TIMELINE (Last updated 30 August 2024)
10th – 18th century
At the beginning of the Malla era, as per local beliefs, the feudal king[1] Sinhasartha Baahu, who is considered the ancestor of Pradhans of Thamel and referred to as ‘god’ for his devout faith in Buddhism, established a large monastery in the north of Kathmandu.[2] The monastery is known as Than Bahil (Than meaning upper or senior and Bahil meaning monastery). That was later adapted to give the area its current name – Thamel, which is now the major tourist district of Nepal’s capital city. The monastery is also known as Bikramsheel Mahabihar.
East of the monastery lies an open space with a platform, which has been used for religious fairs, festivals and dances since ancient times. A beautiful pond was set up further east to the open space. The Pradhan community as well as local people of the area historically used the pond for their daily rituals, death rites, festivals as well as other religious and cultural purposes. It was constructed with wells on the four sides and center part was the pond. Lotus flower was grown in the pond, which was used for offering to the deities of the monastery – hence the pond was called Paleswa Pukhu in Nepal Bhasa (Newar language) and Kamalpokhari in Nepali. Guthi[3] members of the monastery used to conserve the pond and its surroundings, to perform the puja and other festival and rites of the monastery.
1909
According to a land tax receipt dated 6 April 1909 (1965/12/25 BS[4]), the area of the pond, including its banks, is recorded as 26.5 ropanis under the name of Garud Bhagwan Guthi.
December 1920 (Poush 1977 BS)
During the rule of then Prime Minister Chandra Shumsher under the dictatorial Rana oligarchy, Keshar Shumsher Rana, son of a then general, forcefully annexed the pond in the compound of his palace Keshar Mahal while the local Pradhans were given limited access to the pond. A small amount of money was paid to the Guthi of the monastery for the acquisition and use of the pond and land in its banks, which the Guthi members were forced to tolerate. Idols and structures of various gods and deities in the surrounding lands of the pond were moved. The tradition of using water and lotus flower from the pond for daily worship at the monastery was continued and a stone nearby was used as the site for death rites.[5][3]
19 June 1967 (2024/3/5 BS)
The Guthi of the monastery was converted to Chhut Guthi[6] under Raj Guthi[7]. The rights of all Guthiyars (Guthi trustees/members) were transferred to Guthi Sansthan (Corporation) as per the Guthi Corporation Act, 2021 BS.
1968-70
Following the death of Keshar Shumsher, his son Keyur Shumsher was also active in encroaching upon the land. He began to fill up some parts of the pond. As a result, the Guthi members rejected the payment for the use of the pond from and filed a case at District Court against such action because of the violation of the right to religion on 22 September 1970 (2027/6/6 BS).[8]
1976
According to the field book of Land Survey Office dated 1 November 1976 (2033/7/16 BS), the land of the pond was explicitly registered as “pond” under land parcel no. 167 with the area of 12 ropani, 13 anna, 2 paisa, 2 daam (more than 72,000 sq. ft).[9] Keyur Shumsher had grabbed the remaining land of the pond in his private ownership. The adjoining land to the east, which includes the land covering the open space west of the pond with a platform for religious rituals, was recorded as “chowk” (junction) under land parcel no. 1040 with an area of 9 anna, 2 paisa, 3 daam.
On 17 December 1976 (2033/9/3 BS), Nepal’s Supreme Court resolved the case by the Guthi members against Keyur Shumsher through a settlement between the Guthi members, the Guthi Sansthan and Keyur Shumsher to maintain the pond and its surrounding lands as is under the name of the Guthi. Keyur Shumsher was made tenant on a contract basis only to preserve the pond. Nonetheless, that did not stop Keyur Shumsher from filling parts of the pond.
4 June 1982 (2039/2/21 BS)
Keyur Shumsher unlawfully got the land of the pond and its banks (land parcel no. 167) as well as the chowk (land parcel no. 1040) under his formal tenancy through abuse of authority and by conniving with government officials. The land ownership title nonetheless clearly stated Thamel Sinhasartha Bahu Bhagwan Guthi as the landowner of the parcels. The next month, he fragmented the land of the pond (land parcel no. 167) into three smaller parcels. The fragmented pieces were transferred to Sudha Paudyal (land parcel 1616 of area 0-6-0-0[10]) and Bina Paudyal (land parcel no. 1617 of area 2-10-0-0). A large part of land was still retained under Shumsher’s tenancy under the land parcel no. 1618 of area 9-13-2-2.
30 May 1985 (2042/2/17 BS)
The field book of Land Survey Office at the Guthi Sansthan, clearly shows the land parcel no. 167 as “pond” with no mention of tenancy. The field book also shows the adjoining land parcel of 1040 as “chowk (junction)” – again without any tenant mentioned.
9 December 1987 (2044/08/23 BS)
The landowners’ register of the Land Revenue Office shows the land parcel 167 as “pond” under the ownership of the government.
3 February 1988 (2044/10/20 BS)
After Keyur Shumsher’s demise, the ownership title of the lands with part of the pond (land parcel no. 1618) and the chowk (land parcel no. 1040) was transferred under the tenancy of his wife Ambika Rana while the tenancy of the smaller pieces (land parcels 1616 and 1617) was transferred under the tenancy of Shankar Prasad Shah (Ambika’s elder brother) while the Guthi was maintained as the owner of all the lands.
1991-1996
On 1 February 1991 (2047/10/18 BS), Ambika Rana and Shankar Prasad Shah got the Guthi Sansthan to convert the lands of the pond and the chowk to Guthi Raitani land[11], which can be transferred to private ownership. This move was widely criticized by the public. As a result, the Guthi Sansthan decided to cancel the conversion of the lands to Guthi Raitani, which it deemed was against the Guthi Corporation Act, as well as to take action against the concerned officials and maintain the lands under the Thamel Sinhasartha Bahu Guthi. Rana and Shah were called upon to take their money back and free up the land. Transactions of those land parcels were also frozen.
The duo challenged against this at Kathmandu District Court, to which the Court gave the verdict in favor of the duo on 20 October 1995 (2052/7/3 BS). The Appellate Court also upheld the District Court decision on 7 June 1996 (2053/2/25 BS).
1998-2005
After nine Guthi members appealed against the Appellate Court decision at the Kathmandu District Court on 4 December 1998 (2055/8/18 BS), Ambika Rana made an agreement with the Guthi members on 30 June 2005 (2062/3/16 BS) to pay a sum of NPR 15,000,000 (around USD 150,000) as well as provide 4 anna land to the Guthi to settle the dispute unlawfully without the knowledge of the Guthi Sansthan. The sum was paid, and the land was transferred to the Guthi subsequently.
2006-2008
Ambika Rana sold her fragments of the lands to Sureshaya Housing Pvt. Ltd. on 19 August 2006 (2063/5/3 BS). The company then sold those to Pratima Pandey on 9 March 2008 (2064/11/26 BS). Shankar Prasad Shah also transferred the other pieces of land to Pratima Pandey on the same date.
On 18 August 2008 (2065/5/2 BS), Chhaya Devi Complex Pvt. Ltd. acquired all the pieces of land with co-financing from Everest Bank, Rashtriya Banijya Bank, Nepal Bank and NIDC Development Bank.
2013
On 2 May (2070/1/19 BS), six of the Guthi members (Bhagabat Narshing Pradhan et al) filed twelve lawsuits cases at the Kathmandu District Court against various plaintiffs, Ambika Rana and other land claimants, Guthi members, Guthi Sansthan, Chhaya Devi Complex Pvt. Ltd. et al demanding repeal of all the unlawful actions beginning from bestowing tenancy on the Guthi land in the settlement of 1976 and ensuing fragmentation and transfer of pieces of land, registration of the land pieces as Guthi Raitana and following settlement made by Ambika Rana with Guthi officials and all the succeeding transfers of the ownership of the land pieces to the recent approval for construction of the business complex. They claimed that those unlawful actions have eventually led to extinction of the religion of the community.[12]
While the Court process was sluggish with hearings postponed repeatedly, construction of the complex moved ahead at a rapid pace within high concrete walls and tin fences. Consequently, the District Court ruled against the petitioners, which Bhagabat Narshing Pradhan appealed against in the Appellate Court and later again in the Supreme Court in 2016 (Bhadra 2073 BS).
2013
Chhaya Devi Complex acquired approval for the construction of the mega business complex “Chhaya Center” from Kathmandu Metropolitan City office despite the land transfers were sub-judice in the court.
2014
The franchise agreement between Starwood Hotels and Resorts and the owners of the Aloft Kathmandu hotel was signed.
2014
In April, a complaint was registered with Nepal’s National Human Rights Commission requesting an investigation into the human rights violations caused by the Chhaya Center construction and the facilitation of a dialogue between the indigenous community and the company. A complaint was also submitted to the Commission for the Investigation of Abuse of Authority in July 2014 calling for an investigation into alleged abuse of authority and corruption in relation to the Guthi land transactions. There has not been any effective response from both the Commissions.
Two writ petitions were filed in Nepal’s Supreme Court by Advocate Deepak Bikram Mishra on 13 May 2014 (2071/1/30 BS) and by Lawyers Association for Human Rights of Nepalese Indigenous Peoples (LAHURNIP) on 10 October 2014 (2071/6/24 BS) against the Chhaya Devi Complex and concerned government authorities and ministries[13] citing violations of right to religion (Interim Constitution, Art. 17.3) and cultural rights (Interim Constitution, Art. 23) in the case, among other rights guaranteed in the Constitution of Nepal and national legal provisions due to the construction of the Chhaya Center. While the Court did not issue an interim order to halt construction of the complex as requested in the petition, it issued a show cause order to the defendants.
2015
On 9 February, two national NGOs – LAHURNIP and National Coalition Against Racial Discrimination (NCARD) – informed the UN independent experts in Geneva of the violations of the rights of indigenous communities in Thamel due to the construction of the Chhaya Center and calling for their actions in the matter.[14] The letters were sent to the Special Rapporteurs on the rights of indigenous peoples and in the field of cultural rights. However, there was no acknowledgement of the letter sent and no action taken.
September 2016
Marriott International acquired Starwood Hotels and Resorts in September 2016 and thus in turn the Aloft Kathmandu hotel as well.
19 March 2017 (2073/12/6 BS)
Nepal’s Supreme Court vindicated the appellants and faulted the earlier decisions that favored Ambika Rana. The Court found that the transfer of Guthi lands to private ownership was against the provisions of Guthi Corporation Act (1976), which could be annulled at any time as per the Land Revenue Act (1978) and thus decided to re-examine the case.
However, when the Court asked the land revenue office for all original papers related to the land, the latter stated that the papers could not be found even after intense searches. It is suspected that the documents have been deliberately missed as they would have exposed shenanigans behind the privatization of the land. The Court proceedings have been very slow since the decision. There have been extreme delays in setting court hearings and repeated postponements thereof often blamed on understaffing of the judiciary and complex technical procedures. As a result, the case is still sub-judice in the Court.
2018
Despite the unfavorable judgment of the court towards the construction of Chhaya Center, the complex officially opened. Built over an area of 86,000 sq. ft., the complex has been promoted as the biggest business complex in the country’s history. It houses 200 store spaces – off which, about 100 are open, including high-end brand outlets, along with multiplex theatres of QFX Cinemas (a famous cinema chain in Nepal), corporate offices such as VFS Global, banquet and conference halls, casino, discotheque, etc. The largest source of its revenue is a five-star hotel Aloft Kathmandu Thamel, a franchise of the Marriott International, Inc.[15] in its fifth to fifteenth floors.
2019
On 19 February, Chhaya Devi Complex held a press conference, where they stated that the land in which the complex is made was not historical or traditional pond “Kamal Pokhari” but was simply the land where the pond established by Chandra Shumsher was in. They also made false claims regarding the acquisition of the land. Bhagabat Narshing Pradhan and other activists also attended the press conference to give their side to the journalists.
The following day, Bhagabat Narshing Pradhan and other activists were called to the police station as the Chhaya Devi Complex had filed charges against them for causing disturbance and disrupting public order. At the police station, the Complex representatives threatened Pradhan of further actions if he continued opposition while the police let him go asking not to undertake such actions inside the Complex in future.
On 8 April (2075/12/25 BS), Newa Political Movement (a movement of Newar activists) submitted a letter to the UNESCO country office calling for efforts from the office with the concerned authorities to restore and preserve the historical cultural pond and actions against those responsible for its encroachment. On 9 May, UNESCO country office responded by email stating that the pond was not included in the UNESCO World Heritage List and that it could intervene in day-to-day management of heritage sites. It thus called on the movement to discuss the issue directly with the concerned authorities.
2020
On 14 January (2076/9/29 BS), a contempt of court case filed against Bhagabat Narshing Pradhan by Rijan Shrestha (wife of Maheshwar Prakash Shrestha, Managing Director of Chhaya Devi Complex Pvt. Ltd.) and a shop owner at the complex.
On 3 May, the Campaign to Restore Archaeological Kamal Pokhari in Thamel (the local campaign calling for restoration of the Paleswa Pukhu pond) sent letters to the ILO and UN offices in Nepal drawing their attention to the violations of the rights of indigenous Newar communities in Thamel due to construction of the Chaya Center business complex.[16][13] The Campaign called the ILO and the UN to push Nepal’s government for promotion and protection of the rights of the community. There has not been any formal response from the ILO and UN offices.
On 7 June, the Chhaya Devi Complex submitted a response to the Business and Human Rights Resource Center (BHRRC), an international NGO working to advance human rights in business contexts, in reply to their allegation letter to the company with reference to the letters sent to the ILO and the UN offices in Nepal. The response contained false and misleading information and indicated the company’s irresponsibility to respect human rights.
On 10 June, the Marriott International also submitted its response to the BHRRC in reply to their allegation letter to the company with reference to the letters sent to the ILO and the UN offices in Nepal stating as follows:
“Based on the records, it is our understanding that legal due diligence was conducted through outside counsel in Nepal prior to Starwood’s commitment to this project. In the legal opinion from counsel in Nepal, the land rights conversion with respect to this project was deemed valid. In addition, the government provided the appropriate permitting and permissions to move ahead with the project. We appreciate you bringing this matter to our attention.
After additional research, we became aware that there are civil lawsuits involving conversion of Guthi land into Guthi Raitani Numbari Land, which are currently awaiting decisions from the Supreme Court of Nepal. We do not know whether these lawsuits pertain to the land on which the hotel is built. Marriott intends to comply with local laws in all jurisdictions where we do business. We will monitor the litigation and the upcoming Supreme Court decision. We will assess carefully any impact the decision may have on this hotel and our involvement in the project.”
On 2 July, the Campaign also submitted similar letters to the UN independent experts in Geneva calling for their attention and action in the issue. The letters were sent to the Special Rapporteurs on the rights of indigenous peoples and in the field of cultural rights as well as the Working Group on business and human rights.
On 27 December, Bhagabat Narshing Pradhan, the lead heritage right activist with the local campaign calling for restoration of the Paleswa Pukhu, received a threatening letter with a three-day ultimatum from the so-called trade unions’ representatives of the Chhaya Devi Complex. The letter was written on the behalf of 1,200 workers and signed by the leaders of the Nepal Independent Hotel, Casino and restaurant Workers Union and the Union of Trekking Travels Rafting Workers Nepal (UNITRAV) as well as the Executive Director of Chhaya Devi Complex.[14] Bhagabat immediately complained against the threat at District Administration Office that resulted in an agreement between him and the trade unions to not resort in further threats.
2021
On 30 March, five independent UN Special Procedures sent a joint allegation letter to the Governments of Nepal and the USA as well as the Marriot International and the Chhaya Devi Complex regarding alleged violations of the rights of indigenous Newar peoples over their lands, resources and over the loss of religious and cultural sites in the context of the construction of the construction of the Chhaya Center business complex in the tourist district of Thamel in Kathmandu.
On 29 April, Marriott International sent a reply to the joint communication from the UN mechanisms with similar information as submitted to the BHRRC.
On 31 May, the Government of Nepal also responded to the joint communication from the UN mechanisms with no substantive but misleading information – and that too after ignoring the letter to not reply within the period of time as stated[17]. The US Government and the Chhaya Devi Complex are yet to respond to the UN mechanisms.
On 7 July, the local Campaign calling for restoration of Paleswa Pukhu issued a press release condemning the “inadequate, irresponsible and false” reply provided by the Government of Nepal to the UN mechanisms and also. The Campaign affirmed that the Government in its reply provided no clarification on the construction of the Chhaya Center and its impacts on local indigenous Newar communities and merely stated that it “has not prevented Newar community’s access to the Thamel Monastery, the Kamal Pokhari and the surrounding areas to exercise their rights to religious practice.”
On 11 October, the Campaign again sent separate letters to the UN mechanisms with follow up information on the case.[18] The Campaign informed that its lead activist, Bhagabat Narshing Pradhan, has been continuously facing retaliations due to his legitimate activism for protection of the rights of the indigenous Newar communities in relation to the construction of the Chhaya Center business complex. Pradhan has been receiving frequent threats, including to his life, and also been facing judicial harassment as a person associated with the business complex has filed a petition against him at Nepal’s Supreme Court for contempt of court due to his public statements against the complex.
Furthermore, the Campaign affirmed that the Marriott International failed to conduct its own effective human rights due diligence for its involvement with the Chhaya Center, including in compliance with the UN Guiding Principles on Business and Human Rights. The Campaign thus urged the UN mechanisms to follow up with the Marriott International to take necessary steps promptly to ensure its compliance with the Guiding Principles with regards to its involvement with the Chhaya Center business complex, including through conduct of its own human rights due diligence, as well as the security of the human rights defenders undertaking legitimate actions in relation the complex.
The Campaign also drew attention of the UN mechanisms that the negative human rights impacts on indigenous Newars in Kathmandu due to the actions of the Marriott International is not an isolated event. It informed that indigenous Quechua people in Peru have also suffered an aggression against their religious and cultural rights by Marriott, who destroyed an ancient Inka temple in Cusco (the Wakapunku temple) to build a Four Points by Sheraton hotel.
27 March 2022 (20278/12/13 BS)
Bhagabat Narshing Pradhan and supporting activists submitted a petition to the Securities Board of Nepal, the Company Registrar Office and the Prabhu Capital Ltd calling for suspension of the application by Chhaya Devi Complex Pvt. Ltd to go public by issuing Initial Public Offering (IPO). As a result, the issuance of IPO of the company has been on hold since.
On 19 May, Bhagabat Narshing Pradhan and supporting activists met with the representatives of the US Embassy in Nepal to inform them about the violations of indigenous rights due to the construction of Chhaya Center and involvement of the Marriott International in the matter as part of informing the US Government’s process of drafting its National Action Plan on Business and Human Rights.
18 January 2023
Bhagabat Narshing Pradhan and supporting advocates submitted a protest letter to the Supreme Court Bar Association of Nepal for its plan to organize its General Assembly at the Chhaya Center on 21 January. However, the Bar Association continued with its plan to organize the General Assembly at the disputed complex with attendance of many Supreme Court judges.
20 July 2023
Five independent UN Special Procedures sent follow-up joint allegation letters to the Governments of Nepal and the USA as well as the Marriot International and the Chhaya Devi Complex regarding alleged violations of the rights of indigenous Newar peoples as well as continued serious threats against human rights defenders due to the construction of the Chhaya Center. Although the Special Procedures requested responses from them within 60 days, none of the Governments and businesses responded.
21 August 2023
Campaign to Restore Archaeological Kamalpokhari of Thamel on Monday filed a complaint against Marriott International regarding its involvement with Chhaya Center business complex in Kathmandu with the US National Contact Point (NCP) for the OECD Guidelines within the US Department of State. The Complaint alleged failures by Marriott to conduct effective human rights due diligence for its involvement in the Complex and associated human rights impacts on the indigenous Newar community through its continued operations in the Complex. The complainants sought that Marriott International fully acknowledge its direct link to the human rights abuses through its relationship with the Chhaya Devi Complex, and then mitigate the remedy the abuses, including through temporary or permanent suspension of its relationship with the Complex.
The US NCP has been undertaking initial assessment into the complaint (specific instance).
September 2023
On 11 September, Marriott International responded to the BHRRC after it brought the matter of OECD complaint at the US NCP to the Marriott’s attention as follows:
… The Aloft Kathmandu hotel is owned by a third party and Marriott International has no ownership of the hotel. The third party owner of the hotel is responsible for the construction and operation of the hotel. As part of the franchise agreement, Marriott International permits the third party owner to use its Aloft brand for the purposes of its operation of the hotel. Such allegations that you have raised are serious of nature and we will address these with the third party owner appropriately…
On 22 September, thousands, including human rights and cultural activists, participated in a public rally and demonstration is held outside Chhaya Center calling for restoration of the sacred pond “Kamal Pokhari” and actions against those involved in encroachment of the Guthi lands.[19]
Again, on 30 September, a group of activists demonstrated outside the Chhaya Center against the Royal Thai Embassy in Nepal organizing a food festival at the Aloft hotel saying that the international event was being held in a disputed property. However, police intervened and detained 25 activists from their peaceful demonstration.[20] The activists were later released at the end of the day.[21]
The following day, the activists were not allowed to organize their peaceful protest. They submitted a letter drawing attention of the Ministry of Foreign Affairs to request foreign missions not to organize events in the disputed business complex.[22]
April 2024
Supreme Court order the Guthi Corporation, Land Revenue Office and other concerned government authorities to furnish documents showing how the Guthi lands holding the pond and surrounding areas were transferred to private ownership.
14 May 2024
Six UN Special Procedures (independent experts) issued a press release expressing concern over reports of continuing retaliations against human rights defenders due to their opposition to the Chhaya Center calling such acts “deplorable and unacceptable”. The experts urged Marriott International to to immediately suspend its involvement in the Chhaya Center until Nepal’s Supreme Court reaches a final decision on the land dispute of the Center. They also called on the Government of Nepal to fulfil its duty to protect human rights defenders and ensure accountability for any abuses while urging prompt resolution of court cases related to the Chhaya Center.
24 June 2024
Chhaya Devi Complex Ltd sent a letter to the UN Office of the High Commissioner for Human Rights (OHCHR) with objections to the press release of the UN Special Procedures calling on the OHCHR to immediately retract the press release from its website. It also warned of legal recourse at international level to address the matter if the UN experts did not present a response to its letter within two days.
25 August 2024
Two anonymous Nepalese organisations filed a complaint against Visa Facilitation Services (VFS) Global with the National Contact Point (NCP) for Responsible Business Conduct within the State Secretariat of Economic Affairs of the Government of Switzerland. The complaint concerns the activities of VFS Global in Kathmandu, Nepal, related to its involvement with the Chhaya Center business complex (also known as Chhaya Devi Complex) in violation of the OECD Guidelines for Multinational Enterprises.
[1] Ancestors of Pradhans are believed to have ruled the area since ancient times as feudal kings till the early Malla era. They built number of temples, courtyards, ponds, stone taps, rest houses, etc. of historical, archaeological, religious and socio-cultural significance. Number of festivals and fairs and religious ceremonies were initiated. Numerous Guthis were set up for those socio-cultural and religious purposes with adequate land endowed to those Guthis.
[2] However, there are also stupas and statues in the courtyard of that are believed to be from the Licchavi era.
[3] Guthi is a traditional socio-economic governance institution of indigenous Newars set up for maintaining order in society. It is a unique system, which manages all forms of social, religious, cultural, and other rituals of the Newar communities. The particular aspect of Guthi is the land endowments kept for specific socio-cultural and religious sites or purposes such as for management and repair of temples, public shelters or water sprouts, or organize chariot processions and religious performance art or rituals. It is a kind of common trust consisting mainly of cultivated land as assets. Guthis also provided fellowships for the arts and various other professions. The origin of Guthis can be traced back to fifth century Nepal. At various points in Nepal’s history, both the State and its rulers have occupied or nationalized Guthi-endowed lands for personal or state use. Dictatorial Rana-era palaces, government buildings, including the administrative center of Singha Durbar, and various hospitals were once land cultivated by trustees from Guthis (Guthiyaars). The nationalization and occupation of Guthi lands have wiped out many Guthis and also resulted in financial crises, directly impacting heritage conservation. For more on Guthi and Newar people, see https://www.culturalsurvival.org/news/indigenous-peoples-force-withdrawal-guthi-bill-nepal, https://kathmandupost.com/valley/2019/06/14/everything-you-need-to-know-about-the-guthi-bill; https://english.onlinekhabar.com/guthi-system-in-nepal-and-perpetual-debate-win-win-deal-is-possible-and-inevitable.html; https://www.foreignaffairsreview.com/home/cultural-cuts-nepals-failed-nationalisation-of-the-guthi-sansnathan. Other communities have also adopted or appropriated similar Guthi practices for various socio-cultural purposes. Guthi land, in Nepal’s laws, is a land endowment made for a religious or philanthropic purpose. See Guthi Corporation Act 1976. Also, see Liz Alden Wily et al, Land Reform in Nepal: Where is it coming from and where is it going? (November 2008).
[4] BS stands for Bikram Sambat – the official calendar of Nepal. It is currently 2080 BS in Nepal. In case of inconsistency between AD and BS dates, BS dates should be considered as final because the official documents are in BS dates.
[5] For more historical records, including locals’ testimonies, see https://myrepublica.nagariknetwork.com/news/how-kamalpokhari-land-morphed-into-chhaya-center/
[6] “Chhut Guthi” means a Guthi which enjoys exemption so that only the surplus of the Guthi after operating the worship, festival etc. of the Guthi from income as per the deed of donation or royalty is paid to the Rajguthi or the Guthi operators themselves are entitled to the surplus, and by registering the Guthi in the records of Rajguthi prior to the commencement of the Guthi Corporation Act, 2021 (1973) or requiring such registration and that the land revue or taxation of such Guthi land as payable to the Government of Nepal is exempted and that the trustees of the Guthi themselves are entitled to operate and register the Guthi (Section 2(e), Guthi Corporation Act, 2033 (1976)).
[7] “Rajguthi” means a Rajguthi (state trust) which the Guthi Corporation has right and liability in and is being managed and operated by the Guthi Corporation at the time of the commencement of this Act (Section 2(d), Guthi Corporation Act, 2033 (1976)).
[8] Pushpa Man Pradhan et al vs. Keyur Shumsher, Supreme Court of Nepal
[9] The total land area is 12 ropani, 13 aana, 2 paisa, 3 daam = (12×5476+13×542.25+2×85.56+3×21.39) sq. ft. = (65,712+7,049.25+171.12+64.17) sq. ft. = 72,996.54 sq. ft. approx. http://www.housingnepal.com/articles/display/units-of-area-calculation-in-nepal
[10] This means 0 ropani, 6 aana, 0 paisa, 0 daam. See ibid for metric conversion.
[11] “Guthi Raitan Numbari land (Guthi land registered in the name of individual)” means a land the registration holder of which is required to pay the land revenue (malpot) to the Corporation (Section 2(e), Guthi Corporation Act, 2033 (1976)).
[12] See http://nepalindigenousissues.blogspot.com/2014/03/blog-post_23.html [in Nepali]
[13] Defendants include Government of Nepal, Office of the Prime Minister and Cabinet of Ministers; Ministry of Federal Affairs and Local Development; Ministry of Culture, Tourism and Civil Aviation; Ministry of Urban Development; Ministry of Science, Technology and Environment; Kathmandu District Administration Office; Department of Archaelogy; Kathmandu Metropolitan City; Kathmandu Land Registration Office; Guthi Corporation; Kathmandu Valley Development Authority; Chhaya Devi Complex Pvt. Ltd.; Ambika Rana as well as Guthi officials.
[14] See https://www.nepalmandal.com/content/20217.html
[15] See https://www.spotlightnepal.com/2019/07/24/marriott-international-announces-opening-aloft-kathmandu/
[16] See https://cemsoj.wordpress.com/2020/05/03/campaign-to-restore-archaeological-kamal-pokhari-in-thamel-urges-ilo-and-un-to-protect-rights-infringed-due-to-construction-of-chhaya-center/
[17] See https://cemsoj.wordpress.com/2021/05/30/nepals-govt-ignores-un-experts-letters-concerning-alleged-violations-of-indigenous-newar-rights-in-the-construction-of-the-kathmandu-terai-madhesh-fast-track-expressway-and-of-the-chhaya-center-bu/
[18] See https://cemsoj.wordpress.com/2021/10/11/campaign-to-restore-archaeological-kamal-pokhari-in-thamel-condemns-nepal-governments-irresponsible-and-false-reply-to-the-un-mechanisms-regarding-rights-infringed-due-to-construction-of/
[19] See https://onlinedabali.com/archives/90760; https://thahakhabar.com/news/187301/; and videos at https://www.facebook.com/onlinedabali/videos/833457024914896; https://www.facebook.com/prithvindu.maharjan/posts/pfbid02hySQLVALCNC8UkfhmRhbgFD9SADL6qoBfwPAgRBCqi36Jv1cexQJ3GUgFp5CZh2Jl (in Nepali)
[20] See https://corporatekhabar.com/chaya-centre/ and photos and videos at https://www.facebook.com/ashok.maharjan.401801/posts/pfbid02gERHF22oTMgBKvatBW2xnFcLTmUfDWUTz7dfxHhtcJsf5NmZFQwHT1oztWiZYzAUl; and https://www.facebook.com/sunilmaharjan32/videos/287727984085043
[21] https://www.facebook.com/permalink.php?story_fbid=pfbid02nRP5mqaHLTnZRFJbrdH63qctYRZcVoEHuX7iNhBpkGe8Tb7Dr8AchntDU3XQbSmrl&id=100087917233372
[22] See https://www.facebook.com/prithvindu.maharjan/posts/pfbid0QG5qEGxkZ5DG9guuasmPPaFFwb5f5835566aVStgkhXa436MrmCGjuNiEM75pVHql
