Pokhara Metropolis Issues Ultimatum to Remove Structures from Phirke Riverbank by June 9

Pokhara. Pokhara Metropolitan City has issued an ultimatum to remove all structures within the riverbank of the Phirke River by June 9. Issuing a further notice on Wednesday, the metropolis has ordered the riverbank to be vacated within the period of the previously issued 35-day notice.

Previously, the Metropolitan City had issued a 35-day notice on November 10, 2080 BS, but locals filed a case in the High Court. The work, which was halted by the court's interim order, did not proceed even after the order was lifted. Later, the court issued a final verdict stating that no writ of certiorari or mandamus was necessary.

After that, the metropolis is determined to complete the stalled work. On April 4, the metropolis issued another notice asking to remove structures built within the riverbank within 35 days. A similar notice has been issued again.

 “If the structures are not removed by the mentioned date, the Metropolitan City itself will remove them, and the costs incurred during the process will be recovered from the concerned person or organization as government arrears,” the notice states.

To ascertain the actual condition of the Phirke River, the metropolis had formed a technical committee under the convenorship of surveyor Basudev Poudel. The committee worked in the field from July 18 to August 17, 2080 BS, and conducted measurements based on the 1975 BS (1932 AD) survey map.

The Phirke River starts from Andherikuna in Ward No. 18 of Pokhara Metropolitan City and flows through Wards No. 2, 4, 5, 7, 8, 6, and finally merges into the Phewa Lake at GaiGhat in Ward No. 17. During the measurement, the report indicated that the Phirke River is between a minimum of 3.30 meters and a maximum of 40 meters wide, and 4 meters to 9 meters deep.

To demarcate the actual boundaries of the river, the technical team also erected a total of 588 boundary pillars, 303 on the west bank and 285 on the east bank.

Twenty-five bridges and culverts have been constructed over the river. 160 structures have been illegally constructed on the actual land where the river flows. Some structures are built entirely within the riverbank, while others have their pillars embedded in the river.

According to the committee's report, there are 97 temporary private structures within the riverbank. The remaining are permanent structures. Among these, there are 35 private, institutional, and 18 government structures. An additional 10 temporary institutional structures have also been found to be constructed. Government bodies responsible for enforcing regulations and leading social organizations are at the forefront of encroachment.

According to the report, the Armed Police Force (APF) training center building at GaiGhat in Ward No. 17 is located within the riverbank. Similarly, Pokhara Engineering College has built almost half of its structures encroaching on the river, and the Little Step Boarding School building is also erected in the river.

In addition, dozens of structures including Kunwar Samaj Ghar, Baral Samaj Ghar, Sopal Tamu Samaj Ghar, Pun Magar Samaj, Giri Samaj Ghar, Lions Club building, Kriyaputri Bhawan in Bagaletol and Archhalbot, Photographer Association building, Radhakrishna Temple, etc., have been built in the river.

After receiving the report, Pokhara Metropolitan City issued a notice on November 10, 2080 BS, directing the removal of permanent and temporary structures falling within the Phirke riverbank within 35 days. However, 13 petitioners, including the Phirke Tamu Samaj, approached the court stating that they had built structures after obtaining map approval, and on November 24, the High Court Pokhara issued a short-term interim order, halting the metropolis's campaign.

On January 1, 2081 BS, a joint bench of judges Milan Kumar Rai and Umesh Koirala dismissed the writ, fully clearing the legal path for the metropolis. Mayor Dhanraj Acharya says,