KATHMANDU: A writ petition has been filed in the Supreme Court (SC) against a Chinese company for the illegal excavation of rivers in Madhesh Province.
The petition challenges the illegal extraction of stones, gravel, and sand from protected forest areas and rivers, which are being used for the expansion and upgrading of the four-lane road from Kamala in Dhanusha to Kanchanrup in Saptari under the East-West Highway in Madhesh Province.
The Supreme Court has prioritized the case and scheduled the next hearing for December 1.
According to the Lahan Municipality’s Brief Environmental Study and Preliminary Environmental Examination (2079 BS), Lahan Municipality has acted as the proposer and has approved the preliminary environmental examination on its own.
Furthermore, Lahan Municipality and China Railway No. 2 Engineering Group Co., Ltd. have been involved in the illegal excavation and export of gravel and sand.
The writ petition seeks an interim order under Rule 49 of the Supreme Court Rules (2074 BS) to immediately halt the illegal extraction of gravel and sand from Khuti Khola, as well as the export of illegally excavated materials.
It also calls for the cessation of these activities, which are likely to cause environmental harm and are in violation of Section 29 of the Environmental Protection Act (2076 BS) and the Provincial Forest Act of Madhesh Province (2077 BS).
Additionally, the petition demands the annulment of the Brief Environmental Study and Preliminary Environmental Examination conducted by Lahan Municipality, arguing that they were prepared in violation of Section 3 of the Environmental Protection Act (2076 BS), the Environmental Protection Regulations (2077 BS), and the Provincial Forest Act of Madhesh Province (2077 BS).
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