The Supreme Court has directed the government to clear the settlements along the banks of the Bagmati River and its tributaries after ensuring alternative residential arrangements for genuine squatters.

A division bench of justices Ananda Mohan Bhattarai and Binod Sharma has said nobody has the right to occupy public land. However, according to the verdict, those residing on the riverbanks, because of various compulsions, must be relocated to the government-built apartments at Ichangu Narayan on the western rim of Kathmandu and other locations if those facilities are not enough.

“Those unwilling to reside in the property allotted to them must be removed from the encroached areas, and they should get necessary funds to shift to other places by respecting their rights to housing enshrined in Article 37 (1) of the Constitution of Nepal,” reads one of the points in the verdict. Every citizen in Nepal has a constitutional right to appropriate housing.

As many as 230 housing units were built in the Ichangu Narayan area by the former Baburam Bhattarai-led government to house squatters from the Bagmati corridor. Between 2010 and 2012, the Department of Urban Development and Building Construction purchased over eight ropani (0.4 hectares) of land in the area, which falls in ward 2 of Nargarjun Municipality.

Though the construction that began in July 2012 was completed in September 2014, the squatters refused to relocate citing accessibility issues, saying Ichangu Narayan was too far from the city centre.

Currently, the apartment blocks are partially used by the Manav Sewa Ashram, a non-profit that provides shelter for the homeless, and by a police unit.

The court verdict states, “The properties should be used for the purpose for which they were constructed.”

Different attempts were made at different times to clear the encroached river banks in the Kathmandu Valley. Every time, such attempts failed because the initiatives were taken without proper homework, while there was strong resistance from squatters. Last time, it was the Kathmandu Metropolitan City which had made such an attempt, but it was met with fierce opposition and criticism.

However, passing a verdict on the writ petition filed by senior advocate Prakash Mani Sharma and his colleagues, the top court has paved the way for removing the illegal riverbank settlements, but with alternatives for relocation. Sharma had filed a petition seeking the court’s intervention in protecting the Bagmati River and its tributaries.

The Bhattarai-led bench has also asked the government and subordinate authorities to identify genuine landless squatters and make plans to clear encroached areas. The top court has emphasised that, except for parks and playgrounds, no government or public infrastructure can be allowed within 20 metres on both sides of rivers.

The full text of the verdict issued on December 19, 2023, was made public on Monday evening.

“Though some efforts have been made towards the conservation of the Bagmati and its tributaries, the results are not satisfactory,” reads the verdict citing various reports that show high levels of pollution in the rivers. The division bench has also asked law enforcement agencies to implement the Environment Protection Act, which has several provisions for tackling river pollution.

Besides ordering squatter relocation, the court has directed the authorities to construct reservoirs at the headwaters of the Bishnumati, Tukucha, and Dhobikhola rivers, just like in the Bagmati, and also set up sewerage treatment plants where necessary.

The court ruling has made it mandatory for houses to construct a septic tank along with a soak pit for rainwater harvesting that supports recharging groundwater. “Don’t approve house design without septic tank and soak pit,” the verdict directs all the local units within Kathmandu Valley.

It has also asked the High Powered Committee for Integrated Development of the Bagmati Civilisation to create a mechanism comprising the chiefs of all local units in the Kathmandu Valley for a coordinated effort towards river conservation.

“Appoint pollution inspectors to monitor the activities that pollute rivers and take actions based on their reports,” the division bench has said.