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Shadow Complex Dispute: Court’s precedent: ‘All is well’, but constant attacks!

अर्थ सरोकार

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 the land belonged to Bhagawan Bahal Guthi in 2070 BS after the construction started.After this, another writ petition was filed in the Supreme Court citing the issue of public concern. Shortly thereafter, another case went to the Supreme Court, claiming that is a cultural site of indigenous communities on the basis of the ILO-169 treaty.

According to the construction side, the court did not issue an interim order to stop the construction in all the three cases.On the contrary, the project only gained momentum after concluded that there was no impediment to the legal process.

The Shadow Complex has claimed that it has completed all the necessary procedures from the Kathmandu Metropolitan City (KMC) before the commencement of the project, including the approval of the map,environmental impact assessment, , planning, , permit, , public hearing and

According to the construction party, various decisions have already been made by the court on the issue of ownership of land. According to them, records, land revenue documents, land ownership certificates and court judgments dating back to the Rana era are the legal basis of the land.

However, in the public debate, the construction party alleges that the very fact of the case in the court has been presented as evidence of an ‘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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