Pokhara’s Demolition of Illegal Structures on Phewa Lake
Pokhara, a city known for its scenic beauty and tourist attractions, has witnessed a dramatic turn of events as the Pokhara Metropolitan City initiated the demolition of 32 illegal structures built within the boundaries of Phewa Lake. This action was carried out in response to a Supreme Court order, marking a significant step in the ongoing efforts to protect and preserve the lake.
The demolition began early Saturday morning, with excavators working alongside a large team of personnel from various police forces. The operation was conducted under tight security, reflecting the sensitivity of the situation. The decision came after years of legal battles and repeated notices issued to the owners of the structures, many of whom had ignored the warnings.
The Supreme Court’s verdict, released on 25 September 2023, mandated that the 65-meter zone around Phewa Lake must be maintained as a “green zone.” It also required the removal of all unauthorized structures—hotels, resorts, and businesses—within six months. Crucially, the court ruled that land registered after the 1976 survey was fraudulent, leading to the conclusion that no compensation is needed for such land.
Legal Framework and Historical Context
The legal framework surrounding Phewa Lake dates back to the 1970s, when the government first introduced policies to protect the area. In 1973, a government gazette notification designated Phewa as a protected area, prohibiting any construction within 200 feet of the lake’s perimeter. However, this protection was challenged by a catastrophic dam failure in 1974, which led to the exposure of vast tracts of the lakebed.
Local residents quickly began cultivating these newly exposed areas, leading to a surge in land registration during the 1976-1977 land survey. By the time a new dam was completed in 1981, many of these plots were once again submerged. A 1981 study recorded the lake’s area at a diminished 5.8 square kilometers.
The 65-meter buffer zone rule, currently at the center of debate, traces its roots to a 2007 decision by the Kaski District Council. Building on the 1973 town plan, the council moved to prohibit any physical structures within 65 meters of the shoreline. This decision was met with resistance, leading to a writ petition filed in the Supreme Court in 2011.
Ongoing Legal Battles
The Supreme Court’s landmark order in 2018 directed the government to fix the lake’s boundaries within six months, remove structures within the 65-meter zone, and acquire necessary land by paying compensation. However, years passed without action, leading to contempt of court cases. In 2020, another committee was formed, eventually recommending a lake area of 5.726 square kilometers.
The conflict escalated further when then-Mayor Man Bahadur GC tried to reduce the buffer zone from 65 meters to 30 meters in 2021. This decision faced immediate legal challenges. On June 20, 2023, the Supreme Court delivered its final ruling, reinforcing the importance of maintaining the 65-meter buffer zone and declaring land registered after the 1976 survey as fraudulent.
Community Reactions and Future Implications
The demolition has sparked strong reactions from local residents and community leaders. Nabin Baral, chairperson of the Phewa Lake Victims’ Concern Committee, criticized the government’s actions, calling it an act of state-sponsored terror. He argued that the use of heavy machinery and the timing of the operation were unjustified and created a climate of fear.
However, the mayor of Pokhara, Dhanraj Acharya, emphasized that several permanent structures were deliberately built within the 65-meter zone without notice. He stated that such structures would not receive any compensation, while those with legal registration would soon begin the compensation process.
As the city moves forward, the implications of this decision are far-reaching. The preservation of Phewa Lake is not just a legal matter but a crucial environmental and cultural issue. The ongoing efforts to maintain the lake’s ecological balance and protect its natural resources will require continued vigilance and cooperation from all stakeholders.
