I just uploaded a synopsis of a paper entitled 'Urban Safety: Law enforcement for better urban management...' presented at USMCA 2015

1. 
Urban Safety
Law enforcement for better urban management
in the Kathmandu Valley
Rajendra P Sharma 1, Prabhu Koirala 2, Yogeshwar K Parajuli3
1 Urban Anthropologist, 2Advocate, Legal Advisor to KVDA and 3Development Commissioner, KVDA
The 14th International Symposium on New Technology for Urban Safety for Mega Cities in Asia

2. Why this Research?
Despite the several efforts in developing legal framework and planning:
 urban living is largely deteriorating
 Impression over the performance of planning/ executing bodies is not good
 urban governance system is blamed for poor management/weak law
enforcement
 Several plans and programs never resulted in affirmative results
Thus, need to analyze the existing legal and policy documents, state of
enforcement of laws and suggest further steps to make the valley livable.
Objective
 map out the legal, policy guidelines and planning, analyze the level of
enforcement, the gaps and recommend measures

3. •
Set
Objectives
Set area for
research
Set
methodology
Collection of
documents
Critical review
of the
documents
Discussion
with key
players
Analysis, Interpretation, Findings, Conclusion, Recommendations

4. The Existing Laws Related to Function of KVDA
Year (BS) Legal Documents
Panchayat Era
(2019-2046)
1. Land Measurement Act, 2019 2. Land Act, 2021
3. Guthi Corporation Act, 2033 4. Land Acquisition Act, 034
5. Land Revenue Act, 2034 6. Natural Disaster (Rescue) Act, 2039
7. Pashupati Development Fund Act, 2044 8. KVDA Act, 2045
9. Nepal Drinking Water Corporation Act, 2046
Democracy era
(2047-2060)
1.Property Tax Act, 2047 2. VDC Act 2048
3. Municipal Act, 2048 4. DDC Act 2048
5. Vehicle & transport management Act, 2049 6. Monument conservation Act 2049
7. Directive - formation of UN Park Dev Samiti, 2052 8. Nepal civil Aviation Authority Act 2053
9. Telecommunication Act, 2053 10. Consumer Protection Act 2054
11. Joint Housing Ownership Act, 2054 12. Local Self Governance Act 2055
13. Building act 2055 14. Electricity Act 2055;
15. Environment conservation act 2055 16. Directive Formation of Melamchi DW Dev Samiti 2055
17. Road Board Act 2058 18. Joint Housing Ownership Bylaw 2060
Federal
Republic Era
(2063-2072)
1. Drinking Water Management Board Act 2063;
2. Private Investment in Infrastructure Development And Operation Act 2063
3. Nepal Trust Act 2064
4. Building code for the municipalities and urbanizing VDCs in the valley 2064
5. Private Investment in infrastructure development and operation bylaw 2064
6. Building Bylaws 2066;
7. Directive on high level Bagmati Civilization Integrated Development Committee 2066;
8. KVDA Bylaws
9. Waste Management Act 2068
10.Constitution of Nepal 2072 (Source: Compiled by the Author)

5. In a rare public concern, the supreme court has said,
 Public Interest Litigation (PIL) is a strategic novelty of the judiciary that addresses the
activism of the court and responsibility of the court towards the society because the
Judges sometimes go forward than the traditional judicial process, analyze whether
the government policies are against to the constitution, acts and law, if found so, the
Judges can interfere over such policy matters and provide fare treatment. (NLP,
2061:p794).
 Following this, the Supreme Court has made verdicts against the public complaints to
clear the hurdles against urban infrastructure development or expansion drives
 Supreme Court - verdict in-favor of mass population on the complaint filed against
urban infrastructure development or expansion drive.
 Supreme Court verdict has legal status equivalent to law, so reference can be taken
In addition

6. Writ in public affairs Court order/final verdict
Environment Conservation of Godawari Close the industry & do needful for environment conservation - 2052-7-14
Drinking water corporation should
supply potable water
Drinking Water Corporation and the concern ministry should ensure
supply of potable water - 2057-03-26
Stop misuse of Constituent Dev. Fund Establish legal mechanism to expend such fund 2058-06-11
Stop pollution produced by Bhrikuti Pulp
& Paper Mills
Water used in Bhrikuti Pulp & Paper Mills should purified & dust collector
should be installed & used effectively on 2058-8-19
Public land in dispute Order to cabinet: Disputed land be use for public purpose
No religio-cultural, property of historic
importance policy
Develop and implement the policy on religious, cultural and property of
historical importance, on 2054-2-27
Put imported vehicle under set standard Establish the testing mechanism for imported vehicle, on 2058-6-11
Methane gas in Gokarna LandField Site
Do needful to have legal arrangement for balancing environment around
Gokarna, on 2059-2-7
Protect public from pollution caused by
smoke/ vehicles
Adopt effective measures within two years, on 2059-11-27
Infrastructure to implement slaughter &
meat test act 2055
Prepare infrastructure, inform public then implement act, on 2062-2-23
Protect public health from the negative
effect of polluted environment
Protection of public health from pollution is constitutional duty of
government, hence GON should initiate necessary action on 2062-8-24
Stop economic and sexual exploitation
in unregister restaurant, cabins, dance
bar and massage parlors
Unregister entity got minimum infrastructure no code of conduct, hence,
women are suffering from sexual and financial exploitation. So before law
enforced the government should announce an urgent directive, on 2065-
8-11

7. Law is defined as "rules of conduct of any organized society
Laws play vital role to guarantee the rights of weaker either physically or socially
Function of law
 maintain law and order and protect freedom
 promote economic growth, social justice and protect environment
 facilitate planning execution
 protect individual & business interest through system of rule by governing body
 The law protects against anarchy, therefore the law is the backbone of
organized society so as to the management of urbanization.
(Bushman, 2007; Mallor, et al, 2007; (Ref.com, 2007)
Rule of law
Index

8. Year and Efforts Year and Efforts
1969: Physical development plan of KV 1994: National building code for Nepal
1976: Land use plan of Kathmandu Valley 1995: Regularization of urbanization - study
1977: Bhaktapur town development plan 1996: Formation of high-level council
1979: Beginning of Site & Services Scheme 1996: National shelter policy
1984: Physical development concept of KV 1999: Environmental plan & management
1986: Urban land policy study of KV 2002: Long term development concept of KV
1988: Housing & physical planning ministry 2007: National urban policy
1988: Urban development & conservation 2009: Bagmati action plan 2009-2014
1991: Urban development plan & program 2012: National land use policy
1992: KTM urban development project 2012: Ministry of Urban Development
1994: Bagmati basin water management
strategy and investment program
2012: KTM Valley Development Authority
Source: KVDA, 2015

9. Effects of delay in implementing KVDA Act
 no authority to implement coordinated urban plan in the valley
 poor coordination among many utility agencies and committees under
different ministry and municipalities , HENCE
 unnecessary competition among ministries, committees and
complexities in technical and legal field
 duplication of roles
Even frequent changes in legal and institutional mechanism
 plan are not yet executed because of the poor law enforcement
Example: opportunity
 > 2 decades delay in implementation of KVDA Act 2045
 > 3 decade delay to implement valley road expansion

10. KVDA in the changed urban context
- The government has revived KVDA Act 2045 and formed KVDA on 2012
to have a new authority for effective urban planning, coordination and
implementation to turn the valley from haphazard and unmanaged city to
-
- a safe, smart and livable SUSTAINABLE city
- a compact, coordinated, connected national capital region
- KVDA is working towards minimizing the duplication, gaps and make
effective integrated development of the valley.
Ministry of Urban Development in urban context
Established in 2012 with special mandate
 to ensure the basic urban facilities and service
 urban planning and execution, housing, drinking
water, sanitation and sewerage system etc.

11. FINDINGS
The valley - covers about 677.58 Sqm (Kathmandu, Lalitpur Bhaktapur)
- largest urban agglomeration & capital region & highest
density
Historical evidence shows that
 urban development was began during Lichhavi rule by establishing
town
 But the great change was marked after the unification of Nepal
 modern urban infrastructure were initiated during first Rana PM
 urban planning through physical development begun with 1st 5-year
plan (2013-2018)
 urban expansion upheld after restoration of democracy by making
laws and setting parameter to designate a municipality
Population
- 2.5m (excluding floating population); growing at the rate of 4.3 pc
- It is estimated to reach 3.99m in 2020 and 6.70m in 2030

12. FINDINGS
 12th 5-year plan (2nd 3-year
interim plan) has the
- policy arrangements
- objectives and strategies
- accepted urban development as
responsibility of the state.
 Coordinated action in line with existing laws
and orders of Supreme Court in-favor of
implementation of city planning is an urgent
need
To sum up,
 If the plans are facilitated and backed up
strongly by laws, policy, investment and
urban authorities give an honest try, it is
possible to manage urbanizing KV and
make it organized, safer and livable.
 KV experience institutional change
but urbanization still haphazard due
to poor enforcement which is
important to shift plan into practice
 Often, inadequate laws is blamed as
constraint but unwillingness and or
inability of concerned authorities
matters much.
 Urban centers increased
- 10 in 1952 to 217 in 2015
1 metro, 12 sub-metros & 204 municipals
- KV single urban agglomeration
consisting of 22 municipalities

13. CONCLUSION

 KV experiencing a continuous growth -
urban population and built up area
 Need effective plan and execution by
enforcing the existing laws
 Promulgation and enforcement of law
are different but equally important to
turn plan into practice
 Existence of many laws, policies is not
problem but consolidation of them,
bring stakeholders on board, share
responsibilities under a nodal umbrella
is a challenge
 Funding must ensure throughout
Planning cycle .
 To overcome the issues specified,
KVDA is working, advocating and call
for its endeavor through its 20 years
SDMP 2015-2035 that reads
“promote KV as a livable city by
enhancing the interdependence of
nature, community and culture by
establishing valley as a safe, clean,
organized, prosperous and elegant
national capital region”.

14. To overcome the poor implementation of plan and programs with weak enforcement of
law , KVDA is working, advocating and calls to support its endeavor. To speed up:
 Laws and Supreme Court Verdicts should be compiled, published and make readily
available to everyone associated to urban development and planning to minimize the
confusion and find base for coordination. KVDA should act as nodal agency.
 There should be a performance based evaluation, reward and punishment mechanism to
the key officials responsible to plan and execution.
 Availability of technical human resources readily available for land buyers, owners and
builders at municipal level or KVDA is the must.
 Develop built-in incentive mechanism to encourage living in land developed area and built
a safe house in line with National Land Use Policy and National Shelter Policy, 2012.
 KVDA should make the existing laws easily available, accessible and understandable to
make two way information flows between urban authorities and local communities. For this,
a common information platforms should be created under the KVDA, where all the urban
information can be obtained, discussed and technical advice can be provided to and
information can be gathered from the service seekers if any illegal works are happening in
their area, so that KVDA follow up not disclosing the informants. From such action,
negative attitude can be changed and collaboration between urban authority and users be
enhanced.
 Last not the least, a robust civil society action need to enhance to honor and pursue the
commitment expressed by government in policies and programs and budget and political
parties in their manifestos.

15. 
Framework
Execution
of Urban
plan and
program
Policy Backup
(policies, guidelines,
directives)
Plan & Program
Legal back up
(law, bylaw, court
orders)
Coordination
Collaboration
Investment
Panning and
Infrastructure
Performance based
Evaluation
Dedicated Leader
Human Resource
Communication
Providers
Users

16.  Bushman, M., 2007. The Role and Functions of Law in Business and Society. Retrieved on 30-8-2015, from
http://www.associatedcontent.com/article/139783/the_role_and_ functions_of_law_in_ business.html
 CBS, 2011. National Population and Housing Census 2011, Central Bureau of Statistics, Government of Nepal.
Kathmandu, Author.
 Kharel, R., 2006. Growing Urbanization in Kathmandu Valley, An online article published in OhmyNews.com Retrieved on
8-15-2015.
 KMC, 2015. Introduction to Kathmandu Metropolitan City. www.kathmandu.gov.np. Retrieved on 14-8-2015.
 KVDA, 2015. Vision of 20 years SDMP 2015-203. Kathmandu Valley Development Authority, Government of Nepal.
Kathmandu, Author.
 Mallor, J., Barnes, A., Bowers, L., & Langvardt, A., 2004. Business Law: Ethical, global & e-commerce environment, 13th
Edition. Retrieved on 24-8-2015, from University of Phoenix
 NPC, 2015. Nepal Earthquake 2015, Post Disaster Needs Assessment (PDNA). National Planning Commission,
Kathmandu, Author.
 Reference.com., 2007. Role of Law. Retrieved on 30-8-2015 from ://www.reference. com/ search?q=law
 Slusser, M., 1982. Nepal Mandala: A Cultural Study of the Kathmandu Valley. Princeton University. P. 7. ISBN 978-0-691-
03128-6.
 UNESCO, 2009. Kathmandu Valley World Heritage Site. Heritage Homeowner's Preservation Manual. Kathmandu &
Bangkok. Retrieved from http://unesdoc.unes co.org on 12-7- 2015.
 UNFPA, 2007. State of World Population: Unleashing the Potential of Urban Growth, United Nations Population Fund,
Retrieved from www.unfpa.org/swp
 UNFPA, 2015. State of World Population. Retrieved from http://www.unfpa.org/ urbanization #sthash.jZAaRRGI.dpuf on
30-8-2015.
 World Bank, 2015. Leveraging Urbanization in South Asia: Managing spatial transformation for prosperity and livability.
World Bank, Author.
References