Kathmandu. Attempts are being made to drag the Chhayadevi Complex, a modern commercial hub located in the heart of Kathmandu’s tourist hub Thamel, into unnecessary controversy by linking it with cultural heritage. However, if we analyse the evidences since 1967 BS, the records of the Guthi Sansthan and a series of court judgments, it is proved that this land is not public land but is a private land with full legal rights.
The first strong basis for the 1967 valid legal right
At that time, Nepal did not have the constitution and rule of law as it does now. Under the Rana regime, the country was governed by the orders of the rulers and the dictates of Shree 3 Maharaj were considered to be the highest legal basis. Under this provision, On February 11, 1967, by the decree of Shree 3 Maharaj (Chandra Shumsher), about 26 ropanis of land belonging to Bhagwan Guthi was transferred to the name of Keshar Shumsher. Since such an order was applicable as a law during the Rana regime, it is clear that Keshar Shumsher has the legal right and right to use the land.
Historically, in 1967, only Kohiti, Maruhiti and Thahiti were specifically defined in Kathmandu, and most of the rest of the land was distributed by the state or by direct order. So far, no law has been made to nullify such a right established by the dictates of the rulers. Therefore, it is irrational to call the land legally acquired by the directive as government or public today.
The then Kathmandu District Court Judge Bijaya Pratap Rana The verdict dated Baisakh 25, 2030 BS had legally confirmed that the land was transferred from the allotment to the name of Keshar Shumsher. Similarly, a division bench of Justices Gamma Dutta Tiwari and Jagannath Upadhyay upheld the decision of the District Court in 2031 BS and gave the final verdict that Keshar Shumsher was the tenant of the land. According to the verdict of the Regional Court, the letter from the Guthi Sansthan and the The letter written to the court on Shrawan 30, 2028 BS clarifies that the registration was registered in the name of Keshar Shumsher. The same decision shows that the tenant who acquired the land and the owner of the land was Keshar Shumsher himself. Thus, after the letter of the Guthi Sansthan and the verdict of the court have confirmed that both the tenant and the landowner are Keshar Shumsher, there is no place for this land to be made public.
Legal status of land ownership and transfer of title
In the legal history of Nepal, The provision of making formal land ownership certificates started only in 2021 BS. According to the rule of law, once the state gives a land ownership certificate to someone, for that land to become government or public, either the concerned heir has to give up his right, or the government must nationalize it by paying compensation. Neither the landowners have relinquished their rights to the land in the Chhayadevi Complex, nor has the government politicized it. Since neither of these things has been done, it is another irrefutable legal basis that the land of the Shadow Center is private, not public. In the absence of legal transfer of the land, the court does not seem to be able to take over the land even if it wants to.
How is there a historical pond with no road?
The narrative that is being made in the market now that the historical pond has been destroyed is just a misconception and rumor. If there was a historical or public pond in the place where the present Chhayadevi complex is located, then in ancient times there would have been a public road or road to reach it. Although other historical ponds in the capital (such as Ranipokhari, Kamal Pokhari, etc.) have access to the public from all sides, this place did not even have a trail road in the past.
By 1977 B. S., Keshar Shumsher had enclosed the area with a high wall and included it in his private palace premises. Since then, the public has been completely closed to the public, and there is no evidence in history of any public religious activities, fairs, festivals or community events.
Maheshwor Shrestha, a resident of Asan in Kathmandu, who is also the managing director of Chhayadevi Complex, said that after the construction of the complex, the traders themselves bought the road from the surrounding landowners for commercial purposes. The road that is currently used to enter the Chhayadevi Complex was constructed only after purchasing it from Guthi and local Panchalal Maharjan. The fact that the entrance to the complex had to be purchased privately proves that the site was previously a completely closed piece of private land with no public access.
In the year 1967, the date of the In 2030, the District Court and Irrefutable facts and evidences such as the landmark verdict of the regional court in 2031 BS, the Guthi Sansthan’s own records, the legal provisions related to land ownership and the lack of a public road historically, prove that the land built in the Chhayadevi Complex is entirely privately owned. Therefore, without any historical or legal basis, this land cannot be said to be public only on the basis of rumours spread in the market and false interpretations. It has become clear legally and practically that this land is not public under any circumstances.
प्रतिक्रिया दिनुहोस्
