SC issues interim order against export of construction material

  • Published Date : July 1, 2021

Kathmandu, June 19: The Supreme Court has issued an interim order to the government not to implement its decision to export construction material like stone, gravel and sand. The government had announced the decision in its budget speech for the fiscal year 2021/22.

Citing the fundamental right of citizens to clean environment in Article 30 of the constitution that says every citizen shall have the right to live in a clean and healthy environment, the court has directed the government not to implement the decision, The Kathmandu Post reported today.

“It is not appropriate to implement point number 199 [of the fiscal budget] as using ordinance on issues like natural resources will have a long-term impact because that would interfere with the rights and effectiveness of the legislature,” the Court said.

The Constitutional Bench has cited Article 51(g) which talks about policies relating to protection, promotion and use of natural resources saying that while using the national resources of the country inter-generational coordination and environmental balance should be given due importance.

The Constitutional Bench comprising Chief Justice Cholendra Shumsher Rana and Justices Deepak Kumar Karki, Mira Khadka, Hari Krishna Karki and Bishwambhar Prasad Shrestha issued the order not to implement the decision until there is a final decision on the case.

While presenting the budget, Finance Minister Bishnu Poudel had said that based on environmental impact assessment, mine-based stone, gravel and sand can be exported to minimize the trade deficit.

Seven different writ petitions were registered at the Supreme Court, where the petitioners claimed that extracting the Chure resources in the name of decreasing trade deficit with India would degrade the environment.

Following the petition, the apex court had ordered the government to furnish reasons behind the government policy within a week.