The Social Welfare Council has filed an appeal at the Patan High Court against the Kathmandu District Court’s stay order on the council’s eviction notice to remove the amusement park located at Kathmandu’s Bhrikutimandap.

Two and a half months ago, the council had issued an eviction order to Kathmandu Fun Park and Lyamha Puchha to clear the ground within 60 days, citing that the contract has been terminated after the Commission for Investigation of Abuse of Authority on February 4 filed a corruption case at the Special Court against 14 people, including former minister Badri Prasad Neupane, for leasing out 60 ropanis of land in Bhrikutimandap at “a very low price” without competition.

But the two firms moved the Kathmandu District Court contesting the eviction order, stating that they should be allowed to use the land until the lease period runs out, and managed to secure a stay order.

The council filed an appeal at the High Court last week, challenging the stay order.

“In the appeal, we have pointed out that the Kathmandu District Court had issued the stay order in favour of these firms without giving us the opportunity to defend ourselves,” Durga Prasad Bhattarai, the council’s information officer, told the Post.

“We have also mentioned that the Commission for Investigation of Abuse of Authority has filed a case against the people involved in leasing out the land to Kathmandu Fun Park.”

The officials of Kathmandu Fun Park say the council does not have the right to terminate the lease unilaterally as long as the corruption case is under court’s consideration.

“It is a sub judice case. So the lease contract is valid, unless the Special Court proves otherwise,” Keshav Joshi, legal adviser to Kathmandu Fun Park, told the Post.

On July 30, 2012, the council’s board, led by the then minister Neupane, had decided to extend the lease period to Kathmandu Fun Park at a monthly rent of Rs 555,500. The rent has now reached Rs 610,500 as per the deal of raising the tariff by 10 percent after five years of the signing of the agreement.

In its charge sheet, the Commission for Investigation of Abuse of Authority has stated that the decision to lease the space at a low rate, without competitive bidding, has caused the council a loss of Rs315.21 million.

Besides, thea anti-graft agency has said, the decision also contravenes the Public Procurement Act, the Government Lease Act, and the Financial Administration Regulation of the council itself.

Even the assessment of rent made by the District Technical Office, Kathmandu, was reportedly ignored while leasing out the property.

Joshi, the legal advisor to Kathmandu Fun Park, claimed that the deal was extended after the council failed to receive any decent financial offer while making effort to lease out the land through tender.

Similarly, Lyamha Puchha, which occupies 25 ropanis of land inside the amusement park, has been paying a monthly rent of Rs 13,267 for the past 25 years. Its lease period is due to expire after three years.

The council has already removed Harit Krishi Sahakari, an agricultural cooperative, from Bhrikutimandap but not without trouble.

The cooperative, which was running a vegetable market, had also moved the Kathmandu District Court, challenging the eviction. The court ultimately decided in favour of the council.

The cooperative had leased eight ropanis of land in Bhrikutimandap from the council for Rs1.1 million per month.

“We had to vacate the space leased by the cooperative after the end of deadline on June 23. With the expiry of the deadline, we have decided to collect rent directly from vegetable vendors,” said Bhattarai.