Dual Ownership Dispute Escalates in Squatter Settlements of Pathari Shanishchare
The campaign to remove squatters, initiated from Kathmandu under the leadership of Balendra Shah’s government, is gradually extending its focus to squatter settlements across the country. In Pathari Shanishchare, Morang, the issue of squatters has become particularly complex due to a dual ownership dispute, which has created conflicts between legal landowners and local occupants. Despite a Supreme Court ruling in 2013 (2070 BS), this dual ownership dispute remains unresolved, generating pressure between local government and the judiciary, with an expected six-month period for data collection.
On April 30 (17 Baishakh), Biratnagar – The government led by Balendra Shah, which began the squatter eviction campaign from Kathmandu, is now focusing on squatter settlements nationwide. Following the demolition of squatter settlements in Kathmandu using bulldozers, the government is preparing to document and manage such settlements. Although the nature of squatter issues is similar in most areas, the problem in Pathari Shanishchare municipality of Morang is distinct and more complicated. Here, a significant conflict exists that not only involves squatters but also a ‘dual ownership’ dispute.
What is the dual ownership dispute? A large group of people who cleared the forest and settled between 1973 and 1980 (2030 to 2036 BS) continue to live on the land. However, the legal ownership title (laalpurja) is registered under different individuals’ names. The government had provided land in Pathari Shanishchare to those displaced from the Koshi Tappu Wildlife Reserve in Sunsari and the Humsedumse area in Jhapa under a system called ‘satta bharna.’ Those who received satta bharna obtained legal possession certificates, but decades-old local occupants remain on the land after clearing the forest. When landowners attempt to claim their legal rights, resistance from the local occupants has repeatedly led to tensions in the area. “The dual ownership dispute is very deep here,” said Mohan Tumbapo, mayor of Pathari Shanishchare municipality. “Conflicts arise between legal landowners seeking to assert their rights and locals who have long settled there.”
In 2013 (2070 BS), a group of 19 people, including Dilli Prasad Prasain, who were unable to use the land registered under their names, petitioned the Supreme Court. The court ruled in favor of the petitioners and ordered arrangements for the land occupation issue to be resolved. Although multiple discussions were held with the Morang District Administration Office following the ruling, no solution was found. During the 2015 (2072 BS) protests, police intervention led to the detention of several leaders, including Zaharman Limbu, for 29 days. However, the landowners accused the government of not implementing the Supreme Court’s decision and filed a contempt of court case against the government. On June 24, 2025 (Ashad 10, 2082 BS), the court declared the government guilty of contempt, but the full text of the verdict has yet to be publicly released.
According to Mayor Tumbapo, the local government finds itself under double pressure. On one hand, there is fear of contempt charges for not enforcing the court order; on the other, thousands of citizens have lived on the land for decades. “We are caught between the risk of contempt of court and the pressure from long-term residents,” he said. The National Land Commission reports that 65,000 families in Morang have applied for land ownership, with over 10,000 families residing in Pathari Shanishchare. Mayor Tumbapo said the dual ownership problem is most intense in wards 3, 4, 7, 8, 9, and 10, while wards 2, 5, and 6 are also affected by disputes. The district administration and the Nepali Army have sent letters to the municipality requesting documentation of squatter populations, a process estimated to take six months. However, the mayor notes that “this task is not straightforward.” “When survey teams go into wards, locals have thrown stones. It takes months to survey just one ward. Completing all wards cannot be done in less than six months,” he explained. “According to the constitution, such detailed documentation is not mandatory.”
Although the central government has adopted a policy to remove squatters, the unresolved dual ownership disputes in Pathari mean that these problems cannot be effectively addressed without resolving land ownership conflicts.