The Supreme Court (SC) has overturned its previous verdict that required leaving an additional 20 meters of land vacant along riverbanks in the Kathmandu Valley.
A joint bench comprising Justices Sunil Kumar Pokharel, Bal Krishna Dhakal, and Nripa Dhwaj Niraula on Sunday delivered the decision to reverse the earlier ruling.
The SC on December 19, 2023 had issued a mandamus order to set additional standards aimed at removing increasing pollution and encroachment on the Bagmati and other rivers and the tributaries. That verdict was given by a joint bench of Justices Ananda Mohan Bhattarai and Binod Sharma during a final hearing on two writ petitions filed on behalf of the Forum for Protection of Consumer Rights Nepal.
Registrar and Spokesperson at the SC Arjun Prasad Koirala informed that the court found the previous verdict did not align with the principles of law and justice, leading to its partial reversal.
Spokesperson Koirala stated that this means only the 20-meter standard established by the Council of Ministers on November 16, 2008 will remain in effect. Only the portion of the verdict that added an additional 20 meters has been overturned.
"The government had specified 20 meters. Later, the joint bench added another 20 meters. The reversal applies to that additional 20 meters. Now, the 20-meter standard will be maintained," he said. "The court stated that the rest of the verdict remains correct."
Previously on January 8, a full bench comprising Justices Nahakul Subedi, Til Prasad Shrestha, and Shreekant Paudel ordered the case to be scheduled for January 18, emphasizing the need for a quick resolution. That bench had issued orders to summon various documents across eight points.
It requested a certified copy of the November 16, 2008 Cabinet decision regarding the distance to be left on the banks of the Bagmati and other rivers and the tributaries in the Kathmandu Valley from the Office of the Prime Minister through the Office of the Attorney General. It also ordered the Department of Survey to provide the 2021/22 BS survey maps that clearly show the flow areas of the rivers in the Kathmandu Valley. Additionally, it asked the Department of Land Reform and Management to produce the Rawal Commission Report (1995), which defined the river flow areas.
Furthermore, the court ordered the High-Powered Committee for Integrated Development of the Bagmati Civilization to provide updated information regarding any standards, actions, or decisions made concerning the demarcation of the banks of the main rivers and tributaries within the Valley. The SC conducted the final hearing on Sunday after gathering these various documents.
On December 19, 2023, the SC had issued a mandamus order to set an additional 20-meter standard to remove pollution and encroachment on the Bagmati and its tributaries. A bench of Justices Ananda Mohan Bhattarai and Binod Sharma had delivered that verdict during the final hearing on two writ petitions filed by the Forum for Protection of Consumer Rights.
The SC's previous verdict stated that for the Bagmati and other rivers and the tributaries where the flow area is already established, a riparian zone should be demarcated by maintaining at least another 20 meters on both banks, keeping monsoon flooding in mind.
Claiming that this verdict would severely affect local residents living along the riverbanks in the Kathmandu Valley, the Office of the Attorney General on behalf of the government, had filed a petition for a review. After the initial hearing on that petition, the SC granted permission for the review. Following that decision, the review was registered on December 5, 2024, and the hearing proceeded.
