Ramchandra Simkhanda et. al v. Nepal Government, Office of the Prime Minister and Council of Ministers

Chitwan National Park is a UNESCO World Heritage Site and is one of the last refuges for the one-horned rhinoceros and the Bengal tiger. It is also one of the only surviving natural ecosystems in South Asia and the lakes in the parkland have also been designated as a wetland of international importance under the Ramsar Convention. Owing to this, the Park has been legally protected under the National Parks and Wildlife Conservation Act and the national army has been mobilized for its protection since 1975. However, in late 2011, the Government began planning construction for roads through the park. This prompted the petitioner, Advocate Ramchandra Simkhada, to request the court to halt the construction of the 30-kilometer East-West Highway given that it would pass through the habitat of endangered animals and plants in the region. Following this, in 2017, UNESCO issued a formal warning that moving ahead with the project would put the Park on the World Heritage in Danger list and significantly harm the biodiversity in the region. Another letter by UNESCO’s World Heritage Committee in 2018 also detailed the inadequacies of the proposed Environmental Impact Assessment (EIA) report. In keeping with this, the Court ruled in 2019 that the proposed road would gravely undermine the protected species in the area and contravene the constitutional right to safe and healthy environment. The Court also specifically observed how Chitwan National Park will be adversely impacted by climate change and road construction in the region would only heighten its vulnerability. The Court utilized the Public Trust Doctrine to highlight the Government’s responsibility to protect public parkland and ruled that it is imperative therefore, that any project be carried out with due consideration for the environment and in line with the UN Framework Convention on Climate Change and the Paris Agreement. The Court also particularly made note of how, even if small, Nepal can make a meaningful contribution to curb the global impacts of climate change and reasoned how the Government must therefore be cognizant before approving catastrophic environmental projects like these for short-term gain. An order was issued not to carry out any work related to road construction within the Chitwan National Park unless the Environmental Impact Assessment conducted in consultation and agreement with the concerned bodies including UNESCO and the Chitwan National Park Office established by law, grants permission.