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What happens if land exceeds legal ceiling limits?

In those disclosures, it was found that some ministers own land exceeding the ceiling limits set by existing law. 
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By BHUWAN SHARMA

KATHMANDU, April 14: The asset details of the Prime Minister and ministers were made public on Sunday. In those disclosures, it was found that some ministers own land exceeding the ceiling limits set by existing law. In several cases, land registered in the name of ministers or their undivided family members exceeds the limits prescribed under Section 7 of the Land Act, 1964.



According to former government secretary Gopinath Mainali, there is a legal provision allowing the government to acquire land that exceeds the ceiling by paying compensation. However, before doing so, the government must first prepare a consolidated profile of the family and verify whether the land is registered under an undivided household.


He said that the public disclosure of asset details by the Prime Minister and ministers should be seen positively. “We should take the disclosure of asset details positively,” he said.


Section 7 of the Land Act, 1964, states that an individual or their family members can own up to 10 bigha of land in the entire Tarai region, including the Inner Madhesh; 25 ropani in the Kathmandu Valley; and 70 ropani in the hilly regions outside the Valley. Similarly, for residential purposes, the Act allows up to one bigha in the Tarai, including Inner Madhesh; five ropani in the Kathmandu Valley; and five ropani in hilly areas outside the Valley.


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Section 12(c) of the same Act states: “Land acquired under a notified order issued pursuant to this Act shall not be sold, distributed, transferred in any manner, or exchanged by the concerned industry, establishment, company, project, educational institution, or any other organization.”


The Act also prohibits mortgaging land exceeding the ceiling in banks.


According to the asset details made public on Monday, Prime Minister Balendra Shah owns houses and land in Kathmandu and Dhanusha. In his mother’s name, there are five aana of land in Kathmandu Metropolitan City–9 and 1.2 bigha of land along with a house in Dhanusha. Similarly, in his father’s name, nine bighas of land have been listed in Mahottari.


Likewise, Minister for Home Affairs Sudan Gurung owns 19 ropani 15 aana of land in Dhankuta. The disclosure states that the land was acquired through investment. In his father Dil Bahadur Gurung’s name, 30 kattha of land is listed in Gunjnagar, Bharatpur Metropolitan City–18 of Chitwan. In the name of his grandfather Ramsal Gurung, 221 ropani of undivided land is recorded in Chunanubri of Gorkha.


Similarly, Minister for Foreign Affairs Shisir Khanal’s father owns 28 ropani of land in Tanahun and Nawalpur, as mentioned in the asset disclosure. The land is stated to be ancestral property.


Minister for Physical Infrastructure and Transport Sunil Lamsal’s father owns 29 ropani of land in Biruwa Municipality of Syangja.


Likewise, his mother owns 10 kattha 15 dhur of land in Kawasoti of Nawalparasi and one kattha 10 dhur in Tilottama of Rupandehi, according to the disclosure.


Minister for Education, Science, and Technology Sasmit Pokharel has stated that her mother owns 11 ropani 4 aana of land in Godawari, Lalitpur. She has also disclosed that there is additional land in Kathmandu in the names of her mother and father.


All the land is stated to have been acquired through salaries and benefits earned while her father was employed at Nepal Rastra Bank, as well as through the sale of ancestral property.

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