The verdict was delivered by a full bench of Justices Sunil Kumar Pokharel, Bal Krishna Dhakal, and Nripadhwaj Niraula.
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The Supreme Court has overturned its earlier decision to impose an additional 20-meter standard on the riverbank. The Supreme Court has said that the decision of the joint bench of 2080 Poush 3 will be somewhat reversed to that extent as the decision does not seem to be in line with the law and justice. The full bench of Justices Sunil Kumar Pokharel, Bal Krishna Dhakal and Nripadhwaj Niraula delivered the verdict.
Earlier, the Supreme Court had ruled to leave an additional 20 meters of space on the river banks. The decision was made on 20 Poush 20, 2080, to leave 20 meters of space on the banks of the Bagmati, Bishnumati and other rivers in the valley.
The then Law Secretary Phadindra Gautam had filed a review petition on behalf of the government, saying that the decision could not be implemented. In the final verdict in the writ petition, the Supreme Court upheld some and overturned others. The Supreme Court has currently made public only the summary judgment.
‘In the previous decision of Poush 03, in the case of the Bagmati River and its tributaries, in addition to the criteria set by the Council of Ministers on 2065/08/01, the map approval will be granted only by leaving an additional 20 meters on the right and left, in the case of a river or stream, if the boundary is not defined, a minimum boundary of 20 meters on the right and left from the bank, in the case where no structure has been built within the added distance, the land within that distance will be declared a construction prohibited zone and construction permission will not be granted, and in the case where a map has already been passed in accordance with the law and buildings etc. have been built on the land within the said additional 20 meters, the decision to construct permanent structures in the riverbank area and to obtain the land necessary for the smooth flow of rivers and streams by providing compensation as per the law does not seem to be in line with the law and justice,’ the decision states, ‘To that extent, the decision of the joint bench of Poush 03, 2080 is considered to be somewhat reversed.’
The government had argued that the implementation of the Supreme Court's decision to establish a 20-meter standard for river banks in the Kathmandu Valley would be complicated for three reasons. The government had argued that it would have to pay a large financial compensation, demolish many archaeological sites, and face huge public opposition. The other explanations given by the Supreme Court will be known only after the full text.
