3.

3 The Supreme Court role in the environmental protection and biodiversity

conservation

The Supreme Court played positive role in the environmental protection and biodiversity
conservation from its established. The decision taken by the honorable court are historical
from vary beginning. The Supreme Court always seems in the favor of sustainable
development and biodiversity conservation. Now a day the Supreme Court played very
positive role in the biodiversity conservation and sustainable use of natural resources.

The following are the leadings cases which proved Supreme Court played positive
role in the biodiversity conservation from very beginning,

1. Midev Upadhay Vs Buddhi Lal Guvaju 1

issue- use poison in Tinau River to catch the fish.

decision- because of found the guilty to use poison in river to kills the offenders were liable
for six month of imprisonments.

2. Singa Bir Vs. Man Bir2

issue- encroach and cultivate in forest land

decision- if permission is given to cultivate and encroach forest, it causes water shortage for
local people so maintain the forest area as it is , cultivation in forest is illegal.

3. Kirti Brahmhanda Joshi Vs. Nati Maharjen3

issue- to fill the pond in own land used by public and certified the map to construct house for
individual purpose

decision- the pond is used by local people in various religious and cultural purpose so it is
illegal to fill up such ponds although it is personal.
1
Decision by single bench of CJ Hari Prasad Pradhan in 2010\04\14.
2
Decesion by division bench CJ Hari Prasad Pradhan and J.Bhagawati Prasad Singh in 2010/4/20.
3
Decession by full bench of supremecourt in 2029\1\20.
 4. Juddha Bahadur Vs. Ambika Prasad DFO of Gulmi
issue- registration of forest land as a private land

decision- the lands seams to a forest land by the evidence (Sarjimini and other governmental
evidences) so the registration is illegal and the decision of DFO is write to maintain such land
as a forest land.

5. Surya Prasad Dhungel Vs Godawori Marble Industries 4

issue – environmental degradation because of the work of marble industry

decession- take appropriate measures to conserve the natural beauty and environment of
Godawari Area .

This is the land mark decision of the Supreme Court of Nepal in the case of
environmental conservation and biodiversity conservation. In this case the court focuses on
the doctrine of sustainable development first time in Nepal. Other major principles laid down
by this case are as fallows;

→ Public right as a guaranteed as fundamental rights,

→ Reorganization locus-standy of environmental institutions to bring environmental

issues in court, and

→ considering the devastating consequence cause of explosion,

Like this Court give order to government to implement the Mineral Act 2042 and
protection of the air, water, and ecology of the Godawari area.

6. Balkrishna Neupane Vs Prime Minister Girija Prasad Koirala5

issue.-Tanakapur treaty retification (2\3 majority required or not) and the petitioner has right
to file case or not in the case of use of public resources

4
NKP Golden Jubilee Special copy 2052 page 169.
5
NKP 2054 , page 77.
decision- the court fallow the principle of Godawari marvel case and accept locas-standi of
petitioner since there is use of natural resources and it directly hamper the ecology of that
area.

7. Yogi Narahari Nath Vs Prime minister Girija prasad Koirala6

issue- permission given for International Society for Medical College to established
Bharatput Medical College, so that that hamper the ecological condition of the religious
places. Environmental as well as socio-cultural issue.

Principle laid down by court

→ Environment is indispensable with human life so it should protected,

→ Cultural and religious rights should protected, and

→ it is the duty of the government the religious and cultural places .

So the decision of the Government to given land to established Medical College near the
Devghat area is against the Constitution , Ancient Monuments Act2013 and so on, that why
such decision has quashed.

8. Rajendra Parajuli Vs Shree Distillery Nawalparasi7

issue- emission of various unusual effluents or excrement from distillery so that cause of
environmental; degradation of local area and hamper the human health.

decision- permission and license required from concern authority does not meant that it is not
responsible towards the local people , and nature. It is unacceptable to run the industry
causing ecological dis-balance. So courts give order to take appropriate major for
environment protection and nature conservation.

9. Bharat Mani Gautam Vs. HMG Nepal8

6
NKP 2053, page 33.
7
Writ No.3259,2053,Decesion2054\7\12.
8
Writ No.354 of 2053, Decision, 2056\3\29
issue- pollution of bagamti and vishnumati river is against the cultural rights of the people
and causes environmental harm and losses of biodiversity.

decision- drain sewerage in both river causes environmental degradation of that area so that
directly affect the people because people has use such river for religious aspects also so Court
give order to install treatment plant in both river and control pollution of those rivers.

10. Lok Bikram Thapa Vs Council of Minister9

issue- public land registered in the name of Gokkhapatra saathan, without considering the
view of local people.

decision- court first time apply the "Public Trust Doctrine" and quashed the government
decision saying that public opinion and there agreement is essential for any activities. This
case is very landmark because it recognizes public opinion so government monopoly reduce.

9
Decision 2058\9\10