Nepal pushes for hydropower in protected areas through legal grey area

KATHMANDU – Nepal’s government has allowed several private hydropower producers to develop projects inside protected areas and the buffer zones surrounding them, contravening a Supreme Court order, a Mongabay investigation reveals. In January 2025, the Supreme Court declared that a 2024 amendment to a key conservation law opening up protected areas to commercial projects was “invalid” as it was against the constitutionally defined state policy of environment-friendly development and the principle of intergenerational equity. As the court is yet to publish the full text of the verdict, the government has interpreted the law and issued permits for development, the investigation aided by a right to information request finds. “To issue permits [for hydropower projects] inside protected areas is a misinterpretation of the court verdict,” said senior lawyer Prakash Mani Sharma Bhusal, one of the petitioners who took the government to court on July 28, 2024, over its decision to open protected areas to infrastructure such as hydropower plants and hotels. Kaligandaki hydropower dam in Nepal. Image by Krish Dulal via Wikimedia Commons (CC BY-SA 3.0). The court’s 2025 verdict came in response to a petition filed by lawyers led by Dil Raj Khanal, who argued that the 2024 amendment to the parks and conservation act, which came into effect on July 8, 2024, violated Article 30 of the Constitution, which guarantees the right to a clean and healthy environment, and contradicted Nepal’s obligations under international treaties such as the Convention on Biological Diversity. Yet the Supreme Court has still not…This article was originally published on Mongabay 

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