Congress Leaders Push Amendment to Curb Land Mafia Exploitation

Nepali Congress General Secretaries Gagan Thapa and Bishwa Prakash Sharma have jointly proposed amendments to the draft land-related bill to prevent possible misuse of land beyond ceiling limits by land mafias through legal loopholes.

Citing previous cases of land misuse under the names of Patanjali Yogpeeth and Giribandhu Tea Estate, the leaders have urged the government to explicitly define restrictions in the new law to ensure such exploitation is not repeated.

“The law must clearly specify that land granted beyond the ceiling for specific purposes cannot be used for other objectives,” said Pratap Poudel, legal advisor to Gagan Thapa. “The current bill has ambiguous clauses that could be misinterpreted.”

The duo have filed an amendment to Section 12 (cha) of the existing Land Act. They propose the addition of Section 12 (ja) to introduce a special clause on ceiling exemptions for real estate businesses. They have also recommended clarifying the restrictive language following sub-section 4 to close potential loopholes.

Proposed Key Amendment

Instead of the existing vague restrictions, the amendment explicitly prohibits the conversion or misuse of land received as ceiling-exempt for agricultural or institutional purposes. The proposed clause states that if land granted for use in commercial farming, tea industries, or institutions is left barren, repurposed, or developed later under a real estate company—even if approval is sought—it cannot be sold or used for housing or apartment construction under the exemption clause.

This follows controversy during the 8th amendment to the Land Act in 2076 BS (2019 AD) under then-Prime Minister K.P. Sharma Oli, which allegedly allowed Giribandhu Tea Estate to swap and sell land exceeding legal limits. Critics say the current bill proposes even more lenient policies than those passed during Oli’s tenure.

The bill also aims to ease the transfer of land ownership to landless Dalits, squatters, and unmanaged settlers. However, Thapa and Sharma argue that this could further enable manipulation by land mafias if not clearly regulated.

Further Demands for Clarity and Protection

The lawmakers have called for additional clarity in Section 52 (kha), which provides land to landless Dalits and squatters. They propose removing the term “unmanaged settlers” from this section. They have also urged for amendments in the National Parks and Wildlife Conservation Act, 2029 BS (1972 AD) to prevent possible misuse during land distribution.

The bill currently allows land mapping and redistribution even if forest or shrubland appears in the map, provided the land is occupied by landless groups. However, Thapa and Sharma emphasize that such open and non-residential areas should not be subject to re-mapping, arguing it could lead to encroachment.

Poudel also stressed the need to define parameters for land ownership such as:

• The economic status of beneficiaries,
• Nature and size of the land,
• Value and history of occupancy,
• Whether the person already owns land in urban areas.

“There are many open areas marked as forest or shrubland. Re-mapping them can lead to unlawful encroachments,” added Poudel.

The government had earlier introduced five ordinances including land reform on Poush 26, 2080 BS (January 10, 2024), but they were automatically scrapped after Janata Samajwadi Party, Nepal, refused to support them in the National Assembly. On Baisakh 23, 2081 BS (May 5, 2024), the government re-registered the bill in Parliament with similar provisions.