Kathmandu Metropolitan City has clarified that there is no restriction on issuing building permits on private land located on both sides of rivers and streams within the metropolitan area.
According to a public notice issued by the metropolitan city, based on a recent order of the Supreme Court in writ petition No. 067-0-1002, in which Kathmandu Metropolitan City itself was a respondent, the earlier restriction imposed by including an additional 20-meter zone along riverbanks is no longer applicable.
Previously, following a high-level decision dated Shrawan 24, 2051 (BS), and a Cabinet decision dated 2065/08/01 (BS), building permits were denied and construction activities were halted within an additional 20 meters beyond the standards set by the Cabinet.
However, a joint bench of the Supreme Court, through its order dated 2082/10/04 (BS), ruled that the provision was inconsistent with law and justice and partially overturned the earlier decision. The Court clearly stated that, in the case of the Bagmati River and its tributaries, no additional 20-meter boundary beyond the standards set by the Cabinet can be enforced.
The Court also stated that if any structures have already been built within the previously added distance, land acquisition for ensuring smooth river flow can only be carried out in accordance with the law and with the provision of compensation.
Based on the Supreme Court’s order, Kathmandu Metropolitan City has stated that there is no legal obstacle to proceeding under the standards determined by the Cabinet on 2065/08/01 (BS). Accordingly, it has clarified that building permits on private land will not be withheld and that no restrictions will be imposed on structures currently under construction.
The metropolitan city has issued this public notice to inform all concerned stakeholders of the matter.
About the Author
