The dispute between Godawari Municipality and entrepreneurs over the closure of two mines in the Godawari area of Lalitpur, which have been supplying gravel for the Tribhuvan International Airport Expansion Project in Kathmandu, has escalated to a contempt of court case.

The entrepreneurs have accused the municipality of failing to implement the court’s interim order, claiming that the mines and crusher industries, which have been operating for years with permits from the Department of Mines and Geology, were shut down due to a lack of policy clarity in Godawari Municipality. Although the Lalitpur District Court issued interim orders twice, instructing that there should be no obstruction to the operation of industries within the approved area, the entrepreneurs allege that the orders have not been implemented and filed a contempt petition again on Asar 9.

Meanwhile, the dispute has intensified after Godawari Municipality called for a new contract worth a minimum of Rs 214.7 million to collect excavation and export fees for mining materials for the fiscal year 2083/84.

According to documents obtained by Kantipur, Machhindranath Multipurpose Pvt. Ltd. received excavation permission from the Department of Mines and Geology on Magh 22, 2071. After departmental approval, the necessary consent was obtained on Magh 26, 2071, and operational permission was also granted by the then District Development Committee, Lalitpur, on Fagun 6, 2071. Similarly, documents state that Gunasa Bhuroda Stone Industry, including Birendra Maharjan, has also been excavating within the approved area since obtaining permission from the Department of Mines and Geology on Chaitra 31, 2076.

Through these industries, gravel and stones from the Godawari area have been supplied for the Tribhuvan International Airport Expansion Project. Documents show that in Shrawan 2082, a contract was signed between the Chinese construction company AVIC and Bahubali Construction regarding the operation of the crusher plant and supply of materials.

After that, the Civil Aviation Authority, Ministry of Home Affairs, Office of the Prime Minister and Council of Ministers, District Administration Office, and Ministry of Tourism have repeatedly corresponded with the local level to ensure the project is not affected. According to entrepreneurs, the dispute reached the court after Godawari Municipality began obstructing mine operations from Kartik 2082. Meanwhile, a field report from the Department of Mines and Geology on Mangsir 14, 2082, mentioned that some excavation had occurred outside the approved area. Entrepreneurs claim that the municipality then sought to halt mine operations.

The bench of Judge Punarama Khanal of the Lalitpur District Court issued an interim interim order on Mangsir 17, 2082, in response to a writ by Birendra Maharjan and others, instructing that no obstruction be imposed on operations within the approved area until a final decision is made. Subsequently, on Magh 13, 2082, in response to another petition by Machhindranath Multipurpose Pvt. Ltd., the bench of Judge Devaraj Joshi again issued an interim order directing Godawari Municipality not to obstruct the operation of industries within the privately approved area. After the court order, the municipality set a condition that the boundaries of the mining area must be demarcated. Accordingly, on Jestha 30 and 31, 2083, technicians from the Survey Office, Lalitpur, conducted a field survey and prepared a site report.

Kathmandu airport expansion stalled due to gravel supply halt

According to documents, the District Coordination Committee, Lalitpur, sent a letter to Godawari Municipality on Asar 3, attaching the site report and requesting facilitation of mine operations. However, Godawari Municipality Mayor Gajendra Maharjan stated that the site survey and report by the Survey Office, Lalitpur, technicians were conducted personally, not institutionally.

Claiming that they were still not allowed to operate their industries despite the court order, boundary demarcation, and the District Coordination Committee’s letter, the entrepreneurs filed a contempt of court case against Godawari Municipality on Asar 9, 2083. According to court documents, the bench of Judge Dhakaram Paudel of the Lalitpur District Court registered the petition on Asar 15 and ordered the relevant officials of Godawari Municipality to submit a written response within seven days.

While the court order and contempt case are ongoing, Godawari Municipality, on Asar 16, 2083, called for bids for the contract to collect excavation and export fees for mining materials for the fiscal year 2083/84. According to the published notice, the minimum contract amount is set at Rs 214.7 million. A deposit of Rs 10.735 million is required for bidding, and the rates are set at Rs 7 per cubic foot for stone, gravel, aggregate, sand, etc., and Rs 3.50 per cubic foot for soil.

Anju Paudel and Sudarshan Bisht, directors of Bahubali Construction, and Kedarnath Timilsina, director of Machhindranath Multipurpose Pvt. Ltd., told Kantipur on Thursday that the municipality’s failure to implement the court order has prevented them from transporting gravel to the airport. They claim that the closure of legally operating mines has caused a shortage of construction materials for the Tribhuvan International Airport Expansion Project. The entrepreneurs allege that the municipality has favored certain industries under political protection and discriminated against them based on economic and political influence. Godawari Municipality Mayor Gajendra Maharjan stated that the final decision on the obstruction of gravel supply for the Kathmandu airport expansion should be made by the Council of Ministers or the court.

He said, “This matter is currently sub judice in court. As mayor, I cannot grant permission for mine operations until a final verdict is reached. I have already been embroiled in controversy over this issue before.” According to Maharjan, the boundary demarcation of the relevant private mines has not yet been completed by the District Survey Office as per the law. “The court order also states that operation should only be allowed after completing the legal process. Only after all processes, including demarcation, are completed can a necessary decision be made,” he said.

For the Kathmandu airport expansion, in Bhadra 2077, Bahubali Construction, Gunasa Bhuroda Stone Industry, and others signed agreements to supply about Rs 1.5 billion worth of gravel, aggregate, and seven types of minerals for three projects at the airport. About 90 percent of the Kathmandu airport expansion work has been completed. After the supply of high-quality gravel, used in the Tribhuvan International Airport Expansion Project, was halted, construction work inside the airport came to a standstill, bringing the issue back to the forefront.

According to Dipendra Shrestha, engineer and director of the Air Transport Capacity Enhancement Project under the Civil Aviation Authority, work on two major structures inside the airport has stopped since the supply of gravel from the Godawari area was halted. “Currently, blacktopping of the northern uniform taxiway has been completely stopped. The contractor has also halted concrete pouring for the newly constructed international apron,” Shrestha told Kantipur. “Both the night taxiway work and the daytime apron concrete pouring have been affected.”

According to him, although about 90 percent of the work inside the airport has been completed, the shortage of construction materials has stalled the final phase. He said this will not only delay project completion but also increase costs. “The halt in gravel supply means the contractor will need an extension. This could also increase the project’s cost,” he said.

According to Shrestha, the gravel used at the airport is not the same as that used for ordinary roads. “Roads carry vehicles weighing 20–25 tons. But at the airport, aircraft weighing 250 to 300 tons operate, so extremely high-quality aggregate is required,” he said. “Such high-hardness aggregate is currently found only in the Godawari area. The required size for the airport is also produced there.”

Three crusher industries operating in the Godawari area have been supplying gravel and aggregate for the airport. According to crusher entrepreneur Madhusudan Dotel, Birendra Maharjan Stone Mine and Nirakar Gravel-Stone Industry in Tikabhairav, as well as Machhindranath Multipurpose Crusher Mine Industry and Bahubali Construction Pvt. Ltd. in Devichaur, have been supplying construction materials for airport projects.