The Patan High Court has scrapped the writ petition filed by Kathmandu Metropolitan City (KMC) Mayor Balen Shah against the Civil Aviation Authority of Nepal (CAAN).
The high court scrapped Shah’s petition against CAAN on Wednesday.
The KMC had halted construction work of the CAAN building at Sinamangal, Kathmandu, in June, saying the building’s design had not been passed.
Superintendent of Metropolitan Police Raju Pandey mobilized metropolitan police to cut the wire fencing of the Tribhuvan International Airport at KMC-9 on June 15. The police cut the fencing citing Shah’s orders despite request by CAAN staffers to not do so.
On June 16, CAAN gave Shah seven days to furnish a written explanation explaining why he cut the wire fencing without informing the regulatory body.
CAAN cited the Civil Aviation Authority Act, 1996, and asked Shah why he should not be punished as per Section 25 (1) for the offense under Section 7.
“If anybody does anything regulated or prohibited by the Authority pursuant to Section 7 without obtaining prior permission from it or contrary to any terms, if any prescribed by the Authority in the course of granting permission, the Authority may subject such person to a fine of up to Fifty Thousand Rupees,” states Section 25 (1).
Shah then filed a petition against CAAN at the high court without furnishing clarification. On June 27, the court refused to issue an interim order and instead issued a short-term order.
With the court scrapping his petition, Shah will now have to furnish clarification to CAAN. He can be fined up to Rs 50,000 as per Section 25 (1) of the Civil Aviation Authority Act if he does not furnish clarification.
