Supreme Court's Ruling on Riverbanks Draws Widespread Discontent

The Supreme Court has banned construction on an additional 20 meters of land on either side of riverbanks within the Kathmandu Valley. This decision has led to substantial pressure from the government, parliament, and the public to review the ruling.

The requirement to leave this extra 20-meter buffer is deemed impractical, prompting calls for a judicial review. Article 133(4) of the Constitution allows the Supreme Court to review its own decisions. The government is preparing to request such a review.

Chief Secretary Ek Narayan Aryal announced that the government plans to initiate this review, citing challenges in implementing the court’s ruling. A task force, led by Aryal and Under Secretary Padma Kumar Mainali, was formed on August 16 to study the issue and is expected to present a report soon.

The task force will assess the feasibility of implementing the court’s order, evaluate its impact on property and compensation, and provide recommendations. A comprehensive report detailing these aspects will be presented to the government.

The Supreme Court's decision, made on January 18, 2024, addresses pollution and encroachment concerns along the Bagmati and its tributaries. The ruling, based on petitions from the Consumer Rights Protection Forum, was delivered by Justices Anand Mohan Bhattarai and Binod Sharma.

Previously, various standards were set for riverbank distances, ranging from 4 to 12 meters, but dissatisfaction with these standards has surged.

Demands for Repeal and Review

Concerned stakeholders expressed that the state is failing to protect its citizens. They demand the revocation of the Kathmandu Valley Development Authority's construction standards and a review of the Supreme Court’s recent ruling.

The additional 20-meter buffer threatens displacement and property devaluation. They claim that the Kathmandu Metropolitan City’s decision, made on 5th August, is highly objectionable.

“We call for its revocation and a review of the Supreme Court’s decision to halt these detrimental measures. Furthermore, we urge accountability for Justices Anand Mohan Bhattarai and Binod Sharma, whose decisions have negatively impacted our religion, culture, and identity. We demand impeachment proceedings against these justices,” reads a statement issued by Suman Saayami, chairperson and coordinator of Kathmandu Valley Road Expansion Victims Struggle Committee and River Regulation Concerned Group.

Prime Minister KP Sharma Oli has said that the government will soon seek to vacate the Supreme Court’s decision that bans construction within an additional 20 metres of the riverbanks in the Kathmandu Valley.

While receiving a memorandum from a delegation led by Suman , coordinator of the Struggle Committee , PM Oli emphasized the government’s commitment to addressing the concerns of local residents and affected groups.

"We respect the decisions of the Supreme Court, but some rulings may have flaws due to various reasons. Seeking a vacation is the legal path to correct decisions that are deemed inappropriate. I am confident that the Court will consider the grievances of the people, and justice will be served," PM Oli remarked.

During the meeting at the prime minister’s residence in Baluwatar, he added, "Nepali culture is rooted in unity and friendship. However, there are forces that may attempt to disrupt our culture and civilization. We must strengthen our national unity and identity. Certain elements with no roots may try to undermine the spirit of national unity, and we all need to be vigilant against this."