In its second landmark mandamus order issued on Wednesday, the Supreme Court told the government to demolish all the structures – private or public – built within 65 metres of the high flood-point of the famous Phewa Lake in Pokhara. Usually, a single mandamus order would be sufficient for the government to take action. But the apex court had to issue the second mandamus order in the name of the government after a similar previous order was not implemented.

Failure to abide by the court order is akin to contempt of court punishable by law. Earlier, the Pokhara Metropolitan City (PMC) had decided to maintain only 30 metres from the lake's mean water level. The lake has been shrinking every year due to deposition of sediment from the Phurke Khola and encroachment by the locals in connivance with the local level officials. It may be recalled that the Supreme Court had ordered the government to maintain 65 metres from the lake's water level five years ago. But the PMC did not execute the apex court order.

The full text of the court's mandamus order has come in response to the writ petition filed by Bal Krishna Bhandari and advocate Khagendra Subedi against the PM's Office and Council of Ministers, among others.

The writ petitioners had stated that Park Village Water Front Resort Pvt. Ltd., owned by tourism entrepreneur Karna Shakya, was built illegally. While delivering the verdict on the issue, the court observed that the resort owner had illegally acquired permission to build the hotel on the banks of the Phewa Lake on September 9, 2009. The Pokhara Valley City Development Committee, Kaski was found to have made illegal recommendation to Shakya on the basis of which then Sarangkot VDC issued permission the same day to Shakya, allowing him to build the structure. The court maintained that the swimming pool, water purifying tank, restroom near the swimming pool, garden truss, vehicle parking zone, main gate and the guard room were all located within 65 metres of the Phewa Lake high flood point. The court has also ordered the government to demolish all other structures built even by the government agencies within 65 metres from the banks of the lake within six months of the date of the mandamus order.

The court has also ordered the government to pay compensation to those individuals who had got valid land registration before the land survey was conducted in 2032/33 B.S., paid regular land tax and to the land that lies outside the lake premises, which means the land lying outside 65 metres from the high flood point. Phewa Lake is an iconic water body of the Pokhara Valley. Hundreds of thousands of foreign and domestic tourists visit the Valley to enjoy the natural beauty of the lake and surrounding high mountains above 8,000 metres. A few decades ago, the lake spread over 19,000 hectares. Now, it has shrunk to less than 9,000 hectares due to human encroachment and deposit of heavy sediment from the surrounding hills and rivers. The world famous lake could vanish within decades if no drastic measures are taken to conserve it. Therefore, it is the duty of all to preserve the natural gift from being encroached upon by the city dwellers. The PMC has no option other than to abide by the apex court order.

Polluting vehicles

Air pollution is a perennial problem in Kathmandu, with the capital even rated as the most polluted city in the world on certain days. Pollution in Kathmandu is not caused by factory chimneys belching out stacks of smoke. It is largely a product of the hundreds of thousands of two and four wheelers plying the roads of the city, much beyond their carrying capacity.

Also, the pollution is caused by poorly-maintained vehicles. Since December 16 last year, the traffic police have been conducting random emission tests of vehicles, especially in the busiest traffic intersections, and majority of the vehicles have failed the test.

With the approach of winter, the air pollution tends to deteriorate even more due to the bowl shape of the valley. This traps the pollution, forming a thick layer of smog in the atmosphere, giving rise to respiratory diseases among the inhabitants, especially children and old people. The air pollution could be reduced drastically if fewer and only regularly-maintained vehicles were to run on the roads of Kathmandu. To maintain the right number of vehicles on the streets, the government should introduce laws that ban any number of vehicles from plying here.

A version of this article appears in the print on September 29, 2023, of The Himalayan Times