Kathmandu. According to the construction side, the construction team has not issued an order to stop the construction of Chhaya Complex in Thamel in several cases filed against the project for years. According to them, many of the allegations circulating on social media have not been substantiated by the courts.
The first case was filed at the Kathmandu District Court claiming that Bhagawan Bahal Guthi belonged to the land in 2070 BS. After this, another writ petition was filed in the Supreme Court citing the issue of public concern. Shortly thereafter, another case reached the Supreme Court, claiming that ILO-169 is a cultural site for indigenous communities.
According to the construction side, the court did not issue an interim order to stop the construction in all three cases. Instead, the project gained momentum only after concluding that there was no impediment to the legal process.
The Chhaya Complex has claimed that it has completed all the necessary processes including approval of the map from Kathmandu Metropolitan City, environmental impact assessment, planning permit and public hearing before the start of the project.
According to the construction side, various decisions have already been made by the court on the issue of land ownership decades ago. According to them, the land records, land revenue documents, land ownership certificates and court verdicts from the Rana era are the legal basis of the land.
However, in the public debate, the construction party alleges that the fact that the case has been filed in the court has been presented as evidence of ‘illegal structure’. They say that if a project that has been ordered by the court not to stop construction is continuously promoted as illegal, then there is a risk of undermining faith in the judicial system.
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