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Ward office construction plan in dispute



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Kathmandu, Feb. 24: Concealed by the narrow alley leading to Jyatha, Kathmandu Metropolitan City–27, 400 metres north of the Rastriya Nachghar, is the historic Gunakar Mahavihar built in the 17th century. To the north of this Mahavihar is a blacktopped road and across the road is a raised brick platform.
Up until a few weeks ago, people going through the area would only see a few holy idols on the platform. However, these days, they can also see a hole in the ground and a signboard informing them of the building of the office for Ward No. 27 there.

“Our ward does not have an office of its own which has affected our ability to deliver services,” ward chair Chiniya Man Bajracharya told The Rising Nepal. “So, we are constructing a building there at a cost of Rs. 37 million to be closer to the community and serve the people better.”

A noble intention indeed. Just one problem though. The land registration number the ward is seeking to build on seemingly belongs to the Mahavihar colloquially known as Chhusya Bahal.
According to an inscription dated 1668 (Nepal Sambat 788) that is now inside the Vihar, a rest house (Phalcha) once stood on the site. The house, built by one Gunajyoti Bajracharya of Dhwaka Bahal, was built as a communal space and was intended to provide a spot for people walking the Upaku Yatra during Indra Jatra. The inscription states that the Phalcha, its land and the idol of Harahar Lokeshwor that was consecrated in it, are ‘devoted’ to Gunakar Mahavihar.

Over time, the Phalcha collapsed, although the foundation plinths still remain, and the Lokeshwor idol was moved inside the Vihar but the land remained under the de facto authority of Chhusya Bahal. “This authority is also evidenced by the land’s name – Baylaachhi meaning Bahi’s Lachhi (open land belonging to the monastery),” said heritage conservationist Alok Siddhi Tuladhar.
“However, on February 6, KMC Mayor Sunder Shakya, Deputy Mayor Hari Prabha Khadgi and Ward Chairman Bajracharya suddenly arrived and laid the foundation stone for the ward building and we were left dumbfounded,” said a member of the Mahavihar.

This member, who asked to remain anonymous because he feared reprisal from the ward, said that no one from Chhusya Bahal was consulted or even informed about the building construction. “The ward came and staked their claim over our land without so much a verbal notice. What are we to think of this?” he said.

While stating that he was open to collaborating with the residents, Chairman Bajracharya disputed the claim that the land belonged to the Vihar. “The Jyatha Youth and Community Development Club had the deeds to the land and they approached us with the proposal to build a five-storeyed building to be used jointly by the club and the ward and we saw no reason to decline the offer.”
The Rising Nepal was provided a copy of this land’s ownership certificate. It records the plot number of the land as 2131, seat number as 102-1064-24 and its area as 141.80 square metre. However, it does not mention the land’s owner and the field where the owners’ names are supposed to be recorded is left empty.

Attempts were made to contact the Jyatha Club, established in 1998 and run by some locals of Jyatha, for comments but the number provided on its Facebook page was unreachable.
Meanwhile, the Vihar members and heritage activists including Tuladhar have initiated a campaign to reclaim the land. They have approached the Department of Archaeology (DoA) which has asked the ward to halt all work in the archaeologically significant area and have also met with Deputy Mayor Khadgi who promised to get to the bottom of the matter.

However, Bajracharya felt that this campaign was motivated by petty interests. “They are only opposing for opposing’s sake,” he said.
Bajracharya acknowledged receiving the DoA’s order and sought to assure that the new building would not hamper the historicity of the area. “The building will resemble a traditional Newa house,” he said, adding, “Also, when the ward is right in front of the Vihar, it will be able to address any problems immediately and make sure that no private interests lay eyes on it.”

Vihar members, though, are not convinced. “The build will encroach upon the only open space we have here and also hamper the Upaku ritual,” the member who spoke on the condition of anonymity said. “Is it yet another tall building that we want to show to the community or do we want to show them our culture?”