Understand Ailani Jagga/ Parti Jagga: Can You Register It in Your Name?

One of the most frequently asked questions in Nepal’s real estate sector is whether individuals can claim and register Ailani वा Parti Jagga (unregistered land) as their own. Many people have been using these lands for years, and they are in hope of officially acquiring ownership. This article presents about the legalities of Ailani land and whether it’s possible to have it registered in your name.

What is Ailani/Parti Jagga?

Ailani Jagga, commonly referred to as unregistered or barren land, is land that the government has not allotted for individual ownership. In Nepal, the Land Survey Act of 2019 clearly says Ailani land as government wealth. It cannot be privately owned, resided, or used for personal purposes. Even though many people might have been using Ailani land just side to their registered property or residing in Ailani land, the law does not grant them any rights to claim their ownership.

In simple terms, Ailani Jagga is land that is under the complete control of the government, and it cannot be sold, bought, or transferred into private ownership. The government of Nepal has the right to use these lands for communal or infrastructural projects.

Legal Provisions Governing Ailani Land

The regulation of Ailani land falls under various legal frameworks in Nepal. Below are some of the laws that depicts the government’s control over such lands:

1. Land (Survey and Measurement) Act 2019: This act states that Ailani Jagga is government land, means that individuals do not have the legal right to register it in their name or use it for personal gains.
2. Local Administration Act: The responsibility of protecting and managing Ailani and Parti Jagga has been given to the Chief District Officer (CDO). This law mandates that Ailani land must be kept for public use, ensuring it remains under the government’s authority.
3. Local Level Government Administration Act: Under this law, the local government has jurisdiction over Ailani land. However, this doesn’t give individuals the right to claim ownership; instead, it strengthens the role of local governments in overseeing such land.
4. Lands Act, 2021: This act reinforces the government’s authority over Ailani land, making the Government of Nepal the rightful owner.
5. National Civil Code Act 2074, Section 299: This section reaffirms that Ailani land is government property and falls under the government’s direct control.

These laws make it clear that no matter how long you’ve been using Ailani land, it remains government property unless the government decides to change the existing policies in the future.

Can Ailani Land Be Registered in Your Name?

At present, there is no legal provision that allows an individual to register Ailani or Parti Jagga in their name. Regardless of how many years you’ve been using the land, it is considered as government wealth, and individuals have no claim over it.

For years, many people have used such land for agriculture, residential or as an extension of their own property. However, just because you have been utilising Ailani land does not give you any legal right to ownership of these lands. The government may allow temporary use of such land, but it has the authority to repurpose it for public projects at any time. Therefore, it is important to understand that Ailani land will always belong to the government unless specific new policies are introduced.

What will be in future for Ailani Land?

Currently, Ailani Jagga cannot be registered by an individual, but the government could probably introduce policies in the future to change this. Political parties have been planning to register these types of land to homeless people residing in these lands for many years but as of now, no law has been enacted to allow private ownership.

If the government ever does decide to register the ownership of Ailani land, it will likely involve a comprehensive policy shift. Until that individuals must know that these types of lands they are using are not theirs to claim.

Also Read: A Complete Guide to Buying and Registration of Land and Houses in Nepal

निश्कर्षमा

In conclusion, Ailani or Parti Jagga is and will remain government property under the current laws in Nepal. Even if you’ve been using such land for decades, there is no legal pathway to register it in your name. And if you are planning to buy ailani lands and houses built in ailani land, you should think of it. The government retains full control over Ailani land, and it can be repurposed for public use at any time.

And it is very important to understand that protecting and preserving such land is not only the government’s responsibility but also a duty for all Nepalese citizens. Until the government introduces new policies allowing the registration of such land, Ailani Jagga will always remain under the ownership of the government of Nepal.

If you’re considering long-term use of Ailani land, it is essential to stay updated on any legal changes and consult with legal experts to understand your rights and obligations.

By knowing these laws and staying informed, you can avoid any legal complications regarding the use of Ailani or Parti Jagga in the future