High Court Kanchanpur Bench Issues Interim Order against Sugar Mill and Municipalities

10 January, 2025

Kathmandu, 10 January 2025: Mahendranagar Bench of High Court Dipayal issued an interim order on Friday in response to a public interest litigation (PIL) writ petition filed by Advocacy Forum-Nepal (AF) and other human rights organizations.

The petition seeks accountability from Mahakali Sugar Industries Private Limited and local municipalities—Belauri Municipality and Beldadi Rural Municipality—regarding environmental and health concerns. The petitioners requested a mandamus order compelling the sugar mill and local authorities to comply with legal standards and prioritize environmental and human health considerations.

A joint bench of Judges Dinesh Prasad Yadav and Ujjwal Shukla heard the writ petition, filed on 2 January 2025 by AF Sudurpaschim Province Coordinator Pusp Bikram Shahi, INSEC Province Coordinator Khadak Raj Joshi, and Environmental Human Rights Network Co-Convener Deep Bahadur Dhami.

The court directed Mahakali Sugar Industries to ensure adherence to legal environmental standards and the municipal authorities to monitor the sugar mill’s compliance and submit a detailed report to the court within a month.

Petitioners argued that the sugar mill’s operations caused severe harm to the local environment and public health, including pollution of natural water streams, air pollution, and noise disturbances. Residents of Belauri Municipality have long complained about the mill’s impact on their well-being.

Human rights organizations, including AF, conducted a field investigation at the mill site. They reported the sugar mill was dumping solid and liquid waste into a natural stream, resulting in foul odours affecting the local community, toxicity in irrigation water, death of aquatic species, and smoke and noise pollution, in violation of the right to health and clean environment of the locals.

Despite repeated requests for corrective measures, the sugar mill allegedly ignored its social and environmental responsibilities.

A team of lawyers pleaded the PIL, including PIL Lawyers’ Group Nepalgunj Coordinator Senior Advocate Sunil Shrestha, AF’s Lumbini Province Senior Coordinator Basanta Gautam, and AF Sudurpaschim Coordinators Bir Bahadur Bist and Pusp Bikram Shahi.

In a related development, lawyers in Sudurpaschim Province formed the PIL Lawyers’ Group, led by Advocate Bhupendra Bahadur Bist as Coordinator and Prakash Bahadur Pandeya as Co-Convener. Members include Bir Bahadur Bist, Pusp Bikram Shahi, Purna Bhatta, Mahesh Bhatta, Shankar Bahadur Bist, Lokraj Subedi, Kaushila Yogi, and Achyut Upreti.


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