Private Property Rights versus Eminent Domain in Nepal: A reference to road widening drive in the Kathmandu valley
Dev Kumar Sunuwar
Published 2017-04-30
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Abstract
A road widening drive was really required in the Kathmandu valley to deal with its ballooning traffic volume. Initiated in 2011, the drive initially brought cheers to the denizens of the valley, who were choking due to traffic congestion. But the way roads were widened only added misery to many locals, mostly indigenous Newars. The drive rendered them homeless, and left them covered with dust. This article thus tries to analyze the highly political framework of 'eminent domain' and right to property in relation to road widening drive. This paper also tries to look into what the private property rights entail and the cases of violation of property rights of private individuals. Similarly, it will look into how the private property rights have been undermined by a government capable of physically taking away private property.
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References
2 Ibid (n.1), art 25 (3)
3 'People affected by road expansion protest at Maitighar', The Kathmandu Post, Kathmandu, 23 Feb 2017. Available at http://kathmandupost.ekantipur.com/news/2017-02-23/people-affected-by-roadexpansionstage-demonstration-at-maitighar.html, accessed on 2 March 2017
4 Ibid (n.1), art 25.
5 Ibid (n.1), art 37 (1).
6 Ibid (n.1), art 37 (2).
7 'People affected by road-widening drive stage demonstration at Maitighar, Republica, (23 Feb. 2017) available http://www.myrepublica.com/news/15396/, accessed on 2 March 2017.
8 'Bulldozing the rights of indigenous people to expand roads in Kathmandu', Indigenous Voice, Kathmandu, 15 December 2016. available at http://www.indigenousvoice.com/en/bulldozing-the-rights-of-indigenous-people-toexpandroads-in-kathmandu.html, accessed on 3 March 2017.
9 Henry Campbell Black, M. A., Black's law dictionary, St. Paul, MINN. West publishing Co. 1990 p. 523
10 Terry L. Anderson and Laura E. Huggins, Property Rights: A Practical Guide to Freedom and Prosperity, Hoover Institution Press, Standford University, 2009, pp 35-36.
11 Constitution of Nepal, 2015, art 133.
12 'Supreme Court stays Kalanki-Nagdhunga road expansion', The Himalayan Times, Kathmandu, 7 August 2016. Available at https://thehimalayantimes.com/kathmandu/supreme-courtstayskalanki-nagdhunga-road-expansion/, accessed on March 5, 2017.
13 Interview with Surya Bahadur Magar, a victim of road expansion in Balaju, Kathmandu, 25 February 2017.
14 Interview with Raj Shrestha, a victim of road expansion in Balaju, Kathmandu, 25 February 2017.
15 Interview with Sanubabu Bisankhe, a victim of road expansion in Balaju Kathmandu, 25 February 2017.
16 Interview with Nil Narayan Koju of Bhaktapur, a victim of road expansion in Bhaktapur, 25 February 2017.
17 Terry (n10), p. 12
18 Ibid, p. 13
19 Ibid, p. 14
20 Ibid, p. 15
21 Robin Paul Malloy, Private Property, Community Development, and Eminent Domain, Syracuse University College of Law, USA, Ashgate Publishing Company, 2007, p. 155.