Kathmandu, April 29

The Supreme Court today ordered the government to annul illegal registration of Phewa Lake land as stated in the Bishwa Prakash Lamichhane-led commission’s report.

A division bench of justices Om Prakash Mishra and Sapana Pradhan Malla issued the order in response to a writ petition filed by Advocate Khagendra Subedi and others. Assistant Spokesperson Nagendra Kalakheti said the bench ordered the government to implement the recommendations made in schedules 1, 2, 3, 4 and 5 of the Lamichhane Commission.

The apex court is yet to prepare the full text of the verdict. Subedi said the commission formed by the erstwhile Baburam Bhattarai-led government had reported that registration of 3,341 ropanis around the lake was illegal and the same should be annulled.

A member of the Lamichhane Commission told THT that the commission had basically made two recommendations, telling the   government to annul the registration of certain land plots without paying any compensation to the owners and acquire some more land needed to protect the lake after paying compensation to the owners. The member said the commission had recommended annulment of ownership of 672 plots and acquisition of 354 plots of land by providing compensation to the owners.

The Lamichhane Commission stated in its report that the government should enforce guided land use plan for 842 plots of land around Phewa Lake which the individuals had legally owned.

“This means that the government will have to tell these owners that they could continue to own their land plots but for cultivation purposes and not for construction purposes,” the member added.

He said land around Phewa Lake was encroached in 1978-79 with the connivance of some government officials.

Subedi said in 1959 Indian surveyors carried out aerial survey and field verification and submitted a report to the government, stating that 20,000 hectares land was covered by Phewa Lake. But currently, only 8,000 hectares were covered by Phewa Lake. He said details engraved in stone erected near Phewa lake in 1961 stated that the catchment area of Phewa lake was 45 square miles (226,451 ropanis) but the catchment area of the lake was later encroached by individuals.

Responding to a petition filed by Advocate Bhagwati Pahari and others against the government, SC ordered cancellation of Manakamana Darshan Pvt Ltd’s plan to operate cable car service from Basundhara Park near Phewa Lake to Shanti Stupa - a distance of 1,270 metres - through Raniban. Pahari said operation of the cable car service would have necessitated felling of trees in the protected forest with endangered flora and fauna.

Acting on another petition filed by Subedi against Hotel Park Village, the SC ordered a probe into whether or not the resort was within 65 metres from the banks of Phewa Lake.