Nepal

Birgunj road expansion faces fresh legal hurdle

By Ram Sarraf

Birgunj road expansion. Photo: Ram Sarraf

Key Takeaways:

  • Interim order issued by Justice Nirmala Paudel Bhattarai halts expansion
  • Nepal Telecom petition challenges demolition affecting telecom infrastructure
  • Hearing scheduled for Sept 4, with show-cause notice to government agencies
  • Expansion drive has already removed 1,200 structures; project disputed for decades
BIRGUNJ, AUGUST 14 The expansion of Birgunj's main road has hit another legal hurdle after the High Court Janakpur's Birgunj bench ordered authorities to temporarily stop work following a writ petition filed by Nepal Telecom. A single bench of Justice Nirmala Paudel Bhattarai issued the short-term interim order, directing authorities not to carry out expansion in the areas mentioned in the petition until both sides are heard. The court has scheduled September 4 for a hearing on whether to continue the order and issued a show-cause notice to defendants, asking for written responses within 15 days. Nepal Telecom filed the petition against the District Administration Office, Parsa, and other agencies, seeking orders including prohibition, certiorari and mandamus. The court said the matter's sensitivity warranted hearing both parties before deciding whether the halt should continue. The order comes as the government has been carrying out a long-disputed expansion of the Tribhuvan Rajpath in Birgunj, maintaining a road corridor of 25 metres on either side of the centreline.

The expansion drive resumed after the Supreme Court dismissed five writ petitions related to the road. The Road Division Office, Hetauda, has been removing structures falling within the 25-metre boundary along the section from Sirsia-Miteri Bridge to Bahuari Gandak Chowk. Around 1,200 structures had their front portions removed in the first phase, with authorities subsequently moving towards a second phase of demolition. The road expansion has remained contentious for nearly two decades, with affected residents and business owners opposing the removal of structures and seeking alternative arrangements or a narrower road width. The latest legal challenge brings another issue into the expansion process-the management of telecommunications and other public-service infrastructure. Government agencies, including Nepal Telecom, electricity and water supply authorities, had previously been involved in discussions with Birgunj Metropolitan City over relocating or managing poles, pipelines and other infrastructure ahead of the expansion. The High Court's order, however, is not a final ruling in favour of Nepal Telecom. Whether the halt continues will depend on the September 4 hearing and subsequent decision.