The Supreme Court of Nepal has issued a landmark ruling on road construction, expansion, and reconstruction, setting clear legal standards to protect citizens’ rights. The decision, delivered on Bhadra 22, 2082 (early September 2025) by a joint bench of Acting Chief Justice Sapana Pradhan Malla and Justice Hari Prasad Phuyal, addresses concerns over forced demolitions and displacement.
The Court ruled that road expansion without completing legal procedures—such as formal land acquisition and compensation—is unlawful and beyond government authority. It emphasized that citizens cannot be deprived of legally owned property or have homes demolished without prior notice, compensation, and rehabilitation, calling such actions a serious violation of constitutional rights.
The verdict also states that development must not render citizens homeless or landless, as this contradicts Nepal’s commitment to a welfare state. Authorities are required to follow the principle of proportionality, avoiding unnecessary harm to homes and livelihoods, especially when alternatives exist.
Additionally, the Court mandated clear prior notice, consent from affected residents where private land is involved, and meaningful consultation, ensuring communities are informed, heard, and their concerns addressed. The ruling is expected to guide future projects toward a more lawful, humane, and conflict-free approach.
