Kathmandu, January 24:

The Supreme Court today declared null and void a provision in the Guthi Sansthan Act and barred transfer of land under public trusts into private ownership.

A three member full bench comprising justices Ram Prasad Shrestha, Bala Ram KC and Damodar Prasad Sharma issued the verdict acting in a Public Interest Litigation (PIL) filed by advocate Prakash Mani Sharma.

The bench, in its perspective overruling for the first time, scrapped Clause 25 (2) (C) and 36 of the Guthi Sansthan Act 1976 that authorised the Land Revenues Office, the Land Reform Office and the Guthi Sansthan to transfer ownerships of the trust lands to private ownership. After depositing 50 per cent amount as per the value determined by the government or exchanging pieces of land in other places the government authorities used to transfer such public land into private ownership.

The bench also told the authorities to check irregularities occurring while while transferring public trust land into private ownership. The apex court directed the government, the Ministry of Land Reform and Management and Guthi Sansthan Central Office to implement the report prepared by high-level commission headed by senior advocate Basanta Ram Bhandari.

The bench stated that the provisions of the Act encroached the right to religion and culture guaranteed under Article 17 (3) of the Interim Constitution of Nepal 2007.

The bench also scrapped a decision of the Land Revenue Department passed in 1988, which directed its subordinate bodies — the Land Revenue Offices and the Land Reform Offices and Guthi Sansthan offices — to convert such land into private ownership by getting compensation. “It is improper to transfer such valued lands into private ownerships by exchanging them with cheap lands,” the bench observed.

According to advocate Uddav KC, the government authorities used to transfer hundreds of ropanis of such trust land into private ownership annually only in the Kathmandu valley. He said that the judgment is milestone to preserve trust lands.