Himal Press 
Supreme Court Building (File Photo)
KATHMANDU: The Office of the Prime Minister and Council of Ministers (OPMCM) has filed a petition for the review of the Supreme Court’s decision regarding riverbanks in the Kathmandu Valley.
The ruling, which mandates an additional 20-meter buffer zone along riverbanks and calls for the removal of settlements encroaching on government land near rivers, has sparked significant debate valley denizens. Political parties, including Nepali Congress (NC) and CPN-UML, have formally demanded that the government file a petition to vacate the apex court order.
The petition, registered by OPMCM Secretary Phanindra Gautam through the Office of the Attorney General, states that the decision, delivered by a division bench of Justices Dr Ananda Mohan Bhattarai and Binod Sharma on December 18, 2023, has far-reaching consequences for the valley denizens. The petitioner has argued that it is impossible to implement the order due to constitutional, legal and practical challenges.
In the petition, the OPMCM has argued that the authority to determine the extent of riparian zones is fundamentally an executive function. “Various factors like geographical conditions, population density, estimated costs of land and structure acquisition, and the potential impact on individuals, institutions, communities and agencies must be considered before deciding on the matter,” it added.
A task force formed to assess the implications of the ruling said in its report that implementing the court’s order would affect approximately 8,304 houses and sheds, along with about 30,000 ropanis of land along the 19 rivers in the Kathmandu Valley. Acquisition of structure on the affected land would cost around Rs 2,126 billion which is seven times the capital expenditure earmarked for the current fiscal year, according to the petition.
