Concerns Mount Over Phewa Lake Boundary Enforcement and Compensation

Pokhara. Many have expressed concern and interest regarding landowners who obtained land ownership certificates after surveying their land even before the Phewa Lake standards were implemented.

Following the use of bulldozers during the implementation of the standards on Saturday, affected landowners and civil society have drawn the government's attention to the issue of compensation. They have demanded answers from the government regarding landowners who have been using the land and paying taxes since the beginning, as well as the structures built on that land. Currently, many are asking: when were the standards for Phewa Lake first implemented?

According to the Supreme Court's mandamus, the first standards for Phewa Lake were implemented in 2030 BS. At that time, a prohibited area was designated where no construction work could be carried out up to 200 feet (approximately 61 meters) from the lake shore. According to the Town Development Implementation Act of 2029 BS, the Cabinet meeting held on 2030 Mangsir 15 established a rule of complete prohibition up to 200 feet, and allowed only one-story buildings outside that limit according to specified standards.

The 65-meter standard was only established in 2064 BS. The Kaski District Council meeting on 2064 Ashar 15 and the Pokhara Valley Town Development Committee meeting on 2064 Shrawan 28 passed a rule that the land up to 65 meters from the high flood level of Phewa Lake would be considered a buffer zone, and no physical structures could be built there. The lake standards appear to have been regulated by the gazette published on 2030 Mangsir 17 and the decision made in 2064 BS.

On 2075 Shrawan 28, the Supreme Court issued its first detailed mandamus to the government to remove all structures within 65 meters within six months and to stop new construction. After the Government of Nepal declared Phewa Lake a protected watershed area on 2077 Falgun 17, the establishment of industries, businesses, or settlements within this area was legally completely prohibited. Following the court's order, the federal government formed a demarcation committee under the coordination of the then District Development Committee Chairman, Punya Prasad Paudel.

The committee submitted a report with the four boundaries to the government after a long study. However, as the court's order was not implemented, a contempt of court case was filed again. In 2080 Ashar, the Supreme Court issued another mandamus ordering the removal of structures within 65 meters within six months. That order has not been implemented yet. The provincial and local governments are installing poles along the lake shore and identifying affected land, stating that the federal government must make a decision regarding compensation.

The court's mandamus includes a separate order regarding the Waterfront Resort. Although the resort claims to have received construction permission in 2066 BS, the court has declared it illegal. The order states, 'Given that the 65-meter standard was already in effect in 2064 BS, the recommendation and approval given in haste in 2066 BS are not in accordance with the law.'