Background of the Land Dispute
Nepal Scouts has initiated a legal process to reclaim structures and assets owned by Khadka Land Development Pvt Ltd due to unpaid land rent. The company is associated with Deepak Khadka, a prominent leader of the Nepali Congress party and former energy minister in the KP Sharma Oli-led government. This government was eventually overthrown by a Gen Z-led movement in September.
The Scouts issued a public notice on Thursday, stating that the company had not cleared its outstanding dues despite the property being sealed. The notice provides the company with seven days to settle the debt, with a warning that buildings and materials on the land will be seized if payment is not made within this period.
Legal Actions and Consequences
If the confiscated property does not cover the full amount owed, the Scouts have stated that they will pursue recovery from the company’s other assets. Khadka Land Development had leased three ropanis (1526.20 square metres) of land within the Nepal Scouts’ central office premises at Lainchaur. However, it was found to have encroached on nearly 12 ropanis (6104.7 square metres).
After failing to pay rent on time, the Kathmandu District Administration Office sealed the land and structures on April 18, 2024. Despite this, the company filed and withdrew multiple cases instead of settling the dues, causing what the Scouts described as “irreparable damage.”
Lease Details and Continued Occupation
The land, located next to the Department of Mines and Geology at Lainchaur in ward 29 of Kathmandu Metropolitan City, was leased to the company in 2008 for a period of ten years. Although the lease expired in 2018, the company refused to vacate the land. It continued to occupy additional space under the pretext of parking, leading to a dispute that reached both the Kathmandu District Court and Patan High Court, which ruled in favor of Nepal Scouts.
The company had constructed buildings and operated a party palace, hotel, and restaurant on the site. Following the court’s decision, the Scouts issued a 35-day notice on December 14, 2022, requesting the company to vacate the land.
Reasons for the Scouts’ Actions
Citing the company’s defiance of the court’s order and repeated correspondence, the Scouts said they were compelled to proceed with sealing and recovery until all outstanding dues are cleared. This move highlights the ongoing struggle between the Scouts and the company, which has been marked by legal battles and financial disputes.
Key Points of the Dispute
- Lease Agreement:The company leased land in 2008 for ten years but did not vacate after the lease expired.
- Encroachment:The company encroached on an additional 12 ropanis of land, leading to legal conflicts.
- Court Rulings:Both the Kathmandu District Court and Patan High Court ruled in favor of Nepal Scouts.
- Financial Issues:The company failed to pay rent on time, leading to the sealing of the property.
- Legal Actions:The company filed and withdrew multiple cases, delaying resolution of the dispute.
This situation underscores the complexities of land management and the challenges faced by organizations like Nepal Scouts in protecting their assets. The ongoing legal battle reflects broader issues of accountability, adherence to agreements, and the enforcement of court decisions.