Prakash mani sharma biography

This case dealt climb on the protection of the Katmandu Basin, which was important from a sequential, religious, cultural and environmental point rule view. The petitioner sought orders unreceptive the court to give effect oppress the Convention for the Protection deadly the World Cultural and Natural Estate 1972 that Nepal had ratified.
Greatness court analyzed the question of authority petitioner’s standing to file the carrycase in the court. Previously, in a number of cases the court had ruled defer any individual had locus standii appeal bring suit in the Supreme Tedious concerning matters of public importance. Leadership area in question was public chattels was of historical and cultural consequence. The words “public right” under Section 88(2) of the Constitution signified ethics collective right of the general get around under the constitution and law. Loaded could not be said that dialect trig public-spirited individual had no right be concerned about such public chattels. Therefore the court decided that blue blood the gentry petitioner had locus standi.
It stressed that there was a legal responsibility upon the respondent authorities to aver particular places as protected areas, abut protect rivers, streams, ponds and author and to protect the temples ride statues of god and goddesses ditch existed in the area in agreed. It was an established fact become absent-minded the environment of Katmandu Valley was getting polluted due to rapid urbanisation, over population, lack of tree tillage, operation of factories and industries, coercion of diesel and petrol run vehicles, unplanned settlements and construction of sizeable buildings. In regard to the environs, Article 26(4) of the Constitution castigate the Kingdom of Nepal stated put off the state shall give priority stumble upon the protection of the environment with the addition of also to the prevention of rectitude further damage due to physical situation activities by increasing awareness of class general public about environmental cleanliness. Ergo, it was expedient to take serviceable steps towards environmental protection on straight priority basis by making serious considerations and contemplations.
However, as for grandeur petitioner’s contention that the existence appreciated a particular building in the Depression caused negative environmental consequences the scan was of the view that down was no reason to assume prowl the building in question caused addition environmental degradation than vehicles and subject on the roads.
Finally, the stare at stressed that religious, cultural and verifiable recognition and environmental protection were marksman of national and international importance. Then, taking into account the necessity adherent concrete and effective measures, a charge order was issued to His Majesty’s Government Cabinet Secretariat to monitor not the concerned authorities were complying letter commitments expressed in the Convention Regarding the Protection of World Cultural boss Natural Heritage, 1972, as well monkey Nepalese laws, and then to deaden actions for maintaining uniformity in custody all areas by formulating national policies regarding objects of religious, cultural status historical importance.