Kathmandu, Aug 28: The Supreme Court has issued an order prohibiting the establishment of any new carbon-emitting industries within 800 meters along the road (both sides) in the Lumbini-Bhairahawa corridor, falling within a 15-kilometer radius of Lumbini, to protect the site.
A bench of Supreme Court Justices Kumar Regmi and Sunil Kumar Pokharel stated that no new industries should be set up in the Lumbini protected area.
The court ruled that even industries registered and operating before 12th Mangsir 2066 BS (late 2009) would have first priority for relocation. Such industries would not be allowed to expand their capital, add new objectives, or increase electrical capacity. The verdict emphasized that, “Given the clear objective to gradually close and relocate such industries, a directive has been issued to shut down industries and factories emitting dust, smoke, or carbon within two years, covering areas up to 15 kilometers east, west, and north of Lumbini’s perimeter wall and extending to the southern Indian border, to ensure the long-term protection of Lumbini, the birthplace of Lord Gautam Buddha, a site of incomparable value. The court also stressed giving adequate attention to long-term protection of the broader area.”
Senior lawyer Prakash Mani Sharma filed a writ noting that registration of private industries in ways that adversely affect historical and archaeological preservation had severely impacted the area. The writ argued that granting approval to pollution-causing private industries for a few individuals’ interests violated the Constitution, national laws, decisions of the Industrial Promotion Board, and international law.
It was also argued that industrial activity negatively affected tourist sites and should therefore be restricted. The Bhairahawa-Lumbini road, a key route to the internationally significant tourist site of Lumbini, had been impacted. Around this road, religious, historical, and scenic sites should have been developed, but pollution-heavy industries such as cement, steel, and wood industries caused inconvenience to tourists visiting Lumbini, according to the writ.
The writ named the Prime Minister’s Office, Ministry of Industry, Commerce and Supplies, Ministry of Culture, Tourism and Civil Aviation, Ministry of Forests and Environment, Ministry of Finance, Ministry of Physical Infrastructure and Transport, Department of Industry, Department of Roads, Lumbini Development Fund, Department of National Parks and Wildlife Conservation, Nepal National Commission for UNESCO, and the District Administration Office of Rupandehi as respondents.
Industries operating in the area, including Supreme Cement Pvt. Ltd., Goenka Cement, Jagdamba Cement, Ambe Steel, Reliance Cement, Siddhartha Cement, Bridge Cement, Agni Cement, Kailash Cement, Vishal Cement, Arkha Khanchi Cement, Nepal Ambuja Cement, Shyam Plywood, Himalayan Snacks and Noodles, and Siddhartha Oil Industries, were also named as respondents.
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