KATHMANDU, SEPTEMBER 27
The Supreme Court has ordered the government to demolish all buildings and structures built within 65 metres from the high flood point of Phewa Lake in Pokhara.
This was stated in the full texts of its verdicts delivered on the writ petition filed by Bal Krishna Bhandari and Advocate Khagendra Subedi against the Prime Minister's Office and the Council of Ministers, among others.
Stating that the Park Village Water Front Resort Pvt Ltd owned by tourism entrepreneur Karna Bahdur Shakya was built illegally, the apex court ordered the government to fully demolish the resort.
The court observed that the resort owner had illegally acquired permission to build the hotel on the banks of the Phewa lake on 9 September 2009.
The apex court said that Pokhara Valley City Development Committee in Kaski had made illegal recommendation for Shakya on the basis of which Sarangkot VDC issued the permission the same day to Shakya allowing him to build the structure.
The court said that swimming pool, water purifying tank, restroom near the swimming pool, garden truss, vehicle parking zone, main gate and the guard room all were within 65 metres from Phewa lake high flood point.
Stating that land plot no 173, 304, and 305 used by Shakya's resort were in fact barren public land, the apex court quashed the ownership of those land plots.
It said that the government should demolish all buildings of Park Village Water Front Resort for the sake of the longterm beauty and protection of the lake.
The apex court ordered the writ of mandamus to the government to remove all structures - private or government - built within 65 metres from Phewa high flood point and not to allow anybody to do any business in that area.
It also ordered the government to engage in plantation within the 65-metre area from Phewa lake high flood point.
Stating that Phewa lake was a sensitive public heritage in terms of nature, biodiversity and environment, the apex court said that such public places should remain for public purpose and no individual should be allowed to use such properties.
Park Village Water Front Resort Pvt Ltd had sought quashing of the writ arguing that the resort buildings were outside of 65-metre area from Phewa lake high flood point.
A division bench of Justice Kumar Regmi and Hari Prasad Phuyal had issued the writ of mandamus on June 19. The petitioner had filed the writ petition on 7 July 2011.
A version of this article appears in the print on September 28, 2023, of The Himalayan Times
