The government has claimed that 8,304 houses and 42,000 citizens will be displaced on both sides of the river if the verdict is implemented.
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The Supreme Court has ordered the government to request additional files in the dispute over the demolition of an additional 20-meter structure along the riverbank.
The Supreme Court has ordered the government to request eight files from various government agencies in its appeal. The full bench of Justices Nahakul Subedi, Til Prasad Shrestha and Shrikant Poudel gave priority to this dispute and made the order.
‘Considering the seriousness of the matter, complete the work as per the order and file a case on Magh 4,’ the order states. ‘Considering the nature and nature of the subject matter of the case, it is necessary to dispose of the case expeditiously, therefore, complete all the above-mentioned work within a week and file a case.’
The then Law Secretary Phadindra Gautam had filed a review petition on behalf of the government, stating that the decision made on 20 Poush 20, 2080, which required the construction of structures by leaving an additional 20 meters on the banks of the Bagmati, Bishnumati and other rivers in the Kathmandu Valley, could not be implemented. The Supreme Court made the order on Thursday during the hearing of the petition.
The Supreme Court has ordered that a certified copy of the decision of the Government of Nepal Council of Ministers dated 1 Mangsir 2065 regarding the distance to be left on the right and left of the Bagmati River and its tributaries in the Kathmandu Valley be obtained from the Office of the Prime Minister and Council of Ministers through the Attorney General. Similarly, in the second number, the order has been issued to obtain the survey and measurement maps of 2021 and 2022 from the Survey Department, which clearly show the flow area of the rivers in the Kathmandu Valley.
In the third number, the order has been issued to obtain the report of the Rawal Commission (2052) that determined the flow area of the rivers from the Land Revenue Department. Similarly, in the fourth number, on what basis has the boundary of the road built on the right and left of the Bagmati, Bishnumati and other tributaries in the Kathmandu Valley been determined? How many road boundaries have been established from which rivers? The order has been issued to obtain the exact details and maps showing the measurement of the road boundaries from the Road Department or the Kathmandu Valley Development Authority office.
In the fifth question, how far has the embankment or retaining wall built on the banks of the main rivers of the Kathmandu Valley been built, leaving the flow or part of the river? It has been asked to send a letter to the Office of the Prime Minister and the Council of Ministers asking the concerned body to provide this court with the exact details of any standards or decisions in this regard.
In the sixth question, it has been asked to request information about the updated status of any standards or other actions or decisions taken regarding the establishment of the demarcation of the banks of the main and tributary rivers within the Kathmandu Valley from the Office of the Bagmati Civilization Integrated Development Committee.
In the seventh question, it has been asked to send a report to the Office of the Prime Minister and the Council of Ministers for the implementation of the order, which was ordered by the Supreme Court on 20 Shrawan 2076 to establish an additional 20 meters on the right and left sides of the Bagmati and other tributaries of the Kathmandu Valley in addition to the limits determined by the Government of Nepal on 3 Jestha 2079.
The Supreme Court has ordered the establishment of an additional 20 meters on the right and left sides of the Bagmati and other tributaries of the Kathmandu Valley in addition to the limits determined by the Government of Nepal. In case 4, it is mentioned that the order will be implemented after studying the work to be done, cost, on-site settlement development and construction status, etc., regarding the river flow area to be maintained at 20 meters from the bank, and information about the updated status of the work will be obtained from the Office of the Prime Minister and Council of Ministers.
Similarly, in case number eight, the joint bench has ordered the withdrawal of the file related to the implementation and monitoring of the order from the Directorate of Judgment Implementation of this court, while considering the case on various dates.
The government has claimed that the implementation of the Supreme Court's judgment to maintain the 20-meter standard on the river bank in the Kathmandu Valley will be complicated for three reasons. The government claims that it is not financially feasible to implement the judgment.
Stating that there are 19 rivers in the Kathmandu Valley, the government has claimed that 8,304 houses and huts on both sides of those rivers and 42,000 citizens will be displaced if the judgment is implemented. The government argues that the houses should be demolished with compensation when implementing the Supreme Court's decision, but that is not financially feasible.
