Nepal

Pro Public v. Godavari Marble Industries Pvt. Ltd.

Pro Public v. Godavari Marble Industries, 068–WO–0082 (April 15, 2016)
Supreme Court of Nepal

Over a 20 year period, advocate Prakash Mani Sharma and the NGO Pro Public pursued public interest litigation to close a marble mine in the Godavari hills outside Kathmandu, Nepal.  The Godavari area is described as a “living museum” of cultural and biological significance and has been negatively impacted by the mining operations.

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Constitution of Nepal (selected provisions)

PART III – FUNDAMENTAL RIGHTS

Article 12. Right to Freedom:

(1) No person shall be deprived of his personal liberty save in accordance with law, and no law shall be made which provides for capital punishment.

Article 23. Right to Constitutional Remedy:

The right to proceed in the manner set forth in Article 88 for the enforcement of the rights conferred by this Part is guaranteed.

PART XI – THE JUDICIARY

Article 88. Jurisdiction of the Supreme Court:

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Suray Prasad Sharma Dhungel v. Godavari Marble Industries and others, WP 35/1992 (1995.10.31)

Supreme Court, Full Bench

Hon`ble Trilok Pratap Rana
Hon`ble Laxman Prasad Aryal
Hon`ble -Gobinda Bahadur Shrestha

Order Writ No. 35 of the year 2049 B.S (1992)

Petitioner: Suray Prasad Sharma Dhungel
Versus Respondents: Godawari Marble Industries and others

Case: Mandamus

Constitutional / Legal Issues

Whether the Constitution guarantees the right to clean: environment as the part of right to life?

Whether there is locus standi of the NGOs or individuals working for the protection of the environment?

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