KATHMANDU, Nov 22: The Supreme Court (SC) has decided to review its previous decision mandating to leave an additional 20 meters open space along the riverbanks in Kathmandu Valley. Following the decision to reconsider its previous decision, the previous order will not be enforced immediately.
A division bench of Chief Justice Prakash Man Singh Raut and justices Kumar Chudal and Nityananda Pandey issued the order to review its previous decision on Monday in response to a review petition filed by Secretary Phanindra Gautam on behalf of the Office of the Prime Minister and Council of Ministers (OPMCM) to reconsider the apex court’s order. In addition to the petition filed by the OPMCM, the Ministry of Federal Affairs had also filed a separate petition in the SC demanding that the decision of the Supreme Court be reviewed.
After the SC granted permission to review the case, the case will now be presented to a 3-member full bench except for the justices who presided over Thursday’s hearing.
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The government argued that the original ruling, made on 19 December, 2023, by Justices Ananda Mohan Bhattarai and Binod Sharma, was flawed and contradicted legal precedents. The initial verdict had directed that an additional 20 meters be left open along the rivers such as the Bagmati and Bishnumati. However, the government contended that the directive addressed issues not raised in the petition and contradicted the existing legal provisions. Upon hearing the argument from the government’s representatives, the court agreed to review the matter, putting the implementation of the ruling on hold for now.
On September 9, Prime Minister KP Sharma Oli had stated that the SC's decision to leave an additional 20 meters along the riverbanks in the Kathmandu Valley cannot be implemented. He claimed that the ruling by the SC would wipe out permanent settlements of the people. He added that the Supreme Court's decision was made without adequate study.
PM Oli had also stated that the government, considering the decision inappropriate, sought a review of the decision. Prime Minister Oli mentioned that the SC should understand the problems and concerns of the people. He had expressed confidence that the decision would be overturned during the review and that the previous standards would be reinstated.
The Supreme Court’s verdict on management of riverbank areas of Kathmandu Valley mandated actions in the 20-meter buffer zone including sewage treatment, removal of encroachment and settlement, relocation of squatters, land acquisition for river flow and removal of buildings.
