Ownership disputes hinder wetland conservation in Kailali
Ghodaghodi (Kailali): Wetlands in Kailali district, particularly natural lakes within community forests, are facing significant ownership conflicts, posing challenges to their conservation and sustainable management.
Rajkumar Chaudhary, chairman of Om Shanti Community Forest in Bhajani Municipality-9, has been involved in court cases for over a year. Elected by villagers to lead the community forest, Chaudhary and five others, including Foniram, Ramsagar, Manoj, and Sheetal Chaudhary, are now defendants in a case seeking Rs. 17 million in compensation. The dispute arose after the municipality awarded a fish farming contract for Ghortal Lake, spread over 37 hectares, to Prem Bahadur Bhul. Following the contract’s expiration in mid-Chait 2080, the community forest group decided to manage the lake independently, leading to legal action by the former contractor.
Similar conflicts persist across Kailali. Ownership disputes over lakes such as Lotihua, Laukah Bhaukah, and Koilahi have reached courts or administrative authorities. In some cases, municipalities have contracted lakes for fish farming, while community forest groups continue to protect and manage them, often without receiving agreed-upon revenue shares. For instance, Laukah Bhaukah Community Forest Users Group, after mediation with Bhajani Municipality, has yet to receive its 50 percent share from the fish farming contract, according to chairman Bachawan Chaudhary.
The disputes are fueled by legal ambiguities. While the Forest Act 2076 empowers community forests to manage lakes within forest areas, the Local Government Operation Act 2074 gives local governments the right to use and manage wetlands. This contradiction has led to overlapping claims, complicating management and conservation efforts. Bhajani Municipality and Kailari Rural Municipality, which hold the largest number of lakes under the Basanta Corridor, have faced difficulties in collecting contract dues, amounting to over Rs. 40 million in arrears from Bhajani and Rs. 19.2 million from Kailari Rural Municipality.
Community forest groups argue that they have historically protected these lakes and should retain ownership, even if municipalities manage commercial contracts. Suresh Chaudhary, chairman of Om Shanti Community Forest, stated, “We will not give the lake to the municipality under any circumstances. We are protecting it, and if the municipality asks for a percentage of the income, we are ready to give it, but ownership should belong to the Community Forest.”
Experts emphasize the need for legal clarity and intergovernmental coordination. Yagya Prasad Dahal, former Joint Secretary at the Ministry of Forests and Environment, noted that resolving the dual claims under the Forest Act and Local Government Operation Act is essential for long-term wetland conservation. He suggested that federal legislation should clearly assign ownership of ponds within community forests to a single entity, ensuring sustainable use and management of these biodiversity-rich wetlands.
Currently, over fifty lakes in Kailali face disputes, leading to challenges in biodiversity protection, contract management, and revenue collection. Despite court rulings in favor of municipalities in some cases, community forest groups continue to safeguard these wetlands, highlighting the urgent need for policy coordination and legal reform to balance conservation with local governance and economic use.