KATHMANDU, Jan 21: Kathmandu Metropolitan City (KMC) has lifted restrictions on construction along riverbanks after the Supreme Court’s full bench partially overturned a provision requiring an additional 20-meter setback from river edges.
Based on the Supreme Court (SC)’s latest order in a writ of certiorari case in which Kathmandu Metropolitan City was also a defendant, the metropolis issued a public notice on Wednesday clarifying that building permits on private land will no longer be halted and that ongoing construction will not face restrictions. Earlier, the ban was enforced in line with the verdict issued by the SC on December 16, 2023.
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According to the metropolis, a chief administrative officer-level decision on August 9, 2024 had led to the publication of a notice stating that, apart from the Cabinet standard set on August 17, 2008, which defined the mandatory setback from rivers as recorded in cadastral maps, construction permits would not be issued on an additional 20 meters of land. This notice had resulted in the suspension of map approvals, halting of construction work, and disruption of land transactions in riverbank areas.
However, last Sunday, the SC’s full bench concluded that the earlier ruling by the joint bench did not align with law and justice, and partially overturned it. The court ruled that provisions mandating an additional 20-meter setback beyond the original Cabinet standard of December 16, 2008, fixing a minimum 20-meter boundary for rivers without defined limits, declaring such areas as “no-construction zones,” and acquiring already-built structures through compensation were not legally justified.
Citing this order, Kathmandu Metropolitan City stated that construction permits on private land will no longer be stopped and no restrictions will be imposed on structures currently under construction. Through the public notice, the metropolis has urged all concerned citizens, homeowners, and business operators not to remain confused regarding the issue.
Earlier, the government itself had sought a review, warning that implementation of the joint bench’s order could lead to the demolition of a large number of houses and structures in the Valley, impose a massive financial burden, and cause widespread displacement. Preliminary estimates had claimed that more than Rs 2.1 trillion would be required for demolition and land acquisition alone. Following this, residents living along riverbanks had staged protests.
Riverbank residents have taken the SC’s latest order and the metropolis’ subsequent notice as a relief. However, as the original 2008 Cabinet standard remains in force, legal experts say the long-term implications and the modality of implementation will become clearer once the full text of the verdict is made public.
