" Encroachment of both public lands and guthi lands is a serious problem in Nepal as they are largely unattended"
The government in all probability does not know how much land it actually owns in the country. In the absence of systematic record-keeping of public lands, they are being encroached by squatters and unscrupulous individuals out to grab government land for free. In a bid to keep an inventory of all government lands across the country, the Ministry of Land Management, Cooperatives and Poverty Alleviation has issued the "Working Policy on Registration, Use, and Leasing of Government Land, 2022". Accordingly, the concerned land revenue offices shall register all unregistered government lands in the name of the Government of Nepal. They will include all lands currently being used by the all three levels of governments and their entities but have not been registered in the government's name so far. Just as with private lands, it has been necessary to maintain an up-to-date record of government lands so as to establish certainty of ownership, rights to land and to collect revenue. It will also facilitate the transfer of land for various purposes, besides providing easy access to information about land.
Once registered in the name of the government, such public lands can be provided or leased out to a government office, UN agencies, foreign diplomatic missions and intergovernmental offices to which Nepal is a party for use for a period not exceeding 40 years, the policy reads. A committee led by the chief district officer in each district will recommend to whom to lease or provide government land, although the Council of Ministers is the ultimate authority that will make the decision. In January last year, the ministry had issued the standard on allowing the use of public land to provide public land to government entities if they so require it. Government entities such as community schools, health facilities, hospitals or government offices are entitled to receive and use public lands but not non-governmental organisations.
Encroachment of public lands and guthi lands is a serious problem in Nepal as they are largely unattended.
It is not surprising to see billboards being erected on uncultivated land claiming it is government land. Despite the attention drawn in the Auditor General's Report year after year to the problem, inaction on the part of the concerned authorities only encourages individuals to encroach on public lands and register them in their names. 'Land mafia' or land grabbers also have the protection of the political parties, a reason why land encroachment is so widespread. Despite the huge machinery that backs the government, it is not always feasible to stop encroachers from usurping its lands. So the local governments and the locals must also take the initiative to see that no government land is encroached upon and help in registering all such lands, even if they have been usurped, with the concerned land revenue offices. Once registered, the government should see to it that those receiving public lands utilise them only for the purpose intended. We have seen how land acquired by the government from the locals for Tribhuvan University in Kathmandu, for example, is being used by more than a dozen non-academic institutions, some of them profit-making ones.
Take precautions
The number of coronavirus cases is on the rise in recent times despite the mass vaccination campaign against it that started since January-end last year. Majority of the people above 12 years of age have already been immunised, most of them receiving the third or booster dose. Still, cases of COVID-19 continue to be detected in the major cities, including the Kathmandu Valley. With this, the caseload of COVID-19 will cross one million within a short period of time if the people do not adhere to the prescribed health protocols.
Cases of COVID-19 increased after the conclusion of the local level elections held on May 13 when the political parties had launched election campaigns that had the participation of a large number of people across the country. Although nobody has died of the disease in the last two months, its resurgence may pose a serious threat to public health as the people have stopped maintaining social distancing, and most of them have also stopped using face masks while venturing out of their homes. To keep the virus at bay, the government should not stop the immunisation drive that has helped save the lives of those who have other health complications. Precaution is always better than cure.
A version of this article appears in the print on July 15, 2022, of The Himalayan Times.