Chief secretary calls for a review of SC verdict

While Nepali Congress (NC) and CPN-UML have argued that the decision of the Kathmandu Metropolitan City (KMC) to extend no-construction zone along riverbanks by an additional 20 meters will displace people, Mayor Balendra Shah aka Balen has stated that houses along riverbanks will not be demolished under the new guidelines.

Also, Chief Secretary Ek Narayan Aryal has also called for a review of the Supreme Court’s decision. Speaking to officials of the Nepal Chamber of Commerce on Sunday, he emphasized the need to revisit the Court’s ruling. “Some aspects of the ruling are difficult to implement, and the government is working on that matter,” he added.

In a post on his social media page on Sunday, Mayor Shah said that the government would need to provide compensation if houses falling within the guidelines were to be demolished. “Be assured that no house falling under the new guidelines will be demolished,” Shah wrote. “If demolition becomes necessary, the government must provide compensation.”

The decision, however, has faced obstacles, with both ruling parties Nepali Congress and CPN-UML urging the KMC to reconsider the decision.

The CPN-UML Kathmandu District Committee submitted a seven-point memorandum to Mayor Shah, demanding the scrapping of the decision. UML has argued that the decision affects hundreds of thousands of people living on the riverbanks and warned of severe consequences if the decision is not reversed.

The Kathmandu District Committee of the NC has also opposed the decision. Issuing a joint statement, NC Kathmandu District Committee President Nilkaji Shakya and leader Srijana Singh claimed that the KMC’s decision puts numerous religious and historical sites, including Pashupatinath, Guhyeshwari, Teku, Pachali Ghat and Shobha Bhagwati temples, at risk. The party said that the decision not only causes distress in the economic, physical, cultural and social lives of people living in the metropolis, but also infringes upon the fundamental right to housing as guaranteed by the Constitution.

In a post on his social media page on July 31, KMC Mayor Balen Shah said the metropolis has decided to prohibit construction within an additional 20 meters from riverbanks in the Kathmandu Valley, doubling the buffer from riverbanks to 40 meters. Shah said the decision was based on a Supreme Court verdict.

The opposition to Balen’s decision is not limited to external political parties. Deputy Mayor Sunita Dangol has also expressed her disagreement with the manner in which the notice was issued. During the 35th Municipal Executive meeting, Dangol criticized the mayor for causing panic among the citizens.

Meanwhile, the government has formed a committee under Padma Kumar Mainali, joint-secretary at the Ministry of Urban Development, to study the issue, giving it until September 10 to submit its report. 

The committee will study all aspects of the Supreme Court’s decision regarding the prohibition on construction within an additional 20 meters from the banks of the Bagmati river and its tributaries in the valley.

The demarcation of riverbanks in the valley dates back to 2008 when the then cabinet had decided to prohibit construction within 20 meters of the banks of Bagmati, Bishnumati and Manohara rivers and within 4-20 meters of rivulets. The Supreme Court order on 18 Dec 2022, extended this to 40 meters.