The judgment of the Supreme Court has given guidance to prevent the encroachment of Fewatal and save it from purin, but according to the judgment, the implementation aspect is weak
The slogan of Pokhara's tourism industry is, 'No Lake, No More Lakeside'. As long as the lake survives, lakeside tourism survives. However, on the one hand, San "Fewatal" of Pokhara has faced the ravages of encroachment, on the other hand there is a fear of being buried.
Supreme Court judgments have provided guidance to prevent encroachment and prevent purin. According to the judgment, implementation is weak. Some attempts have been made but they are insufficient.
It seems that the current form of Fewatal was created after 2018 due to the geological changes that happened at different times. In 2018, the Nepal-India Cooperation Mission built a dam on the eastern side of the lake. In 2018, the compensation policy came. The pillar of the dam states that the area of the lake at that time was 4 sq mi (10.36 sq km). But the basis to confirm the claim has not been found.
Pursuant to the City Construction Plan Implementation Act, 2029, the Pokhara City Plan was approved by the Council of Ministers on December 15, 2030. In the Nepal Gazette 2030 Mansari 17, it is mentioned that Phewa Lake is kept in a protected area and no construction of any kind can be done up to at least 200 feet (60.69 meters) from the edge of the lake. By 2031, the issue of compensation for the land occupied by the lake had been settled.
Phewa Dam collapsed in 2031. When the dam collapsed, the lake was half empty. The water left the land at the head of the lake. It became a swamp. Locals started farming. In the year 2032, the Central Survey Team came. Many people registered land in 2033/34 on the basis of cultivation. In 2034, the foundation stone of another dam was laid a little lower than the previous one, and the construction was completed in 2038. After the dam was built, the water started to take its place again. The land towards Siran was submerged by water. In the study report of Nepal government and UNDP in 2038, the area of Phewa Lake is 5.8 square km.
Taking the decision of Pokhara city plan of 2030, it seems that it was decided by the 15th meeting of Kaski Zilla Parishad on June 15, 2064 that no physical structure can be built in the area of 65 meters from the edge of the lake to protect the lake. The 17th meeting on July 28, 2064 took the sole decision to keep a 65-meter buffer zone (intermediate zone) around Phewatal.
After seeing that the decision was not implemented and the encroachment on the lake increased, advocates Khagendra Subedi and Ramesh Ghimire filed a petition in the Supreme Court on January 10, 2067, opposing 16 agencies including the office of the Prime Minister and the Council of Ministers. The then Prime Minister Baburam Bhattarai formed a committee under the leadership of Vishwaprakash Lamichhane, chairman of the Pokhara Valley City Development Committee, to investigate the encroached land of Phewatal. The committee submitted its report on May 3, 2069.
According to the Lamichhane report, 1,692 ropanis of land on the west side of the lake have been created by individuals in their name. It is mentioned in the report that in 2033/34, after the central surveyor came in 2032 when the water level was reduced by half due to the collapse of the dam, the local people influenced the surveyor's office and registered the land. In the report, it is mentioned that the land measuring 150 to 750 meters in length and 5 to 8 meters in width in the then Chapakot 1, 3 and 5 Wards of Pandeli was cut and divided.
By the time the dam was completed in 2041, 500 ropani of land registered after the lake took its shape are still under water. Lamichhane's report suggested that the red portion of the 1,692 ropani land in the name of 950 people should be canceled. According to the map of tracing number 093-0875 of the surveyor's office, the demarcation of that land is not visible. In the report, the area of the lake is 6.5 square km.
Based on Lamichhane's report, on 16 May 2075, the joint bench of Supreme Court Justices Omprakash Mishra and Sapna Pradhan Malla issued orders on 11 different issues in the name of the opposition bodies. The decision is considered historic in the context of Fevatal protection. In that order, there were instructions to maintain four forts of Phewatal within 6 months, to remove structures within 65 meters within 6 months, to take compensation for the surrounding land if necessary for the long-term protection of the lake, and to control Gegyran flowing from the estuary.
After the verdict was not implemented for a long time, Advocate Subedi registered a case of defamation of the court in the name of the opponent. In 2077, the then Prime Minister KP Sharma Oli formed the Four Fort Determination, Demarcation and Mapping Committee under the chairmanship of Kaski UML leader Punya Paudel to implement the decision. In the case of contaminated land, there are two different reports of the committee led by Vishwaprakash Lamichhane and the committee led by Punya Paudel.
The Paudel-led committee submitted a report to the government in February 2077. According to the said report, the area of Phewatal was fixed at 5.726 square km (11255 ropani) and published in the gazette. It is mentioned in the gazette that 1479 ropani 2 annas 3 paisa 3 dams of the 747 pieces of land within the boundaries of the lake are registered in the name of a particular person and have been obtained by the land owner. Out of that, in 2032, 916 ropani 8 annas 1 paisa 1 daam in 518 plots were registered by the individual in the field book.
After that, 477 ropani 12 annas 2 paisa 2 daam land in 151 parcels under the exemption land registration as per the provisions of the Land Registry Act, 2034 appears to have been registered by the Land Registry Office Kaski. The number of plots yet to be registered is 76 and its total area is 133 ropani 9 annas 1 paisa 3 dams.
1 ropani 8 annas 2 paisa has been registered for three parcels of land from the order and correspondence of the then government and authorized bodies. The area of 83 ropani 5 annas 2 paisa 2 dams of 75 lots is registered by the court decision. Some of these lands have been reserved by the Pokhara Valley City Development Committee, while 59 lots are reserved in various banks and financial institutions.
Within the boundaries of Fewatal, the area of lot number 297 registered in the year 2032 in the name of the lake is 8,777 ropani 12 annas 2 paisa 2 daam, in addition to total 58 lots of 907 ropani 13 annas 2 paisa land, it seems that the field book has been maintained/registered in the name of the government. Out of which, 503 ropani land of Harpan River alone has now fallen within the limits of Kayam Lake. Adding the area of all these shares, the current lake area is 5.726 sq km (11,255 ropani) and published in the gazette.
The 55th executive meeting of Chait 16, 2078, during the time of the then Metropolitan Chief Man Bahadur GC, decided to make the standard of Fewatal 30 meters. The meeting fixed 55/55 meters for Rupatal and Begnas lakes, 20/20 meters for Khaste, Dipang, Maidi, Nyureni Gunde, Kamal Pokhari lakes.
Advocates Khagendra Subedi, Sarojnath Pyakurel, Krishnahari Khadka and Dipendra Prasad Ghimire filed a petition in the Supreme Court on May 11, 2079 demanding the annulment of the decision and the removal of the illegal structures built in the watershed area. The full text of the judgment of the joint bench of Justice Kumar Regmi and Hariprasad Phuyal on the said writ came on October 9, 2080. After Purnapath came, 65 meters from the lake shore was considered as an intermediate zone and the knot was blown to remove the unauthorized structure. After the
verdict, the way was opened to cancel all the land titles registered in the names of individuals after the survey of 2032/33 in Fewatal and bring them into the names of the lakes. The full text of the judgment explains that the registration of contaminated registered land will automatically be cancelled. The Supreme Court also ordered to implement the standard of 65 meters from the shore of the lake within 6 months. When applying 65 meters V.No. It is mentioned in the full text of the judgment that only the land registered before the surveyor of 2032/33 should be compensated.
Houses, buildings, businesses, hotels, restaurants, resorts, etc. and all other personal, government or public physical structures located in the area up to 65 meters from the edge of the highest water during the rainy season around Fewa Lake must be removed within 6 months and vacated and the intermediate area of 65 meters completely cleared. It is said in the full text that green areas should be declared and maintained.
It has been explained that the land of the lake and its deal are government land because it is not seen that there is a dispute regarding the compensation of the land of Fewatal from 2018 to 2031, and even if it is, it should be considered to have been settled immediately. It is stated in full text, 'Malpot Act 2034 states that government and public land should not be registered or usaed, and if it is usaed it will be automatically cancelled, so any registrations prepared on the contrary will be canceled by the transfer order.'
2018 Or other types of public land, in case of previous registration before the surveyor of 2032/33. 65 meters from the edge of the highest water point of the rainy season is explained in full as per the law. A Facilitation Committee has been formed under the coordination of Gandaki Chief Minister Surendra Raj Pandey to implement the Supreme Court's decision for the protection of Fewa Lake on 13th November 2080.
According to the study report conducted by the Ministry of Forestry in 2014, the amount of Thigrani accumulated in Harpan river valley from the eight sub-watersheds of Phewa watershed was about 2.784 thousand cubic meters. 1 lakh 29 thousand 490 cubic meters of soil is eroded annually due to land use of Fewa watershed. According to the study of the then District Land Conservation Office Kaski, the annual soil erosion ranges from 1 lakh 75 thousand to 2 lakh 25 thousand cubic meters.
The study shows that 142 thousand 359 tons of soil is drained annually from 19 sub-basin areas. From 1990 to 1994, 175,000 to 225,000 cubic meters of Gegyran have been accumulated annually. 17.37 cubic meters of soil per hectare per year is found to be eroded from Fewa watershed. The office pointed out the danger that the lake may disappear in 75 to 100 years if the process of natural burial of Fewa Lake is not stopped. The depth of Fevatal is also decreasing.
Pokhara metropolis has built 5 siltation check dams in Harpan River and Andheri River to protect the lake from overflowing. The dam stops the flow of Gegyran from the river. Dhanraj Acharya, head of Pokhara metropolis, says that the Supreme Court's decision to return the encroached land to the name of the lake is in the final stage of implementation. According to him, the plan to bury 1085 poles for demarcation of the lake has been digitally prepared. Now all that remains is to physically bury the pole.
Pokhara Valley City Development Committee under the metropolis has established a secretariat and deployed a technical team to implement the decision, he said. "For the past one year, the work of separating Talghar and determining the highest water level has been completed, it has been determined which lands fall within the boundaries of the lake," he said, "only to distinguish which lands are registered before the 2032 survey and which are registered after the dam collapse." Remaining. Locals from Ratna Mandir in Lakeside to Fistel Gate filed a petition in the Supreme Court on 21 May 2081, demanding to stop the execution of the Supreme Court's decision. 22 people including Budhraj Bhujel had registered a public concern writ. They have said that their generations have been living on the land of that area since ancient times by paying taxes and they have filed a writ under their property rights after passing the map and building a house and a hotel.
The Supreme Court refused to issue an interim order while hearing the writ on May 23. But for an interim order, a show cause order was issued inviting both parties to a discussion. Both parties have submitted written responses to the said order.
Surya Bhujel, a tourism businessman from Gourighat in Lakeside, said that he had to file a writ because the Supreme Court had decided to go ahead with the report of Lamichhane. "In the report, it has been suggested that 30 meters from the shore of the lake should be maintained in the case of Ratna Mandir to Fistel Gate," he said. There is no plan as to what the government will do after paying billions in compensation and demolishing the big hotel.'
