Welcome to Bold decision Regarding the landmark judgment of the Supreme Court

Whenever  crisis came over in the constitution and there is crisis in the country, then the government makes a wrong decision, but the Supreme courts of Nepal have a history of being serious about the interests of the country.

The Supreme Court has done important work and bold decision on the 7 February 2024 A.D, (24th of Magh 2080 B.S) a historic and important action in favor interest of the country.

This is not the only example of the court being active and working for the good of the country. The Oli government’s recommendation to dissolve the parliament, and it has been repeatedly saved by the Supreme Court of Nepal, creating an example of the wrong decision of the government and saved by the court.

This decision of Girivandhu Tea State can be taken as a representative case. But there are countless incidents like that of Girivandhu Tea State. The good and arable land is running out due to land mafia and land grabbing in Jhapa. Even the Land Use Act 2078 has started to work but it seems to be weak in front of land mafias.

Despite the existence of alternative measures, K.P. Sharma Oli’s government is not only short-sighted, but it is also serious that the country’s land is under pressure from land mafias. From the lessons of this incident, not only Oli’s government but also Prachanda’s government should consider the government’s positive steps as the decision made by the court in favor of the national interest.

This has warned to the land mafias that they shouldn’t commit a serious crime of selling the country’s land. The Supreme Court has annulled the decision taken by the then KP Sharma Oli-led government to allow land acquisition beyond the limit of Girivandhu Tea-State.

On Wednesday  (7thFebruary), the (five-member) constitutional bench with the Chief Justice has taken an important step in the interest of the country by deciding that the amendment to the law that would take into action, for commercial or housing purposes.

Otherwise, it would not take long time for the cultivated land to be abandoned for cultivation and to convert into housing. The full bench comprising of Chief Justice Bishwombhar Prasad Shrestha, Justices Ishwar Prasad Khatiwada, Sapna Pradhan Malla, Prakashmansingh Raut and Sushmalata Mathema stated that the government’s decision was not in line with the legal provisions and was of an immature nature, Peoples and intellectual sector had welcomed the historic decision to stop the misuse of land in Nepal.

The Constitutional Bench of the Supreme Court annulled the decision made by the Oli government on 26 April 2021 A.D,(13 Baishakh 2078). It has been decided that the disputed decision is not in accordance with the legal provisions of the Land Act, 2021, including Section 12(c) and is of an immature nature, so the decision and the actions taken in accordance with it are also null and void. At present, the land grabbing activities of the country’s government and semi-government lands in collaboration with some selfish land administrators have not stopped yet.

The land belongs to the state. The land should not be allowed to be used for the selfishness of individuals as it is a fundamental right under Article 18 of the Constitution. The land does not belong to anyone. Based on the principle of natural justice, the land should be owned under the state, or it should be handed over to the farmers who want to do agriculture.