Friday, November 11, 2005

Stern SC order on Tinkune land

Kathmandu , Nov 11 - The Supreme Court issued a three-month ultimatum to the government to disburse Rs 60 million to Kathmandu Metropolitan City to hand over compensation for land acquired at Tinkune more than 30 years ago. The court order came in response to a contempt of court case filed by landowners after the government twice snubbed orders given by the court this year and last year.

The verdict, passed on Wednesday and a copy of which was given on Thursday by a bench of justices comprising Min Bahadur Rayamajhi and Balram KC, further says that in case the compensation is not provided within the time frame, the land should be returned to its owners, and that the court could initiate action against the government for repeated disobedience.

The government acquisitioned the land in Tinkune in 1974. In 1995, the government issued payment receipts without actually paying any money. In response, landowners filed a case. In 2000, a court order held the government act as irresponsible.

In 2002, the then government allocated a budget of Rs 60 million for compensation. Still, no money was disbursed. In 2004 and 2005, the court gave two separate ultimatums ordering the government to disburse the money. However, both the orders went unheeded.

The recent court order has cited that in 1983, landowners had agreed on a compensation rate of Rs 80,000 a ropani. "The government had to provide the compensation back then, so that landowners could settle somewhere.

The court cannot accept the government act of holding land for over 30 years and not providing anything in compensation," the verdict says.

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