Forest Case Filed Against Five Individuals in Illegal Dolomite Mining Incident

March 25 (Chaitra 12), Hetauda – The Division Forest Office of Makwanpur has filed a forest case against five individuals found guilty in connection with illegal dolomite mining in Bakaiya Rural Municipality, Makwanpur.

The investigation by the Sub-Division Forest Office, Bakaiya confirmed that a national forest was cleared to build a road for dolomite excavation. The soil extracted from the road construction caused destruction of vegetation, prompting the filing of a case against the five individuals, four landowners and one businessman.

The accused landowners on plot number 132 – Sukulal Nesur, Dhan Bahadur Ghalan, and Prem Bahadur Muktan – were arrested, and the Division Forest Office filed charges against them following confirmation of violations under Section 49 (g) of the Forest Act, 2076.

The Division Forest Office reported that Nesur was released on a bail of NPR 100,000, while Dhan Bahadur and Prem Bahadur each posted bail of NPR 50,000. Another landowner, Birbahadur Ghalan, and businessman Prakash Gautam remain at large and are being actively searched for, according to Division Forest Chief Rakesh Prasad Chandravanshi.

The investigation report states that Nesur claimed to have obtained permission from other landowners of plots 131 and 132 to excavate dolomite and had constructed roads for the purpose. Dhan Bahadur and Prem Bahadur allegedly supported Nesur by granting permission for mining activities.

“Sukulal Nesur and Shri Om Atut Construction Pvt. Ltd., Hetauda-16, used an excavator on their own accord to widen the road further. The road, constructed over land owned by defendant Birbahadur Ghalan (plot 131) and passing through national forest land, extends approximately 191 meters with a width of 5-6 meters, encroaching upon the Kalikath hill and outside survey lines,” the report notes.

Based on statements and evidence, it was confirmed that defendants Nesur and Om Atut Construction Pvt. Ltd. carried out unauthorized forest clearing and mining of mineral substances in violation of the Forest Act 2076, Section 49 (g). Accordingly, a case was filed at Makwanpur District Court seeking penalties under Section 50 (3), as explained by District Attorney Devendra Raj Acharya.

Other accused individuals Dhan Bahadur, Prem Bahadur, and Birbahadur are alleged to have conspired with Nesur to incite and permit the illegal excavation and sale of dolomite from plots 131 and 132, facing charges under Section 54 of the same act.

The Division Forest Chief also stated that compensation fees have been assessed under Section 41 of the Victim Protection Act 2075 and deposited into the Victim Relief Fund as part of the case proceedings.

The Taswas Kolkhop Access Road, constructed by the rural municipality in 2078 BS, spans 3 meters wide and 2,011 meters long, funded by NPR 500,000. The Sub-division 12 Ward Office of Bakaiya Rural Municipality oversees this road. Division Forest authorities reported that Nesur and the construction company independently upgraded the road without municipal support as the municipality had not acted on road improvement for two years, during which he constructed the road to facilitate movement and dolomite transportation.

Details of the Illegal Dolomite Mining Incident

Illegal dolomite mining has taken place for months in the Chapki mining area along the border between Makwanpurgadhi and Bakaiya rural municipalities, primarily on private land in collusion with local authorities. Despite dolomite deposits being government property requiring approval from the Department of Mines and Geology for extraction, unlawful mining and sales have continued.

Following media coverage, the Division Forest Office dispatched an investigative team on Mangsir 19 led by Chief Forest Officer Saru Shrestha from Sub-Division Forest Office Bakaiya. Despite formally notifying the municipality on Kartik 20, 2080 BS that approval from the Mines Department was required for mining, the municipality ignored legal demands and remained complicit.

At the municipality’s executive meeting dated Ashoj 29, 2082 BS, permission was granted for mining and transportation of dolomite from land owned by Sukulal Nesur (plot no. 132, 11 ropani 6 aana 2 paisa 3 dam) under the incorrect classification of ‘stone and soil.’ However, Nesur reportedly engaged a construction company to illegally mine and sell dolomite.

The Mines and Minerals Act 2042, Section 3, states that all minerals beneath both private and government land in Nepal are the property of the government. The rules and regulations under the Mines and Minerals Regulation 2056 clarify who is authorized to extract such minerals.

While the municipality attempted to classify dolomite as ordinary stone and soil, applicable laws reject this; according to Rule 3, Schedule 1, of the Mines and Minerals Regulation 2056, dolomite is classified as a metallic mineral and considered valuable.

Makwanpur district contains abundant dolomite deposits across its hills, including infrastructure regions within the Mahabharat mountain range. Western areas like Raksirang, Bhimphedi, Makwanpurgadhi, Bagmati, and Bakaiya rural municipalities have substantial dolomite reserves. The district hosts several cement factories such as the government-owned Hetauda Cement Industry and private operations like Shivam Cement and Riddhi Siddhi Cement, all utilizing local mineral resources.