Government's Delay: Two Months On, Land Use Regulations and Allocations Remain Undecided

It has been two months since the government decided to amend the land use regulations and open up land allocations, but the decision has not yet been made.

The Council of Ministers meeting on Baisakh 5 decided to amend the land use regulations and open the land use registers across the country. However, Damodar Regmi, Secretary of the Ministry of Land Management, Cooperatives, and Poverty Alleviation, was quoted as saying that the issue of amending the regulations is still under discussion.

"We are seeking opinions from various agencies," said Regmi. "Discussions are in progress, and we have not been able to move forward."

"The ministry is gathering opinions from the concerned ministries and the land and housing business association. The Ministry of Urban Development's opinion on the revision of the regulations has not been received yet," Secretary Regmi is quoted as informing.

"We had requested the Ministry of Urban Development for an opinion a month ago, but it hasn't been received yet," he is quoted as saying. "Maybe it will come now."

Upendra Keshar Khanal, Deputy Secretary of the Ministry of Urban Development, mentioned that they have also sought the opinion of the Kathmandu Valley Development Authority and Building Construction.

"It is related to land and housing. We have also sought the opinion of the authority and the building department," he is quoted as saying.

Deputy Secretary Khanal informed that the opinion will be sent to the Ministry of Land after receiving the opinion from the Authority and the Building Department.

An official of the ministry said that the issue of revising the land use regulations has been delayed due to political issues.

"We are doing our job, but this is also connected with politics," the official is quoted as saying. "That's why it has been delayed."

Bhesraj Lohani, President of the Nepal Land Development and Housing Development Federation, said that even after two months, no concrete work has been done on the matter decided by the Council of Ministers.

"Even in matters decided by the Council of Ministers, this delay is the inefficiency of the government agencies," he is quoted as remarking. "This delay has affected our business."

When the government issued the land use regulations in May of the last financial year to ensure effective land management, land acquisition was stopped.

The Ministry of Land Management directed that land should be categorized as agricultural and non-agricultural. It is mentioned that land should be classified into agricultural and non-agricultural areas such as residential, commercial, industrial, mining and mineral, forest, rivers, lakes, wetlands, public use, and areas of cultural and archaeological importance.

The regulation specifies the minimum area of land parcels classified as agricultural land. In Kathmandu Valley, agricultural land cannot be divided into an area less than 500 square meters. Similarly, in Terai and Inner Madhes, it cannot be divided into an area less than 675 square meters. In other areas, agricultural land cannot be divided into an area less than 1000 square meters.

Similarly, land classified as residential area cannot be divided into less than 130 square meters. In the case of a plot of land smaller than 500 square meters, it cannot be divided in such a way that the length is more than four times the width.

The regulation does not mention the area of commercial, industrial, mining and mineral, forest, river, lake, wetland, and public use land.

But according to this directive, the local levels could not classify the land. Only a few hundred could work. Due to the inability to allocate land until classification, there was a long period of stagnation in land transactions. The cabinet meeting decided to amend the rules and open the land registry all over the country, citing its impact on the economy.

It was said that the regulations would be amended to determine the quotas' limits in the commercial sector, increase the time for classification, and solve the problems in Anshbanda and Mohiani entitlements.

According to the rules, only land of at least four annas and one dam could be allotted, and that too only if classified. Due to the problem of Anshabanda and Mohiani rights, Secretary Regmi stated that the regulation is going to be amended so that both classified and unclassified areas can be divided in the same area.

He mentioned that preparations were underway to amend Mohiani Haq and Ashambanda so that a minimum of 80 square meters, i.e., two and a half annas of land, can be classified.

However, this rule will not come into force until it is published in the Gazette. Therefore, businessmen stated that there is still an obstacle in land transactions.

Despite the amendment, the local level is still required to classify land into all ten categories as mentioned in the Land Use Regulations. As it is difficult for the municipalities to complete the classification, preparations are being made to extend the time for this.

(Disclaimer: This text is a translation based on an original article. The quotes from officials have been kept consistent for accuracy.)