Relating to Encroachment of RaniPokhari.

Writ NumberYear 2000 Writ Number 3179
Decision Date18 December, 2006.
Nepal Law ReviewYear 2006, Month 9.
Decision Number7759
Petitioner and RespondentAdvocate Prakash Mani Sharma and others Vs. Government of Nepal, Ministry of Local Development, Harihar Bhawan, Lalitpur and Others
SubjectRelating to Encroachment of RaniPokhari.
Court Order
Precedent established In disputes for resolution or the pursuit of justice, parties enter the court. In disputes brought before the court, hearings are conducted in open court where the statements of the parties and the evidence presented are evaluated, leading to decisions or orders by the court in accordance with the law. In the rule of law, it is essential that decisions or orders made by the court are promptly followed by all relevant parties. In disputes involving the government or government bodies, it is necessary for decisions or orders from the court to be implemented by the government or its agencies with diligence and responsibility. Such actions by the government or government bodies significantly strengthen the rule of law and greatly contribute to the actual establishment of the concept of a legal state.
The rapid urbanization, encroachment on public property, and environmental pollution are certainly a cause for concern as they lead to the destruction of ancient monuments and cultural heritage established in and around Rani Pokhari, or affect their form and authenticity.
A directive has been issued ordering the removal of encroachments and environmental pollution affecting historical, religious, cultural, and archaeological sites in the Rani Pokhari area within three months from the date of this order. The order also mandates the protection and maintenance of cleanliness in Rani Pokhari. This directive has been issued in the names of the Government of Nepal, Ministry of Local Development, Ministry of Culture, Tourism, and Civil Aviation, Department of Archaeology, and Kathmandu Metropolitan City.