Supreme Court's Order Aims At Saving Valley Rivers

In a landmark decision, the Supreme Court of Nepal issued a directive order on December 19, 2023 aimed at the comprehensive protection and rehabilitation of the Kathmandu Valley's rivers, most notably the Bagmati and its tributaries. This ruling addresses the critical need to mitigate pollution and eliminate illegal encroachments, marking a significant step towards preserving these vital waterways and, in turn, the cultural and historical significance of the Kathmandu Valley.

The court's directive emphasises the need for municipalities in the Kathmandu Valley to halt the approval of new building plans that do not include proper wastewater treatment facilities. This initiative aims to stop the flow of untreated wastewater into natural water sources, thereby preventing further contamination. The directive also calls for a bolstered wastewater management system, requiring existing treatment centres to enhance their efficiency and mandating the 

establishment of new centres where necessary. This measure is vital for managing the increasing urban population and curbing the direct discharge of wastewater into rivers.

Strict assessments

Additionally, all unauthorised structures must undergo strict assessments to ensure compliance with environmental standards. Advocate Prakashmani Sharma and others, who have been actively advocating for the protection of these rivers, filed the petition that led to this significant ruling. The order calls for comprehensive pollution control measures for the Bagmati and its tributaries targeting all sources of pollution, including domestic, industrial, and hazardous waste. Immediate cessation of waste dumping into the rivers is mandated, along with enhanced coordination among municipalities and other agencies to address the issue promptly.

A notable aspect of the ruling is the focus on the relocation of residents (squatters) living along riverbanks. The court acknowledges the challenges faced by these communities and emphasises the need for proper housing solutions. Genuine squatters are to be relocated to government-provided housing, with monetary assistance offered to facilitate their transfer if relocation is not feasible. In the first phase, encroachments in flood-prone areas are to be removed, and riverbank protection work, including the construction of embankments and roads, is prioritised. The court underscores the importance of maintaining the natural flow of rivers and preserving floodplains, green areas, and recreational spaces from unauthorised use and encroachment.

The Supreme Court's order also highlights the significance of conserving ponds within the Kathmandu Valley to support the environmental management of river systems. Municipalities are tasked with the responsibility of protecting and maintaining these water bodies, with collaboration from institutions such as the military and police. To ensure effective pollution management, municipalities are required to appoint pollution inspectors who will conduct periodic inspections and report on pollution control measures. These reports will form the basis for regulatory actions under the Environment Protection Act and other relevant laws.

The ruling includes provisions for the utilisation of water from the Melamchi project to enhance river flow and mitigate the impact of floods. A portion of the treated water will be directed to the Bagmati and its tributaries, supporting ecological balance and improving water quality. In response to a prior petitions, the Supreme Court reiterates the need for scientific waste management in the Bagmati River floodplain, highlighting the dangers posed by improper waste disposal practices. The court's directive mandates the immediate implementation of these orders to ensure the protection of human health and the environment.

The Supreme Court's order mandates municipalities to halt the approval of new building plans likely to discharge wastewater into natural water sources until proper treatment facilities such as soak-pit and safety tank are established. Unauthorised structures must be assessed for environmental compliance, and wastewater management systems must be strengthened to prevent direct discharge into rivers. Comprehensive pollution control measures for the Bagmati and Sunkoshi rivers are required to address domestic, industrial, and hazardous waste, with an immediate cessation of waste dumping into rivers.

Enhanced coordination among municipalities and agencies is essential to address pollution promptly. The relocation of residents living along riverbanks is a priority, with genuine squatters to be identified and relocated to government-provided housing. Monetary assistance is to be offered for relocation if necessary. The delineation of river flow areas, boundary areas, and flood-prone areas must consider high flood levels and flood-prone areas of the Bagmati and Sunkoshi rivers, with no construction allowed within at least 20 meters from riverbanks until new delineations are established. Unauthorised structures within these areas are to be removed, and river floodplains, green areas, and recreational spaces are to be preserved from unauthorized use and encroachment.

Comprehensive waste management

Building plans within the Valley must include septic tanks and separate soak pits, with existing sewage treatment plants upgraded and new ones established. Comprehensive waste management must be effective, including the management of medical, electronic, industrial, and household wastes. Enhanced coordination among municipalities is required for long-term waste management strategies, with the immediate cessation of waste disposal along riverbanks.

Municipalities are tasked with conserving ponds within their jurisdiction, collaborating with public and military institutions to construct ponds and soak pits, enhancing groundwater recharge. Pollution inspectors must be appointed to monitor and report on pollution levels, forming the basis for regulatory actions under the Environment Protection Act and other relevant laws. A portion of water from the Melamchi Project will be stored in ponds throughout the valley, with the remaining water channelled into rivers and streams to improve flow and water quality.

Scientific standards for waste management in the Bagmati River floodplain are mandated to minimise environmental impacts. Immediate implementation of prior orders is required to ensure proper and safe waste management practices. Overall, the Supreme Court's decision serves as a powerful reminder of our collective responsibility to safeguard public health and the environment. It underscores that protecting our rivers is not merely a matter of legal compliance but a fundamental aspect of ensuring a better quality of life for all. The court's order calls for coordinated efforts and strong leadership to implement these measures effectively, setting a precedent for environmental conservation in Nepal.

(The author is a section officer at the Supreme Court of Nepal)