Advocate Bhagawati Pahari v. Office of the Prime Minister and Council of Ministers
June 19, 2025
min read
Details of the case
Order Date: 2075/01/16 B.S. (April 29, 2018 A.D.)
Writ No: 071-WO-1034
Decision No.:10087
Subject: Certiorari / Mandamus
Petitioner: Advocate Bhagawati Pahari, resident of Ward No. 6, Pokhara Sub-Metropolitan City, Kaski District
Respondent: Office of the Prime Minister and Council of Ministers, Singha Durbar, Kathmandu
Decision: Supreme Court, Joint Bench
Honorable Justice Mr. Om Prakash Mishra
Honorable Justice Ms. Sapana Pradhan Malla
Facts of the case
The writ challenges the proposed construction of a cable car from Basundhara Park to the World Peace Stupa in Pokhara, initiated under a 20-year agreement between the Ministry of Physical Infrastructure and Transport, Manakamana Darshan Pvt. Ltd., JV Doppelmayr Seilbahnen Austria, and Chitwan CoE Nepal (Pvt.) Ltd.
Basundhara Park and Raniban land was acquired in 2038 B.S. from private owners for Fewa Lake conservation and tourism as a green zone. Compensation of Rs. 4,340,000 was allocated for the land between Firkhe Khola and Hima Griha. The Pokhara Valley Urban Development Committee confirmed the acquisition for lake conservation, with Basundhara Park west and Komagane Park east of the dividing road. Raniban, now in Ward No. 25 of Pokhara, was acquired for park and forest development. The Pokhara Valley Urban Development Committee states that Basundhara Park covers 108 ropani, with 8 ropani allocated for a cable car station based on a 2071/12/17 B.S. agreement with Manakamana Darshan Pvt. Ltd.
The petitioner argues that:
Precedent Established
The Fewa Lake cable car case challenges a proposed cable car project from Basundhara Park to the World Peace Stupa in Pokhara, initiated under a 20-year agreement with Manakamana Darshan Pvt. Ltd. and other private entities. The land for Basundhara Park and Raniban, acquired in 2038 B.S. (1981) for Fewa Lake conservation and biodiversity, was intended as a green zone, with Rs. 4,340,000 compensation paid. The petition, led by Advocate Bhagwati Pahari, argues that the project violates environmental standards (e.g., the 65-meter lake buffer zone), Fewa Lake Protection Guidelines (2051 B.S.), and international commitments like the Ramsar Convention (1988) and Convention on Biological Diversity (1994), risking deforestation, shoreline erosion, and loss of biodiversity, including CITES-listed orchids, while threatening Fewa Lake’s UNESCO World Heritage candidacy.
The Supreme Court ruled to quash the 2069 B.S. approval and 2071 B.S. MoU via a writ of certiorari, citing violations of constitutional rights to a clean environment (Article 30) and religious freedom (Article 26), the Forest Act (2049 B.S.), and the Land Acquisition Act (2034 B.S.). The court deemed the project a Colorable Exercise of Power, as it diverts public land for private profit, contradicting its conservation purpose. A writ of mandamus ordered no construction in Basundhara Park or Raniban, protection of Tal Barahi Temple’s sanctity, and steps toward UNESCO listing, reinforcing the state’s parens patriae duty to protect natural heritage. The decision sets precedents against misusing public land and links environmental protection to the right to life.
While the ruling strengthens Nepal’s environmental jurisprudence and prioritizes sustainable tourism, it overlooks potential economic benefits like tourism revenue and lacks clear implementation mechanisms for the mandamus orders. The absence of alternative solutions, such as eco-friendly project designs, limits a balanced approach. Systemic issues, like poor inter-agency coordination, remain unaddressed, risking enforcement challenges. Nonetheless, the decision empowers local advocacy and safeguards Fewa Lake’s ecological and cultural value, though effective follow-through and stakeholder inclusion are critical to ensure long-term conservation and support Pokhara’s tourism economy.
Order Date: 2075/01/16 B.S. (April 29, 2018 A.D.)
Writ No: 071-WO-1034
Decision No.:10087
Subject: Certiorari / Mandamus
Petitioner: Advocate Bhagawati Pahari, resident of Ward No. 6, Pokhara Sub-Metropolitan City, Kaski District
Respondent: Office of the Prime Minister and Council of Ministers, Singha Durbar, Kathmandu
Decision: Supreme Court, Joint Bench
Honorable Justice Mr. Om Prakash Mishra
Honorable Justice Ms. Sapana Pradhan Malla
Facts of the case
The writ challenges the proposed construction of a cable car from Basundhara Park to the World Peace Stupa in Pokhara, initiated under a 20-year agreement between the Ministry of Physical Infrastructure and Transport, Manakamana Darshan Pvt. Ltd., JV Doppelmayr Seilbahnen Austria, and Chitwan CoE Nepal (Pvt.) Ltd.
Basundhara Park and Raniban land was acquired in 2038 B.S. from private owners for Fewa Lake conservation and tourism as a green zone. Compensation of Rs. 4,340,000 was allocated for the land between Firkhe Khola and Hima Griha. The Pokhara Valley Urban Development Committee confirmed the acquisition for lake conservation, with Basundhara Park west and Komagane Park east of the dividing road. Raniban, now in Ward No. 25 of Pokhara, was acquired for park and forest development. The Pokhara Valley Urban Development Committee states that Basundhara Park covers 108 ropani, with 8 ropani allocated for a cable car station based on a 2071/12/17 B.S. agreement with Manakamana Darshan Pvt. Ltd.
The petitioner argues that:
- Basundhara Park was legally acquired to develop a Greenbelt Park for the conservation of Fewa Lake, not for commercial use.
- The cable car and related structures violate environmental standards, especially the rule prohibiting construction within 65 meters of Fewa Lake's shoreline.
- Fewa Lake Protection Guidelines, 2051 (1994), state that the land must be used only for the purpose for which it was acquired
- The project also threatens Raniban, a protected forest with rare biodiversity, including CITES-listed orchids and the rare flora could be destroyed due to the transport and use of construction materials like sand, gravel, cement, and iron.
- The construction risks deforestation, pollution, shoreline erosion, siltation, and loss of Fewa Lake’s ecological and aesthetic value, threatening its international tourism significance and biodiversity and long-term damage to Fewa Lake, a site considered for UNESCO World Heritage listing.
- The government and responsible agencies have ignored public objections and prior legal commitments for conservation.
- What kind of impact might result from constructing the bottom station of the cable car at Basundhara Park and extending it through Raniban to the World Peace Stupa?
- If land acquired by the government for a specific purpose is still being used for that intended purpose, can such land be repurposed for another use or not?
- Should the decision made by the Pokhara Valley Urban Development Committee on 2069/03/27 (B.S.) to grant in-principle approval to the Ministry of Physical Infrastructure and Transport, and the Memorandum of Understanding dated 2071/12/17 (B.S.) between the Ministry and Manakamana Darshan Pvt. Ltd. for the Detailed Project Report of the Pokhara Cable Car, be invalidated or not?
- Should an order be issued in favor of the petitioner as per the demand made in the writ petition or not?
- The cable car will span from Basundhara Park through Raniban to the World Peace Pagoda, requiring tree cutting that threatens endangered bird habitats and wetland ecosystems vital for biodiversity. Nepal, a party to the Ramsar Convention (1988) and the Convention on Biological Diversity (1994), is obligated to protect wetlands and biodiversity. Constructing the cable car violates these commitments and the Forest Act, 2049, as Raniban, declared a World Peace Biodiversity Park in 2068 B.S., is a protected national forest where such construction is prohibited. Deforestation risks soil erosion, lake sedimentation, and biodiversity loss, contradicting Nepal’s environmental conservation policies and Pokhara’s identity as a high-rainfall region.
- The land for Basundhara Park and Raniban was acquired by the Government of Nepal under Eminent Domain for Fewa Lake conservation and biodiversity, with fair compensation required as per constitutional provisions (Interim Constitution 2007, Article 19(2); current Constitution, Article 25). Land acquired for public interest can be repurposed for another public use (Constitution, Article 25(5); Land Acquisition Act 1977, Section 33), but if unused, it must be returned to the original owner (Section 34(1)). However, an agreement with Manakamana Darshan Pvt. Ltd., a profit-driven private company, to build a cable car station in Basundhara Park contradicts the original public purpose, as profits benefit the company, not the public. This misuse of state authority for private gain is a Colorable Exercise of Power, violating Nepal’s legal framework and international biodiversity commitments, and threatens the park’s environmental purpose.
- The decision made by the Pokhara Valley Urban Development Committee on 2069/03/27 B.S. to grant in-principle approval to the Ministry of Physical Infrastructure and Transport, and the Memorandum of Understanding dated 2071/12/17 B.S. between the Ministry and Manakamana Darshan Pvt. Ltd. for the Detailed Project Report of the Pokhara Cable Car, should be invalidated. This is because the proposed cable car project poses significant threats to constitutional, environmental, legal, and cultural interests. Firstly, it violates Articles 30 and 26 of the Constitution of Nepal, which guarantee the right to live in a clean and healthy environment and the right to religious freedom, respectively.
- The construction of the cable car from Basundhara Park to the World Peace Stupa would not only obstruct the scenic natural reflection of Machhapuchhre in Fewa Lake—a vital tourist attraction—but also disturb the sanctity of the Tal Barahi Temple, causing harm to the religious sentiments of Hindu devotees. Secondly, the project would severely impact the environment and biodiversity of the area. Basundhara Park and Raniban are ecologically sensitive zones, hosting rare species of birds, butterflies, and plants. Their disruption would breach the Forest Act, 2049 B.S., which only permits forest use for national priority projects as a last resort and without major environmental damage. The Pokhara Cable Car is neither a government project nor has it demonstrated a lack of alternative routes. Thirdly, the project contradicts Sections 33 and 34 of the Land Acquisition Act, 2034 B.S., and Nepal’s international environmental commitments. The land for Basundhara Park and Raniban was acquired for specific purposes, such as green belts and biodiversity gardens, and repurposing it would violate its intended conservation function. Furthermore, the construction and operation of the cable car would degrade the aesthetic, cultural, and touristic value of Fewa Lake, which should instead be preserved and promoted as a potential UNESCO World Heritage Site.
- Therefore, the agreement and the initial approval should be invalidated through a writ of certiorari, as the project infringes upon constitutional provisions, environmental laws, and public interest obligations, including the state’s responsibility under the doctrine of parens patriae to protect natural heritage for present and future generations. Government of Nepal has the responsibility to protect and preserve Fewa Lake, which holds multidimensional significance, for future generation. A writ of mandamus is issued in the name of the concerned authorities to undertake the following measures for the conservation of Fewa Lake, its environment, and biodiversity:
Precedent Established
- Although the concept of Eminent Domain and the existing legal framework in our country allow the state to acquire private property of an individual for public interest by providing appropriate compensation, if public property is used for the personal interest of a private company or individual by misusing the power of the state, such action shall be considered a Colorable Exercise of Power (i.e., a fraudulent or disguised use of authority).
- The fundamental rights guaranteed by the Constitution are not included merely to make the Constitution appear good, but rather to protect the interests of the citizens. Therefore, it is the responsibility of the State to create an environment where citizens can easily exercise these rights.
- Living in a polluted environment inevitably affects an individual's health adversely; hence, the right to live in a pollution-free environment is intrinsically linked with the right to life. In order to guarantee this right, the environment must be clean, and for a clean environment, forests, lakes, ponds, rivers, clean air and water, and ecological balance are essential. Therefore, their conservation becomes necessary.
- As a protector of public interest and under the doctrine of Parens Patriae, the State undeniably bears the responsibility to protect the rights and interests of the general public.
The Fewa Lake cable car case challenges a proposed cable car project from Basundhara Park to the World Peace Stupa in Pokhara, initiated under a 20-year agreement with Manakamana Darshan Pvt. Ltd. and other private entities. The land for Basundhara Park and Raniban, acquired in 2038 B.S. (1981) for Fewa Lake conservation and biodiversity, was intended as a green zone, with Rs. 4,340,000 compensation paid. The petition, led by Advocate Bhagwati Pahari, argues that the project violates environmental standards (e.g., the 65-meter lake buffer zone), Fewa Lake Protection Guidelines (2051 B.S.), and international commitments like the Ramsar Convention (1988) and Convention on Biological Diversity (1994), risking deforestation, shoreline erosion, and loss of biodiversity, including CITES-listed orchids, while threatening Fewa Lake’s UNESCO World Heritage candidacy.
The Supreme Court ruled to quash the 2069 B.S. approval and 2071 B.S. MoU via a writ of certiorari, citing violations of constitutional rights to a clean environment (Article 30) and religious freedom (Article 26), the Forest Act (2049 B.S.), and the Land Acquisition Act (2034 B.S.). The court deemed the project a Colorable Exercise of Power, as it diverts public land for private profit, contradicting its conservation purpose. A writ of mandamus ordered no construction in Basundhara Park or Raniban, protection of Tal Barahi Temple’s sanctity, and steps toward UNESCO listing, reinforcing the state’s parens patriae duty to protect natural heritage. The decision sets precedents against misusing public land and links environmental protection to the right to life.
While the ruling strengthens Nepal’s environmental jurisprudence and prioritizes sustainable tourism, it overlooks potential economic benefits like tourism revenue and lacks clear implementation mechanisms for the mandamus orders. The absence of alternative solutions, such as eco-friendly project designs, limits a balanced approach. Systemic issues, like poor inter-agency coordination, remain unaddressed, risking enforcement challenges. Nonetheless, the decision empowers local advocacy and safeguards Fewa Lake’s ecological and cultural value, though effective follow-through and stakeholder inclusion are critical to ensure long-term conservation and support Pokhara’s tourism economy.
References
About the Authors
Abisa Khadka
Undergraduate Law student at Nepal Law Campus, pursuing BALLB, with keen interest in International law, Public Interest Litigation and criminal justice. Dedicated to promote justice and legal reform, legal advocacy for underrepresented.
View all posts by Abisa Khadka