May 8: In a blow to the Kathmandu Metropolitan City’s (KMC) drive to excavate the underground Tukucha in Kamaladi and Hattisar area, the Patan High Court on Sunday ruled that the Tukucha is a river not a drain but the property on surface (over the river) is private.    

A division bench of high court judges Mahesh Paudel and Rajy Laxmi Bajrachayra issued the verdict on Sunday stating that although the Tukucha is a river the houses and land above the underground river are private. So, the state must not breach individual property.    
"The Tukucha (Ichchhumati) River is tributary of Bagmati River. So, the argument that Tukucha is drain is illogical," the verdict read.    

The court recognized the right of the government to manage rivers but also made it clear that the government cannot breach the rights of individuals by demolition of private structures.

Bishwa Prakash Sakha from Kathmandu Metropolis-1 had filed a writ petition at High Court, after Kathmandu Metropolis excavated Tukucha River by damaging his property on September 15, 2022.    
In response, the High Court urged Kathmandu Metropolis to not damage personal property without seeking his consent or providing compensation to the landowner. The landowner has legal document including the land ownership certificate.

According to the Department of Archaeology, the Tukucha river was covered some 130 years ago from Jay Nepal Hall to Kathmandu Plaza so that the river would not flood the structures built in those areas and also to avoid the foul smell.

Following the court verdict, KMC Mayor Balen Shah tweeted that the metropolis has achieved success in the first phase of excavation of the river.

“The natural flow of the river should not be obstructed. Covering thr river shoud not be allowed…” he tweeted.