Nepal’s Supreme Court Orders Land Acquisition Law Reform

Nepal’s Supreme Court has issued a directive order to the government to reform the country’s land acquisition law, which has been in place since 2034 BS (1977 AD). The court’s decision comes in response to a case involving the construction of a road in Okhaldhunga’s Champadevi Municipality-3, where a local resident, Chopindra Bahadur Tamang, claimed that his land was being unfairly acquired by the authorities.

Tamang had filed a writ petition at the Supreme Court, alleging that the road construction authorities had altered the original map to benefit a neighboring landowner, thereby encroaching upon his own land. The court has ordered the government to provide Tamang with compensation and to reform the land acquisition law to make it more time-efficient and fair.

Reform of the Land Acquisition Law

The Supreme Court has directed the government to reform the land acquisition law to make it more relevant to the current development context. The court has noted that the existing law is outdated and has failed to address the complexities of modern development projects. The court has also emphasized the need for a more transparent and fair process of land acquisition, which takes into account the rights and interests of affected landowners.

The court has issued a six-point directive order to the government, which includes the following provisions:

• The government should formulate a clear policy on land acquisition, which takes into account the rights and interests of affected landowners.
• The government should establish a fair and transparent process of land acquisition, which includes the provision of adequate compensation to affected landowners.
• The government should ensure the participation of affected landowners and communities in the land acquisition process.
• The government should provide adequate compensation to affected landowners, which takes into account the market value of the land and other relevant factors.
• The government should establish a mechanism for resolving disputes related to land acquisition, which includes the provision of a fair and transparent process of appeal.

The Supreme Court’s decision is seen as a significant step towards reforming Nepal’s land acquisition law and ensuring that the rights and interests of affected landowners are protected.