Kathmandu - August 19, 2025: Nepal’s Supreme Court has annulled recent legal amendments that allowed large-scale infrastructure development inside national parks and protected areas, ruling that such provisions violated the country’s constitutional guarantee of environmental rights.
The Constitutional Bench, led by Chief Justice Prakashman Singh Raut alongside Justices Kumar Regmi and Manoj Kumar Sharma, declared Sections 5Ka and 6(1Ka) of the amended National Parks and Wildlife Conservation Act (1973) invalid from the outset. These provisions, introduced in 2024 through the Act to Amend Certain Nepal Acts Related to Investment Facilitation, 2081 (2024/25), permitted construction of nationally prioritized projects, such as roads, hydropower plants, and transmission lines, within protected landscapes.
The bench’s decision came in response to a writ petition filed by advocates and conservation experts, who argued that the amendments contradicted Article 30(3) of Nepal’s Constitution, which guarantees citizens the right to live in a clean and healthy environment. The petitioners also highlighted risks to fragile ecosystems and biodiversity hotspots if infrastructure were allowed to expand unchecked within conservation zones.
While some justices expressed differing views-Justice Sapana Pradhan Malla issued a partial concurring order, and Justice Hari Prasad Phuyal argued the amendments should stand—the majority ruling favored complete annulment. The verdict follows an interim order issued last year by then–Chief Justice Bishwambhar Prasad Shrestha, which had temporarily suspended the law.
The annulled provisions were controversial from the beginning. They were rushed through just before Nepal’s high-profile Investment Summit in April 2024, as part of efforts to attract foreign capital by easing restrictions on nationally prioritized projects. Conservationists and civil society groups strongly opposed the changes, warning they would open the door to ecological degradation and undermine decades of conservation achievements.
Global Implications
Nepal is internationally recognized for its success in wildlife protection, including the recovery of endangered species such as the one-horned rhinoceros and Bengal tiger. Its network of national parks and conservation areas, covering over 23 percent of the country’s land, is considered a model for community-based conservation.
The Supreme Court’s ruling reinforces Nepal’s position that environmental protection cannot be compromised in the name of short-term development. It also sets an important precedent for countries in the Global South facing the dilemma of balancing infrastructure growth with biodiversity conservation.
By declaring the law void “from the beginning,” the Court has effectively reinstated strict protections, preventing roads, hydropower projects, or other large-scale developments inside Nepal’s most ecologically sensitive areas.
Reactions Expected
While conservation groups are likely to hail the decision as a victory for environmental justice, the government and private sector may face challenges in reconciling infrastructure expansion plans with conservation commitments. The ruling may also influence how international investors engage with Nepal, particularly in energy and infrastructure sectors.
As the climate crisis deepens, Nepal’s highest court has sent a clear message: environmental rights and ecological integrity are not negotiable.
