KATHMANDU: Social Welfare Council (SWC) had served notice in the form of an ultimatum declaring the cancellation of all the previously allotted rents to business centers and scores of shops putting up in the premises of Fun Park, Lyampuchha and Tukucha Bazaar asking them to vacate the place within the stipulated time period.

The deadline was fixed as Baisakh 23 for Fun Park, Baisakh 8 for Harit Krishi Sahakari and Baishakh 29 for Lyapuchhah as early as two months ago. Two months are just approaching to pass on coming Sunday after the notice of ultimatum to this effect was served to Fun Park and Harit Krishi Sahakari to vacate the premises by closing down all the business activities.

The consortium of traders, businesspersons and shopkeepers has filed a case in the court of law against Social Welfare Council to fight a legal battle saying that they are operating in Brhikuti Mandap — by using the compound of Fun Park and Harit Krishi Bazaar as per the agreement guaranteeing them rights to do trade and business for as long as 25 years. The traders and businesspersons are alleging in turn that they are being unfairly singled out and being deprived of their rights to do trade and business. It is to be noted here that former state-minister Tek Bahadur Gurung has been operating Fun Park in the premises of Bhrikuti Mandap expanding in the area of 60 ropani.

What is this 25-years agreement after all and when did it take place?

The agreement to guarantee rights of business and trade for 25 years to Fun Park owned by Tek Bahadur Gurung was executed in 2069 BS with a provision of 5% rise in monthly rate every five years. Similarly, Lyampuchhah – a social organization was allowed to operate on rent to be paid for 25 ropani land in the Bhrikuti Mandap. The agreement to this effect was signed between both the parties (Lyampuchhah and

Social Welfare Council for Bhrikuti Mandap) in the year 2073 BS. The agreement has further stipulated that Social Welfare Council will receive Rs 12,000 every month in return. As per the agreement signed in 2074 BS for as long as 25 years, Harit Krishi Sahakariis running vegetable market in a land area of 8 ropani in Tukucha Bazaar near Bhrikuti Mandap in return of monthly payment of 1100000 (11 lakh) paid to Social Welfare Council.

Plaint against Social Welfare Council

The consortium of traders, businesspersons and shopkeepers have filed a plaint against the Social Welfare Council just within 3 years of the said agreement guaranteeing the rights to do trade and business for 25-long years in the premises of Bhrikuti Mandap comprising Fun Park, Lyapuchhah and Tukucha Bazaar. These traders and businesspersons are also protesting in the streets demanding the answer why their agreement to trade and conduct business in the Bhrikuti Mandap was canceled abruptly. The consortium is claiming to have a strong legal base as depriving them of right to work is a denial of fundamental right enshrined in the Constitution of Nepal. Hari Krishi Sahakari alone runs more than 150 stalls in Tukucha Bazaar, where not less than 200 people are directly employed.

Durga Prasad Bhattarai, information officer of Social Welfare Council, told the Khabarhub that the court of law has already ruled in favor of Social Welfare Council regarding vegetable stalls claimed to be put up by Hari Krishi Sahkari. The whole vegetable market and related business is now functioning under the direct control of us. The consortium of traders and businesspersons have gone in appeal on this issue, adds Durga Prasad and continuing further, ‘All the rents of vegetable stalls put up in Tukucha Bazaar are being collected by the Social Welfare Council. This is the reason all the vegetable stalls are running uninterruptedly.’ ‘So far as Fun Park is concerned, the consortium of traders and businesspersons got the stay order from the District Court but Social Welfare Council went to the higher court challenging the stay order issued by the lower court. We are still awaiting the final legal outcome. Lyapuchhah has not been picked up yet, concludes the information officer Durga Prasad Bhattarai.

A legal complaint for the recovery of Rs. 1.86 billion

A high-level inquiry committee headed by former justice of Special Court Mohan Raman Bhattarai was constituted in 2074 BS to investigate into the activities of Social Welfare Council as it has been accused of making an agreement of convenience instead of following pure laws on the matter involving the due process. Based on the investigation of CIAA (Commission for Investigation of Abuse of Authority), a loss to the extent of Rs 1.86 billion has been reported to have incurred.

CIAA carried forward this very issue of loss in its investigation and lodged a complaint against the then minister Badri Neupane and other officials of Social Welfare Council in the Special Court. A total of 14 officials were alleged to have been involved in the financial irregularities and corruption but CIAA could only find 6 persons against whom a legal plaint of Rs 310 million was filed in the Special Court. Prominent amongst those against whom cases of corruption were lodged were the then minister of Women, Children and Social Welfare Badri Neupane, Member Secretary Rabindra Kumar Yadav, Treasurer Kunj Bihari Chaudhary, Vice Chairperson Pramod Mehta and other two members Madanlal Karna and Hari Neupane. Even now a case of corruption is going on against them.