20 meters river bank dispute: The government filed a review petition in the Supreme Court

In the decision of the joint bench of Supreme Court Justice Anand Mohan Bhattarai and Vinod Sharma on 3rd January 2080, it was said that 20 meters should be left from the river bank and the settlements built by encroaching government land on the river bank should be removed .

Secretary Fanindra Gautam, on behalf of the office of the Prime Minister and the Council of Ministers, has filed a review petition on behalf of the Office of the Prime Minister and the Council of Ministers.

'How much coastal area should be left on the banks of the river/river is a matter that falls within the jurisdiction of the executive', the petition said, 'In such matters, the estimated cost of acquisition of land and structures, including geographical conditions, population density, individuals, organizations, communities, The mentioned order that the executive has to evaluate and analyze the impact/impact on the agency and make a decision is contrary to it.'

If the order of the court is not enforceable at all times and in all cases, it is mentioned in the application that it is against the principle that it is desirable for the court to adopt judicial self-restraint without interfering with the policy decisions taken and to be taken by other autonomous bodies.

review application states, 'order from the Supreme Court in the case of Sandeep Shah and Kathmandu Valley City Development Committee, in the case where the state has created responsibility for the positive implementation of the right of residence of citizens, encroachment on the property rights related to the residence created by a citizen through his own power. What to do is not even conceivable under normal circumstances.'

It is stated in the review application that the state may need some preparation to implement such a right established by the constitution as a fundamental right of citizens. It has been asked to review the decision that the order of the mandate was issued when it is contrary to the stated principle that the state should not be active in the work that interferes with the ongoing residence and inevitably affects the consumption.

In the case of Devi Maharjan against the road department, the court ordered on October 22, 2080 that, in addition to other things, displacement should be minimized during development and development should be done in such a way as to cause as little damage to people as possible, except in cases where there is no choice, no action should be taken to affect the safety of a person's residence. In the application that the principle is rendered mentioned .

'Within the constitutional limits, the government is properly managing the resources and means for the development of the country and without any analysis of the issues that need to be implemented, and without finding out any facts or statistics about the effects, what will be the effect/effect? ,' it is said in the application, 'how many houses and lands have to be acquired ? How much amount is required for the compensation of this acquisition? According to the report given on August 25, 2081 by the working group formed on August 16, 2081 regarding the effect on the people living in that area, banks and financial institutions and the government, since there are 19 rivers in Kathmandu valley, according to the order of the court on the right and left of those rivers. It seems that about eight thousand three hundred and four houses and towers and about 30 thousand plantations of land will be included in the area.

When implementing the court's order in the review application, it is estimated from the preliminary study conducted by the technician that it will cost about 21 trillion 26 billion to acquire the structure and land according to the price, which amount is estimated to be equal to the development budget of about seven years based on the current annual capital expenditure. . In the

application, many people have taken loans by pledging the real estate in the area to banks and financial institutions, and the funds of those banks and financial institutions will also be in crisis, a large number of people living in that area will face problems related to resettlement, according to the prevailing laws and standards from the government and related agencies. It is said that acquiring the land and structures of the same place based on different criteria for approval and recognition may cause intense dissatisfaction with the state.