KATHMANDU, Jan 19: The Supreme Court (SC) has overturned its earlier decision that required an additional 20 meters beyond the existing standards to be left along riverbanks in the Kathmandu Valley.
On Sunday, a full bench of Justices Sunil Kumar Pokharel, Bal Krishna Dhakal, and Nripdhwaj Niraula heard the government’s review petition and nullified the previous ruling.
Earlier, on December 19, 2023, a joint bench of Justices Dr. Anand Mohan Bhattarai and Binod Sharma had ruled that for the Bagmati River and its tributaries, structures within an additional 20 meters beyond the government-mandated 20-meter standard should also be declared a construction-prohibited zone.
Locals protest against riverbank setback ruling
The earlier ruling had required the removal of structures built within the additional 20 meters and payment of compensation. Its implementation had raised concerns that millions of residents in Kathmandu could be displaced and private property seriously affected, sparking public unrest.
The previous government (Office of the Prime Minister and Council of Ministers) had filed a review petition through the Attorney General’s Office, claiming the earlier decision was impractical and flawed.
After hearing the petition, the full bench on Sunday upheld the 2065 BS standard set by the Council of Ministers and scrapped the additional 20-meter requirement.
The brief text of the order stated: “Regarding the Bagmati River and its tributaries, the ruling of the joint bench dated 2023/12/19, which allowed maps and permits only by leaving an additional 20 meters beyond the standard set by the Council of Ministers on 2008/08/17, does not appear consistent with law and justice, and is therefore partially reversed.”
With this new SC order, the riverbank standard set by the government in 2065 BS (20 meters or less, depending on the river) will now apply in the valley. The previous order, which required halting construction and demolishing houses within an additional 20 meters, will no longer be enforced.
