construct residential quarters for the staff, workers or labour of the government institution, or otherwise provided for their welfare, or undertake any functions in the interest of the general public.

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To operate a project connected with an institution fully owned by government of Nepal or to construct a go down for the storage of any commodities or material connected with or manufacture by any such institution.

The acquisition of Land shall not be initiated unless the institution request for Land acquisition.

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Government shall not acquire the Land accept practical purpose of agricultural research if the institution requires the Land for agriculture.

Compensation for the losses under acquisition Act 1977:-

Compensation shall be paid for losses resulting from clearing of crops & trees, & of demolition of wall etc or for damage, if any, suffered as a result of the removal or digging of earth, stone, ditches or boring.

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In case the concerned person is not satisfied with the amount of compensation determined under subsection (2) of Land acquisition Act he/she may file a complaint with he Chief District office on which he/she receives information thereof, & in such cases the decision of the Chief District officer shall be final.

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Right of Land to file complaint: Within a time limit of seven days from the

publication of notice under section (9) of Land Act, plus the time required for the journey involved, the concerned Landowner may file a complaint with the Ministry of Home Affair, the Government of Nepal through local officer, explaining the reasons, if any, why his/her Land should not be acquired.

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Allotment of other Land in exchange :- In case any person whose Land is wholly acquired

under this Act wants to obtain compensation in the form of Land elsewhere, Government of Nepal may, exchange for such land, allot him/her any waste Land or, Land belonging to itself or any other Land which is go into allot or sell in accordance with prevailing Nepal laws if, available.

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Compensation to be obtain by tenants:- In case, the Land to be acquired under this Act is a

tendency holding, 50% of amount of compensation payable for such Land shall be obtained by tenant.

Provided that, in case, a house constructed by the tenant with the consent of the

Land owner is also acquire, the tenant shall receive the entire amount of the compensation paid for such house.

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Land found unnecessary to be return to expropriated land owners:-

If any Land acquire pursuant to this Land Act 1977 is found unnecessary for the purpose for which it has been acquired or there remains surplus Land upon using for such purpose, it shall be returned to expropriate Landowners, unless it is otherwise utilized by Government of Nepal or an institution fully owned by it under section (33) of Land Act.

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Goods not to be returned if not lifted within prescribed time limit:-

In case, the person permitted to lift the crop, tree or building or wall constructed on the Land in accordance with the provision of this Land Act fails to do within the prescribed time limit, the local officer may impound the same, & no claim by such person to such crops, trees, house etc shall be

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