Kathmandu. KATHMANDU: The Supreme Court (SC) has dismissed a writ petition filed by the government demanding to stop the construction of hydropower projects in the national park area, demanding scrapping all the agreements and understandings reached with the government for the construction of the project.

KATHMANDU: The Supreme Court (SC) has dismissed a writ petition filed at the apex court challenging the construction of the 30-megawatt Langtang Khola Hydropower Project within the Langtang National Park. A joint bench of Justices Tek Prasad Dhungana and Shanti Singh Thapa dismissed the writ petition on November 19. Earlier, a division bench of Justices Kumar Regmi and Nahku Subedi had refused to issue an interim order in favour of the petitioner on June 7, 2022.

Multi Energy Development Pvt. Ltd. Ltd. The company had started the construction of Langtang Khola Hydropower Project since 2073 BS. Suppa Tamang and others had filed a writ petition at the Supreme Court on May 10, 2022 demanding a halt to the construction of the project.

A division bench of Justices Kumar Regmi and Nahku Subedi on June 8, 2022 refused to issue an interim order on the writ petition citing that the concerned bodies should not continue to issue an interim order as per the demand of the concerned body as per the required process of completion of the required process as per the law. The writ petition was dismissed on November 19 after the final hearing of the same writ.

Legal practitioners have said that in view of this decision of the Supreme Court, the construction of any hydropower project under construction in the national park cannot be stopped by fulfilling all the necessary procedures.

The Supreme Court has held that the construction and operation of hydropower projects in the park area can be operated as per the decision of this writ petition as the Supreme Court has summoned the respondents in the writ petition and after the arguments of all the parties, the plaintiff’s writ petition has been dismissed as per the final verdict of the Supreme Court. Executive member of Nepal (IPPAN) Bijay Mohan Bhattarai said.

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Bhattarai said that if the government tries to stop the construction of hydropower projects in the area after this decision, a case of contempt of court can be filed against any agency that has stopped the construction of hydropower projects.

A writ petition had been filed at the Supreme Court demanding annulment of the decision of the Government of Nepal (Council of Ministers) for the construction of hydropower projects in the Langtang project, the agreement of the Department of Finance, the permission of the Department of Electricity Development and the power purchase agreement of the Nepal Electricity Authority.

For the construction of physical infrastructure of Langtang River Hydropower Project in the Langtang National Park area, 6.5 million rupees will be constructed. 46 hectares, 94. 75 hectares permanently and 1. The government of Nepal (Council of Ministers) on June 9, 2016 had decided to grant permission to remove 71 hectares of land temporarily and 167 trees and saplings from the land.

The Ministry of Forest and Soil Conservation, the Department of National Parks and Wildlife Conservation, and Multi Energy Development Pvt Ltd have been working with the government to implement the decision. Ltd. The agreement was signed on July 26, 2016.

The writ petitioners have stated that a 10 MW hydropower project would be operated but it was later converted into a 20 MW project by the decision of the Ministry of Forest and Soil Conservation (Secretary level), the endangered wildlife within the national park is on the verge of extinction and the endangered species of plants and plants are on the verge of extinction. It was argued that the decision to grant permission to generate hydropower within the core area of the reserve was malicious, contrary to the strategy made by the government itself.

Grounds taken by the court in refusing to grant an interim order

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Learned Senior Advocate Dinesh Tripathi on behalf of the petitioner and Lokraj Parajuli, learned Joint Attorney appearing for the Office of the Attorney General on behalf of the Government of Nepal and the Office of the Prime Minister and Council of Ministers, and learned Advocate Shankar Kumar Niraula on behalf of the defendant Nepal Electricity Authority and Multi Energy Development Pvt. Ltd. Lee. Learned Senior Advocate Shambhu Thapa and learned Advocates Mr. Dinamani Pokharel, Mr. Ashish Adhikari, Mr. Yadav Prasad Dhungana and Mr. Maniraj Acharya argued on behalf of Mr. Naya Baneshwor.

The petitioner has sought the removal of 167 trees and plants from the Langtang Khola Hydroelectric Project within the Langtang National Park area and the defendants. Multi Energy Development Pvt. Ltd. Ltd. On the basis of the decision of the Government of Nepal on 2073/02/26 to give consent to the construction of the hydropower project within the national park area, the defendant Multi Energy Development Pvt. Ltd. Ltd. It was seen that the main demand was to annul the agreement signed on 2073/04/13 and also to issue an interim order not to proceed immediately as per the decision and agreement.

According to the documents attached with the documents, the Government of Nepal had decided on 2073/02 and 26 without consent for the construction of the said hydropower project. Ltd. The agreement appears to have been signed on 2073/04/13. The Detailed Environmental Impact Assessment (EIA) that was required to be carried out as per the law before the operation of the project and the permission to be obtained from the Department of Electricity Development, the Langtang National Park Office and other concerned bodies have obtained permission to operate the project and the progress report of the project has been submitted to the bench ।

Regarding the construction of the project. No. Since 2073 B.S., the concerned bodies have decided repeatedly on various issues and the construction of the project has been completed as per the law, and the petitioner has demanded to scrap the Work Policy on Construction and Operation of Indigenous Infrastructure within the National Park, 2065 BS and issue appropriate orders for the conservation of biodiversity and environment in the park and the area. There was no need to issue an interim order. As the issues raised in the petition are related to environmental protection, biodiversity and ecosystems, priority has been given as per Rule 73 of the Supreme Court Regulations-2074.