Process for Land Acquisition
- POWER TO ACQUIRE LAND FOR BODY CORPORATE:
(a) The corporate body requests the Government of Nepal to acquire the land subject to payment of compensation and other expenses under the act, the Government can grant the approval for the following purposes:
- To construct residence for staff, workers or laborers of the corporate body or to undertake any function in the interest of the public.
- To operate a project that is fully owned by the government that is connected to the body corporate or to construct a warehouse for the purpose of storing goods and commodities
(b) State government fully owned project that is connected to body corporate or to construct a warehouse for the purpose of storing goods and commodities subject to payment of compensation and other expenses, the state government can request with respect to that land acquisition to the federal Government. After such request the federal government can grant the approval for acquiring the land.
(c) The proceeding under the Act cannot be initiated unless the body corporate has executed a written deed for requesting land acquisition with respect to the following matters:
- Payment to be given to the government of Nepal with respect to all the expenses that has incurred or is likely to be incurred.
- If land is for the purpose to construct residence for workers or technical personnel or to provide comfort, the period required for completion of the building and the period for which it shall be maintained.
- If any other purpose of construction, the estimated time for construction and the method of such use.
2. PRELIMINARY ACTION:
After the government of Nepal has sanctioned the approval for acquiring the land, Gazette third class officer or the Section Officer and in case the officers are not available the Head Officer can initiate preliminary action to confirm the place and the land.
At least officer level employee of the corporate can be appointed if the body corporate has requested the government to initiate preliminary action by an employee.
The officer initiating the preliminary action shall put a copy of notice for the concerned person in the following office or place:
- Where people mostly move near the concerned land,
- Concerned Local Legislature and Municipality office,
- House door or the walls of the compound if it has to be acquired.
The officer to initiate the preliminary action can enter into the concerned land or compound of the house along with workers and employee after three days of providing information for the following works:
- To conduct survey or mapping of the land
- To collect sample of the soil, stone etc,, to dig to find if the land is appropriate or not
- Erect pillars etc., define or demarcate the land which is considered suitable to acquire
- Install any equipment for any operations to conduct survey or mapping of land or to collect sample
3. REPORT TO BE SUBMITTED IN RESPECT TO PRELIMINARY ACTION:
The officer concerned to conduct preliminary action shall complete the action within 15 days to determine whether the land is appropriate and suitable for acquiring and also further submit a report containing necessary information. The report shall also contain the amount of compensation and the full particulars of losses.
4. NOTIFICATION OF LAND ACQUISITION:
After the report has been submitted by the officer, the Local officer shall issue a notification is respect to the land:
- The purpose for which land has been acquired
- Whether only the land is to be acquired or whether it is to be acquired along with the houses and walls
- Name of the Local Legislature and Municipality where the land is located
- The plot number, if the land has already been surveyed and measured
- If land has not been surveyed and measured, such information that would help to identify the plot and the information regarding the boundaries
- Area of the land or soil Muri
- Any other necessary particulars and information in respect to it
One copy of the notification shall be placed at each of the following offices and places:
- The local office of the project for which land is to be acquired
- District Administrative Office
- Local Legislature and Municipality office
- Land Revenue Department
- Concerned area near the acquiring land
- Any such area that deems fit.
In case the local officer feels that the concerned person will not be able to know about the land acquisition if deems appropriate and feasible, personally send notice to the concerned person. In case the amount for compensation has already been determined by the time such notice is send to the person, the officer shall also mention the time limit within which the concerned person should collect the compensation and also should state the name of the officer from whom it should be collected.
5. PARTICULARS TO BE GIVEN IN NOTICE RELATING TO LAND ACQUISITION:
The notice that is issued shall also include the following particulars for the information to be provided to the concerned person:
- The information that the concerned person shall submit an application to claim the compensation within fifteen days along with documentary evidence of his/her title to the land
- The concerned person on the acquiring land is allowed to cut the trees or crops grown by the person and also demolish the houses or wall that is located in the land if the person is permitted to do so.
6. RIGHTS OF LANDOWNER TO FILE COMPLAIN:
After the notice has been affixed, within seven days and additionally the time required for the journey, the land owner can file complaint with the Ministry or Home Affairs and the Government of Nepal by explaining the reason if any, why his/her land should not be acquired. If the tenant has built house on that land with the consent of the land owner, such tenant can also file the complaint.
The Ministry of Home Affairs and the Government of Nepal shall consult the officer involved in preliminary action and if necessary shall also consult the local officer before taking the decision.
After hearing the complaint from the person the Ministry of Home Affairs and the Government of Nepal shall exercise the power vested in the District Court in respect to conduct local investigation, summoning of witnesses, recording of statements or collecting the documents and the decision shall be given within fifteen days from the date of receipt of such complaint.
7. POWER TO ACQUIRE THE LAND:
The local officer shall have the power to take in possession the concerned land and hand it over to the corporate body after the decision has been given on the complaint filed by the landowner. Such land shall be utilized for the purpose for which it has been acquired. After taking the possession of the land, the local officer shall notify the same to the Government of Nepal accordingly.
In case if the house is to be acquired along with the land, and it is being occupied by the owner personally, it shall not take the possession unless the owner is paid fifty percent of the amount of compensation payable to him/her.
8. POWER TO DETERMINE THE COMPENSATION AND TO CLASSIFY THE COMPENSATION:
The compensation under the act shall be payable in cash. Also there shall be a committee of the officers to determine the compensation that is to be paid to the owner of the land.
9. TRANSFER OF OWNERSHIP:
After the land has been in possession of the corporate body, the ownership shall be transferred to the body corporate for which the land has been acquired.
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