Kathmandu

Murky laws spark dispute between the federal and local government

By Bal Krishna Sah

FILE----Kathmandu Metropolis Mayor Balendra Shah. Photo: RSS

KATHMANDU, JUNE 3

Lack of clarity in the laws has sparked tensions between Kathmandu Metropolitan City (KMC) and the road department over road construction and pavement expansion in the New Road area.

Despite a disagreement between the city police and the road department, the road division office blacktopped a road narrowed by Kathmandu Metropolitan City (KMC) to increase pavement width.

The KMC had dug up segments of the road in front of Bishal Bazzar along Indrachowk towards the Juddha Shamsher statue.

Prior to this, on May 30, the road division office requested that KMC repatch roads. However, due to a lack of response from KMC, the division office decided to repatch the road segments today.

On May 25, the KMC dumped a truckload of dirt and trash outside the Road Division Kathmandu office, claiming that the delayed road expansion work from Kalanki to Maharajgunj was causing public problems. However, it was later revealed that the mayor was upset with the office for not allowing the city to narrow the road in New Road area.

The conflict emphasizes the ongoing challenges and lack of coordination between city authorities and road management agencies in urban development projects.

The Department of Roads' Assistant Information Officer informed THT that the narowed road was blacktopped today. The Road Division Office, Kathmandu, had previously warned of consequences 'However, we should take this particular dispute in a constructive and positive manner, as it depicts a clear lack of coordination and implementation of federalism,' he said.

'A conflict of ownership was observed between the federal and local governments in KMC and the Department of Road Devison. Even the Public Roads Act of 1974 lacks clarity on road ownership and definition. We have already drafted the act with amendments, and once it is passed by houses, roads belonging to the local level will be transferred to them. Until then, it is subject to our legal jurisdiction.'

After the Road Division began blacktopping the road, KMC Mayor Balendra Shah expressed his dissatisfaction on social media, accusing CPN-UML chair KP Sharma Oli of misleading the country in order to conceal his Giri Bandhu Tea Estate scam as Minister for Physical Infrastructure and Transport Raghubir Mahaseth, who is from UML.

'Please do not mislead the people by creating another scam to conceal the Rs 100 billion scam, honorable KP Oli. It appears that you have assured those who have made advance payments for land in Jhapa's Giri Bandhu Tea Estate that they will receive the same land within two years. Considering your historical involvement in the policy manipulation attempted with the land of Giri Bandhu Tea Estate, it is difficult to believe even a leaf moves without your knowledge,' reads his post.

'It appears that the country will eventually be built. Even if you are attempting to conceal your wrongdoings and divert attention, it would be better if you used your influence to construct the Ring Road, the Butwal-Chitwan Road, and other projects like these. We are with you.'

Mayor Balen also warned Oli to return the advance payments to the victims on time, implying that a messiah may emerge and reopen the files. 'After all, you are well familiar with jail.'

Meanwhile, Oli dodged questions about the Giri Bandhu scam on Monday, instead pointing to KMC mayor Balendra Shah in response to a journalist question at the Parliament building.

When asked about the Giri Bandhu Tea Estate land case, Oli responded angrily, 'Ask Balen,' and declined to comment further.

A few months ago, the Supreme Court overturned the Oli government's decision to allow the Jhapa-based Giri Bandhu Tea Estate to swap land that exceeded the legal ownership ceiling in any other part of Koshi province.

The Supreme Court's constitutional bench, led by Bishowambhar Prasad Shrestha, ruled that the Oli Cabinet's April 26, 2021, decision violated Section 12(C) of the Land Act 1964 and was immature.

The government's land reform policy six decades ago established a ceiling for individual land ownership and confiscated all land that exceeded that limit. It did, however, allow businesses and industries to keep land beyond the limit, but only for the specified purpose, and prohibit the sale of such land.

The then Oli government had decided to allow the tea estate to exchange its expensive land in Birtamode for land in any other location within Koshi Province, sell the valuable land in Birtamode, or use it for other purposes.