The Supreme Court dismissed the petition of 10 people including Krishna Kumar Kafle of Udaipur and ordered them not to come to the court due to rumors.
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The Supreme Court has asked not to come to the court with a writ under public interest in the pre-mature stage. The joint bench of Justices Vinod Sharma and Balkrishna Dhakal said that there is a tendency to demand to stop any work even if it has not been started.
"It seems that the writ petition was filed prematurely, citing Golamtol and Goshwara Byhora, suspecting that there is a possibility of damage to the petitioners, loss and damage," the full text of the judgment says. It seems that the court has come with the suspicion that there is a possibility of damage to the house and land, the area and the impact, loss and damage.'
10 people including Krishna Kumar Kafle from Udaipur filed a petition in the Supreme Court saying that the land and house on the banks of Hanumante river in Bhaktapur's Surya Binayak had been demolished and cleared by the Kathmandu Valley Development Authority.
The writ was dismissed on 21st June 2082, and the Supreme Court released the full text on Friday and warned not to register immature writs, saying that the court will come based on the assumption that anything can happen and the time of the court will be wasted.
The Supreme Court had previously set a precedent as to what writs would be filed under public concern in the case of Bhimsen Thapa against the Government of Nepal. But the Supreme Court has given this order saying that public interest writs have been filed time and again without considering this example.
In order to maintain the greater public interest, it seems that the government has the mandatory responsibility of expanding all kinds of road structures and embankment and protection of river channels under the development works carried out by the government mechanism. The full text of the verdict states that, in the case of encroachment, loss and damage to the house and land of a private individual, as a result of the development and construction work carried out by the government mechanism for the greater public interest, the land will be acquired in accordance with the legal provisions of the Land Acquisition Act, 2034 and reasonable compensation will be provided to the person who will be harmed.
Fixed compensation will be awarded” It is mentioned in the judgment that there is no need to come to the court with a writ again when the law has ensured it. Kathmandu Valley Development Authority According to the decision of the meeting on 26 December 2075, the Supreme Court said that no one should be displaced from the land pooling project, and instead of coming to the court based on rumours, the Supreme Court asked them to look at the maturity of the decision.
"As the petitioner said, the Kathmandu Valley Development Authority's decision on land pooling has not been implemented, there is no immediate adverse effect on any rights," the full text says, "For larger public interests and purposes, the government must comply with prevailing laws when acquiring private individuals' real estate." There is no doubt that the observance of laws is mandatory for the government and every individual. ’
This is the full text
