12. Land development programme may be operated:
12.1 The committee may, subject to policy and directives of the
Government of Nepal, operate the following land development
programmes to manage residential land for fulfilling the basic need
of residents of various income groups in the course of making
development of town in planed manner; and for other township
activities.
12.1.1 To formulate project relating to service and facility in a part
of town planning area with the participation of
27 at least Seventy five percent local land owners and tenants and to
operate guided land development programme as per the said
project in the investment of the concerned body of the
Government of Nepal, corporate body 28 Municipality or local
people.
12.1.2 To operate land pulling programme by integrating various
units of land situated any part of town planning area on the
consent of
29 at least fifty one percent land owner or tenants
of the area and to arrange service and facility for the
integrated land as per town planning, to recover expenses
made to arrange such service and facility by selling
developed sites and to return back the said sites to the
concerned owner or tenants on pro-rata basis.
30 12.1.2a
In case the committee intends to operate land
pulling programme in a part of town planning area
pursuant to Sub-section 12.1.2 or at least
31 Fifty one
percent land owners or tenants of the area where the
land pulling programe is not operated pursuant to this
Act submit application seeking for the operation of
land pulling programme in such area upon setting out
four sides of land, the committee may operate land
pulling programme in the area where at least fifty
families can reside.
32 12.1.2b In case the committee in going to operate land
pulling programme pursuant to Sub-section 12.1.2a, it
shall constitute Users Committee from among the
users of respective area for the participation of local
land owners or tenants and the committee shall
operate land pulling programme with the co-
operation of Users Committee.
Inserted by Third Amendment
33 12.1.2c The committee shall, while operating land pulling
programme pursuant to Sub-section 12.1.2b, follow
the procedure as referred to in Section 8 and shall
impose restriction on fragmentation or physical
change to be made by any person of the immovable
property situated in the said part for a period not
exceeding Two years.
34 12.1.2d In the course of conducting land pulling
programme, the committee shall, on consultation of
Users Committee, fix the area of land that the land
owners or tenants have to provide for land pulling
programmes on the basis of current monetary value
of that land and existing road and other provided
facilities in the said part in order to provide services
and facilities such as road, drainage, open space,
drinking water and electricity .
35 12.1.2e After fixing lands pursuant to Sub-section 12.1.2d,
the committee shall, for the purpose of returning back
the developed sites to the respective land owner or
tenants and for transforming the entire unit of lands
into a single unit; subject to Sub-section 12.1.2c, shall
forward a letter to freeze the transmission of
immovable property situated in the concerned area to
the office authorized for registration for One year in
maximum and after receiving such notice the
concerned office shall freeze the transmission of
immovable property accordingly.
36 12.1.2f. After being frozen land for transmission pursuant
to Sub-section 12.1.2e, the committee shall return
developed sites to the former land owner or tenants
along with provisional certificate within the period as
mentioned in the said Sub-section.
37 12.1.2g After returning developed sites to the concerned
land owner or tenants pursuant to Sub-section 12.1.2f
along with provisional certificate, the Committee shall
write to the concerned office of land survey and land
revenue for preparing the survey map, maintaining the
record of land owner and for issuing land owner
registration certificate as per the aforesaid certificate;
and the aforesaid offices shall prepare the survey
map of the land, maintain the record of landowner and
issue land owner registration certificate to the
concerned landowner or tenant.
38 12.1.2h. Notwithstanding anything contained in the
prevailing law, upon the preparation of the survey
map, record of landowner and landowner registration
certificate pursuant to Sub-section 12.2.2g, the
previous survey of the land where the programme of
land pulling was conducted and entire previous
inventory of the landowners and tenants of the
concerned area shall ,ipso facto, be void.
12.1.3 The committee shall upon causing to execute the acquisition
of land which falls within the ambit of town planning area,
operate sites and services programme in order to provide
service and facility in such land by itself or through any
corporate body and to prepare sites for sale and distribution.
39 12.1.3a In the course of selling sites pursuant to Sub-section
12.1.3, the Committee shall give preference to the former
landowner and tenants who do not have sites and land in
such town planning area.
12.1.4 In case a land pulled or acquisitioned for operating land
development programme is less than the area of minimum
unit of sites determined as per land development programme,
a site of minimum unit shall be provided to the owner of the
said land upon collecting the expenses made thereof.
40 12.1.5 In case a landowner having less land than the area of
minimum unit pursuant to Sub-section 12.1.4 is unable to
purchase sites at a cost determined by the Committee, the
committee shall itself requisition the land of such landowner
or tenant; and shall give compensation as per current value
of the said land.
41 12.2 While constructing to give effect to the guided land development
programme, in case the landowner of the land situated in the
starting point of the proposed road does not agree to provide such
land and no alternative is available other than such land for
construction of the said road, such land shall be requisitioned
pursuant to Section 16. The committee shall pay Fifty percent
amount of the compensation to be given and remaining fifty percent
amount shall be paid by the persons to be benefited from the
proposed land development programme.
42 12.3 The committee shall constitute Users group for the participation of
landowner and tenants to operate guided land development
programme and it shall be the duty of such User committee to assist
in the operation of the programme launched by the committee.
43 12.4 In case landowner and tenants make an application to the committee
seeking for launching guided land development programme in the
area where the said programme has not been launched by the
committee upon setting out the four sides of the land and it the
committee concludes that at least Fifty families can reside in the
area, it may give effect to the said programme. While launching the
said programme, in case acquisition of land is needed, the entire
amount of compensation for such acquisition of land shall be paid
by the local people to be benefited from the said programee.