Kathmandu – The issues of environment have become more worrisome due to the climate change, increasing pollution, haphazard and unplanned construction and deforestation.
According to World Health Organization (WHO), more than 35,000 people die every year in Nepal as a consequence of air pollution and the country has to suffer a loss of Rs 280 billion directly and indirectly due to pollution.
The government, however, doesn’t seem serious about controlling pollution instead it has been focusing on advancing development projects by destroying forests.
Disregarding the elephant corridor and the other wild animals of Parsa National Prak, the government is building an international airport at Nijgadh by acquiring 7,896 hectares of forest area.
It is obviously a pride moment to have an international airport in the country which is developing as a tourist destination in the world.
The government, however, has no plans to combat the impacts that will have on environment and bio-diversity after the construction of airport by destroying the forest.
The projects like Postal Highway and East-West Railway line have been taken ahead through the country’s oldest Chitwan National Park (CNP).
The Supreme Court, however, on February 13, 2019 had issued a mandamus order directing the government to halt any kind of road construction work without conducting environmental impact assessment, and taking consent from the national park and UNESCO.
Likewise, the Pashupati Area Development Trust (PADT) is carrying out construction works in the Sleshmantak forest by using concrete which is against the law related to heritage conservation and international provision.
The 17 objectives that are included in the United Nations Sustainable Development Goals (SDGs) that came into implementation from 2016 are safe drinking water, renewable and purchasable energy and sustainable cities and communities among others. These goals have to be achieved by all UN member states by 2030.
The development projects should be implemented by carrying out Environmental Impact Assessment to achieve the Sustainable Development Goals. But it is unfortunate that this has not been done.
The 10-km Kalanki-Koteshwor (Chakrapath) road section has been expanded without carrying out Environmental Impact Assessment. Though the government is planning to expand the remaining route of the Chakrapath, the process to carry out Environmental Impact Assessment has not been initiated yet.
The 69-km Motihari-Raxual-Amlekhgunj oil pipeline project was taken ahead without carrying out Environmental Impact Assessment.
Recently, the Environmental Impact Assessment has been approved to cut down 88,000 trees of the Parsa National Park and buffer zone which has kept the pollution control in shadow.
Lumbini, the birthplace of Lord Buddha, and one of the four World Heritage Sites of the country, is bearing the brunt of pollution. But the Department of Environment (DoE) is unaware about it.
Piles of decaying garbage littered on the streets of Kathmandu always spread an obnoxious stink for months during the monsoon season. Rivers in the Kathmandu Valley, including the Bagmati river, have fallen prey to encroachment.
Earlier in May, the government while unveiling the budget for fiscal year 2019/20 had said that it will start a special campaign to control pollution in the Kathmandu Valley and to make Bagmati, Rudramati and Bishnumati garbage free.
Bagmati’s water, which had almost stopped flowing, has now started flowing again, thanks to the Bagmati Clean-Up campaign, which was started five years ago. The campaign was spearheaded by then-chief secretary Leela Mani Paudyal. But people have not stopped dumping the waste into the river.
The Supreme Court on June 19, 2018 had issued a mandamus order directing the government to present three action plans to protect Bagmati River. The order had brought some hope among the people.
A joint bench of Justices Ananda Mohan Bhattarai and Sapana Pradhan Malla had issued the order directing the Office of Prime Minister and Council of Ministers (OPMCM) to present the action plan within six months. The final hearing on the writ filed by senior advocate Prakash Mani Sharma is yet to be conducted.
The Supreme Court on January 14, 2018 had issued a mandamus order directing to adopt 13 options to minimise the pollution.
Though a meeting was held with the mayors of Kathmandu to control the pollution of Kathmandu at the Ministry of Home Affairs following the unveiling of full report of the mandamus order in September 2018, the concrete action plan has not been prepared yet.
Although the Valley Municipal Forum on October 30, 2018 had expressed a nine-point commitment to control the pollution, the fate of action plan still remains uncertain.
Forum Chairman Bidya Sundar Shakya, who is also the Mayor of Kathmandu Metropolitan City, said, “We will move ahead by formulating the action plan soon. The issue which cannot be done by the local level will be recommended to the province and federal government.”
Advocate Padam Bahadur Shrestha, in a writ filed on January 23, 2017, had demanded the government control the pollution at the earliest, claiming that the dust blown due to various projects including road construction and installation of pipeline for Melamchi Water Supply Project have posed serious risks to the public health.
“It is unfortunate that the order of the court has not been implemented yet,” he said.
Earlier on April 29, 2018, the Supreme Court had issued an order directing the government to demolish the structures constructed by encroaching the Phewa Lake in Pokhara. Seven months after issuing the order, the apex court issued a mandamus order directing the government to remove the structures built along 65 metres from the banks of Phewa Lake within six months.
Following the mandamus order by Justices Om Prakash Mishra and Sapana Malla Pradhan, the Gandaki Province has started removing the structures constructed by encroaching the Phewa Lake.
Minister for Industry, Tourism, Forest and Environment Bikash Lamsal, who is also the coordinator of the committee formed by the Supreme Court to conserve the Phewa Lake, said, “We have asked the survey and land revenue offices to provide the old cadastral maps of Phewa Lake.
A full bench of then Chief Justice Om Prakash Mishra and Justice Tej Bahadur KC on December 25, 2018 had issued the order to formulate a new law related to climate change and implement it.
Forest and Environment Ministry’s Climate Change Division Chief Dr Maheshwor Dhakal said that the process to formulate a new law to minimise climate change is underway. It will be formulated soon.
Recently, the Supreme Court had stayed the government’s plan to construct Postal Highway, East-West railway, Dumbibas-Tribeni, Madi-Balmiki and Thori-Malekhu road sections through the Chitwan National Park.
A bench of Justices Ananda Mohan Bhattarai and Tej Bahadur KC on February 13, 2019 had directed the government to not carry out works related to road through Chitwan National Park and World Heritage sites until the environment impact assessment gives the consent.
Advocate Ram Chandra Simkhada, who had filed the writ, said, “The court has dismissed the report of environment impact assessment prepared without the consent of national park, concerned authority and UNESCO. Now, no one should think about constructing the road by destroying the national park.”
Simkhada along with others on January 9, 2012 had filed a writ demanding that the government halt the construction of Thori-Madi-Bharatpur section along the Postal Highway arguing that the construction will destroy the national park. The Office of Prime Minister and Council of Ministers was made defendant in the case. “We cannot do anything in the name of development. We have to think about long term development,” Simkhada said.
Earlier on January 30, 2019, the Supreme Court had issued an interim order directing the government to not use concrete while carrying out construction works at the Sleshmantak Forest on the premises of Pashupatinath Temple.
