SC revokes Oli govts decision allowing Giri Bandhu Tea Estate to swap land

The Constitutional Bench, comprising Chief Justice Bishwombhar Prasad Shrestha, and Justices Ishwar Prasad Khatiwada, Prakash Man Singh Raut, Sapana Pradhan Malla and Sushma Lata Mathema, declared the decision void on Wednesday.

The matter concerning Giri Bandhu Tea Estate’s land was being reviewed by the constitutional bench of the Supreme Court.

During the tenure of Prime Minister KP Oli, amendments were made to the Land Act, enabling Giri Bandhu Tea Estate to exchange around 280 bighas of land.

The tea estate aimed to swap its Birtamod land, valued at Rs 200 million per bigha, for more affordable land in Prithvinagar, Jhapa.

Advocate Om Prakash Aryal challenged the Land Act amendment, specifically disputing the provision allowing Giri Bandhu Tea Estate to conduct the land swap. Aryal filed the writ on August 15, 2021.

Giri Bandhu Tea Estate and similar companies were granted permission to hold land exceeding the prescribed limit for business purposes.

In his writ petition, Aryal contends that any company authorized to possess land beyond the permissible limit should return the surplus land to the government and should not be allowed to swap or sell the land.