Valley
Supreme Court issues interim order barring plan to demolish Bag Durbar
The Supreme Court has issued an interim order, directing the Kathmandu Metropolitan City (KMC) not to demolish the historic Bag Durbar that suffered damage in the earthquake of April 25, 2015.The Supreme Court has issued an interim order, directing the Kathmandu Metropolitan City (KMC) not to demolish the historic Bag Durbar that suffered damage in the earthquake of April 25, 2015.
Heritage conservationists had filed a writ petition at the Supreme Court (SC) on Tuesday against the KMC’s decision to demolish the historic building. A single bench of Justice Deepak Raj Joshee on Wednesday issued the order.
Senior advocates Prakash Mani Sharma and Rama Panta Kharel, law student Sanjay Adhikari, and Coordinator of Heritage Conservation Campaign Struggle Committee Ganapati Lal Shrestha had filed a writ seeking an interim order to immediately stop the KMC’s preparations to demolish Bag Durbar.
In the writ, the petitioners have also demanded the apex court to issue order to protect all the historic palaces of different eras, including Lichhavi, Malla, Rana and Shah.
KMC Mayor Bidya Sundar Shakya, Office of Prime Minister and Council of Ministers, Home Ministry, Ministry of Culture, Tourism and Civil Aviation, Ministry of Forest and Environment, National Human Rights Commission, National Reconstruction Authority, Department of Archaeology, Office of Kathmandu Metropolitan City (KMC), KMC ward no 11 and Office of the Attorney General have been named defendants in the case. The court order has stated that the issues mentioned in the writ are of serious nature. The court issued the interim order in the name of defendants to not carry out any kind of construction works and protect the Durbar, which has historical and archaeological importance, in its existing form until the final verdict.
Senior advocates Prakash Mani Sharma, Dinesh Tripathi, Rana Panta Kharel and applicant Sanjay Adhikari had pleaded the case on behalf of petitioner. The petitioners have demanded that the Rana-era palace should be protected since it was a public property and should be handed over from one generation to another. Heritage conservationists have claimed that the permission letter issued by the Department of Archaeology to Kathmandu Metropolitan City to demolish the palace was guided by a malicious intent. They have argued that there is no need to demolish Bag Durbar for reconstruction since it could be retrofitted.
“Archaeological Depart-ment itself had sent a letter to demolish Bag Durbar,” Archaeologist Bhim Nepal said, “Why did it give permission to demolish the Durbar? The department’s letter shows its bad intention. Bag Durbar should not be demolished. It should be saved.”