Now the federal, provincial and local govts have the challenging task to prepare appropriate land use plans
Three years after the federal parliament endorsed the Land Use Act, the government has issued the Land Use Regulations, which divide the land into 10 categories on the basis of its features. If implemented well, the policy could be a game changer in effective land management and ensuring sustainable use of land resources in the country. Although the government had formulated the National Land Use Policy a decade back in 2012, it could not be implemented until now for lack of regulations. The policy was amended in 2015 in view of the political changes and the disastrous earthquake, but it wasn't until March 2019 that the parliament could endorse the related act. Based on the topography, efficiency and land utility, existing use and necessity, land has been now been categorised into agricultural, residential, commercial, industrial, mines and mineral area, forests, public use and cultural-archeological, among others.
The regulations do not allow land of one category to be used for another purpose, although the classification can be altered through a due process. The land owner can also move the court should be not be convinced about the classification of his land.
The Land Use Regulations hold great significance for long-term land and agrarian reform in the country.
The policy gives prime importance to agriculture, which is understood given Nepal's shrinking farm lands and inability to feed its population. The runa-d its population. The runaway urbanisation taking place right across the country is begging to stop precious farm land from turning into real estate property by brokers and middle men. The regulations allow any other category of land to be used for agriculture until it is used for its specified purpose, but not the other way around. This is to say commercial plotting of land and its sale are prohibited on any land other than classified for residential purposes. The regulations also have provisions for pooling land to promote mechanisation of agriculture and controlling land fragmentation, while prohibiting the construction of new houses or other such structures on agricultural land unless they have already been built.
Also, if land allocated for agriculture is not cultivated for three years, it can invite a fine of Rs 100,000. This should help bring land left fallow by deserting migrant workers back into cultivation.
Now the federal, provincial and local governments have the challenging task to prepare land use plans and see that the plans of the lower levels do not contradict or challenge the ones prepared by those above them. This requires them to do a thorough study of various issues, ranging from status of land, types of land, population growth and land requirement for farming and housing to land required for infrastructure development. While preparing such maps, especially by the local levels, locations vulnerable to natural disasters must be identified and indicated. The Ministry of Land Management, Cooperatives and Poverty Alleviation must now see to it that all 753 local governments prepare their land use maps within the stipulated timeframe. It has been 10 long years since the Land Use Policy was first mooted, and any dillydallying in preparing the related plans would defeat the very purpose of conserving agricultural land.
Ad hoc decisions
The Airline Operators Association of Nepal (AOAN) has opposed the decisions of the Civil Aviation Authority of Nepal (CAAN), which allows domestic airlines to takeoff only after analysing the weather en-route to a destination. This decision was taken following the fatal crash of Tara Air in Mustang on May 29. The Meteorological Forecasting Division sends weather reports to Kathmandu and Bhairahawa every 30 minutes, and to eight other airports every hour. The AOAN has asked CAAN to coordinate with the concerned bodies to make en-route weather reports available to all airports, especially in the hilly areas. If this rule is applied, many flights will need to be cancelled due to unavailability of en-route weather reports.
The AOAN has also asked CAAN to suspend another of its decisions, which requires two pilots for a single-engine helicopter, saying it is impractical and will involve cost overrun for helicopter operators. CAAN takes such decisions in response to an air accident but relents to pressures from the private airline operators.
Both airline companies and CAAN must work together to ensure air safety in the country. Ad hoc decisions are not going to make our skies safe unless they are abided by all.
A version of this article appears in the print on June 03, 2022, of The Himalayan Times.
