Regarding the Preservation of the Building of the Ministry of Health of Unique Artwork

Writ NumberYear 1997 Writ Number 3110
Decision Date23 June, 2000.
Nepal Law ReviewYear 2000, Part 42, Month 4.
Decision Number6886.
Petitioner and RespondentMachchhendralal Kayastha on behalf of Society of Nepalese Architects Vs. Honorable Health Minister, His Majesty’s Government Ministry of Health and Others
SubjectRegarding the Preservation of the Building of the Ministry of Health of Unique Artwork
Court Order
Precedent established If construction work is necessary on a structure or building that is particularly distinguished or significant from the perspective of architecture and design, it is advisable to carry out such work in a manner that does not significantly alter the physical appearance of the existing structure. As described in this writ petition, the design of the mentioned building is not only unique but also appears to be a notable example from an architectural perspective. Therefore, the building could potentially be recognized as a national heritage asset. Since the building has been leaking during the monsoon, which has impeded office work, it was noted in the written response that a tin roof has been installed for the building’s protection and preservation. However, it is not unusual for a building to develop leaks over time due to rain. Even in such cases, it would be preferable to seek advice from relevant experts or architects to find suitable measures to stop the leakage without altering or compromising the building's original form or design. In a building with a simple design, making changes such as replacing the roof as needed is generally straightforward and less likely to provoke any significant reactions. However, if a building's design is unique and distinctive, making changes that could undermine or eliminate its original design can naturally be concerning to the architect who created it, their supporters, and anyone who takes pride in such exceptional architectural work as a national heritage. This is why the petitioners have submitted this writ petition, showing their public concern regarding the mentioned building. It does not appear that the petitioners have any right to claim otherwise. Additionally, any construction work on buildings with such specific significance must be carried out in a proper manner. This sensitivity regarding construction work related to particularly important buildings is also evident from the decision in Nepal Law Review 1998, No. 6391, page 312. Therefore, regarding the present writ petition, it would be appropriate to maintain the original design and form of the mentioned building as it was initially constructed, without altering its fundamental character. Necessary preservation actions should be carried out accordingly. Hence, a directive order will be issued to the Government under His Majesty the King to take effective necessary actions in accordance with Article 88(2) of the Constitution of Nepal, 1990.