Some of the lands in these settlements are also mortgaged and pledged in banks or financial institutions. It is impossible for such real estate to be kept public according to the order of the court, to make investments, loans, arrears to be recovered. Banks and financial institutions have already begun to pressure and warn the people of the affected areas that their loans will be in danger, so some are under double stress. The people of that area who want to take new loans are deprived of that facility.
According to the decision of November 1, 2065, a court order has come from the government to allow construction only by leaving a minimum additional 20/20 meters of coastal area on the right-left side of all rivers except for the prescribed distance. Since it is not practical, fair and objective, with respect to the court, this aspect of the judgment has to be dissented from. An additional 20 meters standard will not only be a gross injustice but also a crime against the people who are living in small houses. A petition for judicial review has been submitted to the Hon’ble Supreme Court on behalf of the government.
Jurisdiction of the Supreme Court, according to the provisions mentioned in clause 4 of Article 133 of the Constitution, there is a ‘right to review its judgment or final order’. The government decision of 2065, the responsibility and liability of protection is a matter that falls within the governmental integrity of the state. According to the section 11 of the Administration of Justice Act 2073, representing the injustice and suffering of the people of the coastal region, the government has gone under the mandatory responsibility of going to the court for the purpose of review. Forums of 18 municipalities of the valley should not remain silent and be sensitive and active, it is necessary to go to court for judicial review on behalf of the forum.
Experts have also said that the Supreme Court’s mandate to apply the new standards for the banks of rivers or streams in Kathmandu is unreasonable. According to the experts’ impact analysis, the government can only prepare more than 21 billion to implement the mandate, as the settlement has to be cleared only by paying compensation for more than 8,000 houses and more than 30,000 plantations. Neither the government nor the judiciary is exempt from violating the fundamental rights to property under the prevailing constitution. The 61st annual report of the Auditor General has shown that 3,496 households live in an unorganized manner on the river banks of the valley. The report suggests that these families should be arranged for immediate accommodation elsewhere. It is not the court that determines the standard, it is the responsibility of the government. The matter of determining whether or not the standards have been complied with is within the jurisdiction of the court. Therefore, it is necessary to respectfully disagree with the judgment of the Hon’ble Court regarding the determination of coastal zone and criteria.
After reading the full text of the joint bench of the Supreme Court dated 3rd December 2080 which has 101 points and 89 pages, positive, visionary, fair and welcome guidance is also found in many aspects. After long-term study, intellectual research, discussion and in view of the current objective environment, this decision has become a guide in the process of environmental sustainable development by removing pollution control and encroachment (as shown in the survey map of 2021/22) for coastal beautification. The Verdict is not only a highly intelligent, logical and thorough study, but also a readable and concise analysis of the River Civilization in the context of rhetoric. However, other very beautiful and intelligent aspects of the mandate have become secondary due to the universal standard of 20 meters.
All the rivers or streams in Nepal are in a problematic or critical condition due to man. In the name of physical development, the river is being destroyed by activities such as carrying stones, gravel, sand etc. from the river, dozer terror, garbage and sewage mixing in the river. The encroachment of the river has become so terrible, once the settlement enters the river, the river enters the settlement. Almost all the rivers flowing in the Kathmandu Valley have lost their identity and beauty and have turned into sewers and drains. 15 billion has already been spent on improvement projects in the Kathmandu River Corridor. 28 years have passed. But the work still seems incomplete and incomplete.
During my tenure of about ten months (2073-74) as Urban Development Minister, efforts were made to protect the Wagmati River and its tributaries from encroachment by making them garbage-free. For the restoration of Wagmati Civilization, it was decided to make necessary amendments to the formation of Wagmati Civilization Integrated Development Committee, which is empowered by the Council of Ministers to proceed as a river basin organization. The work of opening an 18 km track from Wagmati Dobhan to Mangli on both sides of Dhobi Khola Corridor was completed at that time.
It was ordered that the land deemed necessary by the government should be taken only by giving fair compensation. But from Gokarna to Guhyeshwari Ghat, they have been struggling for 3 generations without getting compensation for 188 ropani land. The people of other riverside areas such as Bishnumati, Mahadev Khola and Dhobi Khola are also in the same situation. When will you get this compensation? In this, some victims died by trampling on their heels. After how many generations in what era will the surviving victims get? After hearing the collective voice of the victims, understanding the sensitivity, another decision regarding compensation was made by the Council of Ministers in 2073. But until today, that problem is yours.
Illegal encroachment and haphazard settlement, vested interest in making such settlement a vote bank is also seen here. Despite the presence of many government agencies unnecessarily, the Wagmati Civilization Integrated Development Committee still lacks the necessary authority. Everywhere corruption, impunity and rule of lawlessness, problems of demarcation, obstruction of interest groups in the construction of infrastructure, etc. are still alive.
Human settlements and clean green rivers complement each other. A river is not only a watercourse, but also a source of civilization. The development of urban civilization and culture on the banks of large rivers is a universal feature that has been going on for centuries. Hindu scriptures glorify the river as divine. The destruction of the river is also the destruction of the culture and civilization living on its banks. Its protection, purification and sanctification is the responsibility of the state and all concerned residents. Not only the rivers of the valley, but also the protection, purification and proper management of the riverbanks of 77 districts is the responsibility of the state to formulate a strong national policy. Development of a clean, hygienic, healthy and green river system is the declared objective and policy of the government. But its effective implementation has not happened at all. River pollution is increasing with rapid urbanization in every district. If it is not controlled in time, it will not be a river but a drain, and it will be cursed for future generations.
The problem caused by the judgment of the Supreme Court with an additional 20 meters standard is now a common agenda for the solution of not only the concerned justice-loving people but also the government and political parties. During its just solution, it is the responsibility of the affected people to be careful not to let the smell of vested interest come from anywhere. So that the victims get justice, its judicial resolution as soon as possible should become a common agenda of public priority.
– Member of the House of Representatives KC is a Congress Central Member.
प्रकाशित : आश्विन ९, २०८१ ०७:१४