Related to Ghat Heritage Destruction Due to Construction of UN Park

Writ NumberYear 1996 Writ Number 3017
Decision Date14 June, 1999.
Nepal Law ReviewYear 2000, Part 49, Month 9.
Decision Number6789
Petitioner and RespondentAdvocate Prakash Mani Sharma and others on behalf of Pro Public Vs. His Majesty’s Government, Secretariat Office of Council of Ministers and Others.
SubjectRelated to Ghat Heritage Destruction Due to Construction of UN Park












Court Order		In relation to the petition concerning the preservation of the Rani Pokhari area, and specifically regarding the writ of Certiorari and mandamus filed by petitioner Advocate Prakash Mani Sharma Vs. the late His Majesty’s Government and the Secretariat of the Council of Ministers, Nepal Law Review 1997 Decision No. 6391, Month October, Page 312 this court has established principles based on a previous case involving Yogi Narhari Nath and the Ministry of Education, Culture, and Social Welfare of the late His Majesty’s Government. In commemoration of the 50th anniversary of the United Nations and according to the decision of the late His Majesty’s Government Council of Ministers, the United Nations Park Development Committee has been formed and activities under this committee are ongoing in regards to the United Nations Park extending from Shankhamul to Tekudobhan. It has been deemed appropriate and necessary to issue an order of mandamus for the following actions to be carried out by the relevant authorities, which include protecting and preserving religious, cultural, and archaeological artifacts, as well as preventing unauthorized encroachments.

1. According to Section 9 of the Ancient Monuments Act, 1956, the government under His Majesty the King is responsible for protecting and preserving places of worship or temples of archaeological or historical significance. Any necessary measures to prevent misuse or damage must be carried out by the Ministry of Education and Culture and the Department of Archaeology.

2. According to Section 17(6)(b) of the Guthi Corporation Act, 1976, maintaining records of and preserving ancient artifacts and religious-cultural objects should be done through Guthi Corporation’s Central Office as specified in its duties.

3. According to Section 15(1)(m) of the Municipality Act, 1971, environmental conservation, as well as the protection of archaeological artifacts and culture should be done through the Kathmandu Metropolitan City as it specified under its duties.


4. According to Section 9(6) of the Local Administration Act, 1971, the Chief District Officer is responsible for maintaining records of public water sources, wells, ponds, paths, pavements, rest houses, temples, caves, and other similar structures within their district. It is the responsibility of Chief District Officer to carry out the necessary repairs if any of these structures are damaged or deteriorating, it is their duty to ensure that the owner, heirs, municipality, village development committee, or Guthi Corporation and it should be done through District Administration Office of Kathmandu.


5. The Government under His Majesty’s Government has established the Bagmati Area Drainage Construction and Improvement Plan Implementation and Monitoring Committee with the objective of improving and preserving the area. The committee is tasked with ensuring that the Bagmati River's pollution is addressed by scientifically processing and treating waste substances such as human excrement and providing for a Treatment Plant. Additionally, the committee must ensure that no actions are taken that would destroy the essence of ghat.


6. No activities should be undertaken in the name of maternity homes that could negatively impact public ghat area, temples, and river areas. Additionally, a directive has been issued in the name of His Majesty’s Government Secretariat of Council of Ministers, the Ministry of Housing and Physical Planning and respondents to remove pollution from the Bagmati River and promote and preserve a healthy environment with religious, cultural, and archaeological significance. His Majesty’s Government, through the Council of Ministers Secretariat, is instructed to send a written order to the United Nations Park Development Committee for the implementation of this directive. A copy of this order should also be sent to the respondents and His Majesty’s Government the Secretariat of Council of Ministers. (Para. 21)
Precedent established