‘Right to Property’ has been guaranteed as a fundamental right in the Interim Constitution of Nepal, 2007. In practice however, the state has not been able to protect this fundamental right of the people; going as far as violating the people’s right in some cases, as evinced by the road expansion drive.
This paper looks into those cases of property rights violation during the road expansion drive in Kathmandu.The study first tries to understand what private property rights entail, and then delve into how it connects with the growth of an economy – learning from local and international experiences. Then look at specific cases of people whose land and/or houses were encroached upon by the state during the expansion drive, their legal battles against the state and the loss they suffered when the state decided to act against its intended role of the protector of its people’s rights as guaranteed by its constitution. With these case stories, the paper tries to shed some light into how the security of private property rights has been weakening in Nepal over the years.
Download the paper here: