Supreme Court Orders Compensation for Damages from Public Structures

Kathmandu. The Supreme Court has ordered compensation for damages incurred by individuals due to disorganized sidewalks, drains, and public structures.

The full text of the verdict, made by a joint bench of Justices Hari Prasad Fuyaal and Nripa Dhwaj Niroula on Mangsir 17, 2081, recently made public, states that compensation should be provided if individuals suffer damages due to public structures.

The writ petition filed by advocate Sudhigya Pant, naming the Ministry of Home Affairs, Ministry of Physical Infrastructure and Transport, Ministry of Urban Development, and Kathmandu Metropolitan City as respondents, demanded a system for compensation (implementation of tort law) for losses suffered by citizens due to public structures and negligence in their management.

The full text states, “In the case of police posts being established on sidewalks, the respondent Ministry of Home Affairs, and if any other encroachment on sidewalks is done by bodies under its purview, the respondent Government of Nepal, Ministry of Home Affairs, Ministry of Physical Infrastructure and Transport, Ministry of Urban Development, and Kathmandu Metropolitan City shall issue necessary directives and remove such encroachments.”

Similarly, the court has directed the Kathmandu Metropolitan City to remove encroachments on sidewalks by private individuals, companies, and non-governmental organizations by constructing platforms, stairs, or other structures, or by placing construction materials.

“The Ministry shall issue a public notice specifying an appropriate time for removing encroachments on sidewalks in coordination with each other and issue directives,” the full text states, “If the encroachments on sidewalks are not removed as per the notice, necessary and appropriate steps shall be taken to coordinate and take action to remove such encroachments.”

The court has also directed all relevant federal units and subordinate bodies to provide necessary directives and take all actions to oversee and maintain sidewalks within their jurisdiction that have been damaged and have open drains, thereby minimizing and preventing situations where someone might lose their life or property by falling into a drain.

Furthermore, the court has stated that if there is any ambiguity in the area of responsibility regarding the removal of encroachments on sidewalks and sidewalk management, coordination should be done on the basis of cooperation, coexistence, and mutual assistance.