April 16, 2015 at 12:00 am
Nepal Supreme Court
Date: 16 April 2015
Judge: Honourable Justices Sushila Karki, Govind Kumar Upadhayaya and Jagdish Sharma Poudel
Legislation considered: Article 16(1) of the Interim Constitution of Nepal
This matter concerned the closing down of a marble quarry in the Godavari Valley near Kathmandu. The applicants challenged the decision of the Nepalese government to grant an extension to a mining right held by Godavari Marble Industries Ltd in respect of the Godavari Valley, an extremely important and sensitive ecosystem, The court found that the decision to extend the mining right was unlawful on account of the damage the mining operation would cause to the environment would offend the right to a clean environment as enshrined in Article 16(1) of the Interim Constitution of Nepal. The court set aside the decision to extend the mining right and order the Minister of Environment to declare the Godavari Valley a protected area.
Download the judgment (translated into English by ELaw)