KATHMANDU, NOVEMBER 9
Thamserku Treking Pvt Ltd issued a press statement, saying that it has done nothing wrong in the lease contract it had signed with the Nepal Trust for 30 years.
The company said it objects to the 'misleading, baseless, and legally inconsistent news and information' published regarding the land owned by the Nepal Trust located at Durbar Marg, Kathmandu Metropolitan City Ward -1 which the company had leased after completing all legal procedures on May 28, 2017.
The misleading reports concern matters such as the building constructed by this company on the leased land, the lease amount, lease duration, and total leased area.
The company stated that 'misinformation' about the lease contract creates public confusion and undermines the rule of law and these types of activities have also made it difficult for honest businesspersons to operate smoothly.
We, therefore, make a public appeal to all concerned parties to be aware, sensitive to, and respectful of the principles of the rule of law, Thamserku Trekking Pvt Ltd stated in its release.
The company clarified that it had participated in the tender price, proposing a total payment of Rs. 1,594,052,004.60 (Rs. 1,401,086,077 for the land and Rs. 19,29,65,927.60 for building construction).
The company said it was awarded the lease of the land and permitted to construct buildings thereon for a total period of 30 years, including three years for construction.
The company said although the initial proposal estimated the building cost at Rs. 19,29,65,927.60, the actual cost exceeded Rs. 40 crores. It said it has already paid more than Rs. 21 crores to the Nepal Trust Office as lease payment to date.
Contrary to what has been reported in some news outlets, this company has never used government land unlawfully. We clarify through this statement that such allegations are completely false and fabricated. The company constructed its building only on Plot No. 4606, and no structure has been built on Plot No. 4605, which remains as a public pathway as before.
Reports claiming that the total lease amount is six billion rupees are entirely untrue. If this company had any malicious intent, how could a situation arise where, knowing full well that the lowest bidder had quoted Rs 62,24,58,816, it would still agree to sign a contract for Rs 1,59,40,52,004.60? the company wondered.
Furthermore, the next lowest bidder's quoted amount was only Rs 26,28,00,000. If there had been bad faith, the company could have easily secured the contract by increasing its bid by just two to four crore rupees more than that bidder.
However, without doing so, the company maintained its quoted amount of Rs 1,594,052,004.60 (including Rs 1,401,086,077 for land and Rs 192,965,927.60 for building construction and signed the agreement accordingly.
Moreover, even today, with six billion rupees, it would be possible to purchase 30 ana of land in the Durbar Marg area. Would anyone agree to pay six billion rupees just for the use of 30 ana of land? Based on this calculation, the rent for the land alone would exceed Rs 1,500 per square foot per month - is that the prevailing market rent today?
The company said the issue reportedly raised by the Office of the Auditor General was fully investigated by the Commission for the Investigation of Abuse of Authority, and as per the Commission's decision taken on February 11, 2019, the matter has already been resolved.
The company also said that the issue was raised and decided by the Patan High Court, but since no appeal has been filed against the verdict any news contrary to the settled case constitutes contempt of the court.
Yesterday, the Central Investigation Bureau of Nepal Police had arrested then Joint Secretary at Nepal Trust Lekh Bahadur Karki accusing him of favouring Thamserku Trekking Pvt Ltd in the lease contract and causing loss to the government body.
