SC defers verdict on Gadawari Marbles for eleventh time
KATHMANDU, JAN 19 -
The Supreme Court on Friday postponed for the 11th time the final verdict delivery on a petition that has demanded Godawari Marbles not be allowed to operate.
The petition was filed in April 2002 demanding Godawari Marbles not be allowed to carry out extraction work as it threatens biodiversity of the area.
The petition was first put up for final verdict delivery on April 11 2013, 11 years after the petition was filed.
It was then postponed for May 2 last year, only to defer it again for June 13.
Other dates set for verdict delivery were July 4, August 8, August 29, September 26, October 31, December 5, 2013, and January 16 and January 17, 2014.
The delay in the verdict delivery has been a matter of concern for the litigants.
“This clearly shows the court is not taking environmental issues seriously,” said Advocate Prakash Mani Sharma, one of the attorneys of the petitioners.
The petition claims the areas surrounding Godawari Marbles are home to 330 types of butterflies, 254 types of birds, 80 types of trees and 571 types of fruits.
It also maintains the Pulchowki area, where the extraction is planned, is home to endangered species such as musk deer and Ghorals.
The area also houses a botanical garden and fish farming research centre.
The writ states the main food for birds and animals in the area is limestone and tampering with it will impact the biodiversity.
The petitioner has cited a government study which says the activities carried out by the marble factory has had an impact on the fertility of land in areas surrounding the factory, leading to a decline in production.
The writ also argues the owner of the factory has been evading tax by claiming the company is operating in loss. “If so, the company should be shut,” said Advocate Sharma.
Members of the legal fraternity have taken exception to such a handling of the case by the apex court.
“Continuous postponing of the final verdict delivery doesn’t match with the concept of speedy delivery of justice which may in fact defeat the purpose of having continuous hearing and timely delivery of verdict,” said Nepal Bar Association General Secretary Sunil Pokharel.
(Source: The Kathmandu Post)
