SC overturns earlier ruling on 20-metre buffer zone along riverbanks - english.makalukhabar.com

KATHMANDU: The Supreme Court has overturned its earlier ruling that required leaving an additional 20 metres of vacant space along riverbanks. Stating that the provision was not appropriate from a legal and judicial perspective, the court partially reversed the verdict previously delivered by a joint bench. A full bench comprising Justices Sunil Kumar Pokharel, Bal Krishna Dhakal, and Nripadhwaj Niraula announced that certain parts of the verdict issued by the joint bench on 2080 Poush 3 have been overturned. Earlier, the Supreme Court had ruled that within the Kathmandu Valley, structures could only be built after leaving an additional 20 metres of open space on both sides of rivers such as Bagmati and Bishnumati. The verdict, delivered on 2080 Poush 20, had imposed strict restrictions on construction along riverbanks. However, citing impracticality in implementation, the government had filed a review petition through then Law Secretary Phadindra Gautam. While delivering the final verdict on the petition, the Supreme Court upheld some provisions and overturned others. Currently, only a brief summary of the ruling has been made public, and the court has stated that the full text will be released later. According to the court’s summary, the provisions requiring an additional 20-metre setback beyond the standard set by the Cabinet on 2065 Mangsir 1, banning map approvals in the area, declaring it a prohibited construction zone, and acquiring already built structures through compensation were deemed inappropriate from the legal and judicial standpoint. These portions of the joint bench’s ruling have therefore been overturned. The government had argued that enforcing the 20-metre standard would create three major complications: the need to provide massive compensation, the risk of demolishing historically significant structures, and widespread public opposition. The Supreme Court stated that its interpretation on other aspects of the case will become clear only after the full text of the verdict is made public.