‘Tukucha is river,but property on surface is private’

The High Court, Patan has said the Tukucha, which is underground at Kamaladi and Hattisar area, is a river, but the property on the surface (over the river) is private.

The division bench of Justices Mahesh Paudel and Rajyalaxmi Bajrachayra issued the verdict today that although the Tukucha is a river the houses and land above the underground river are private. So, the State must not breach individual property.

“The Tukucha (Ichchhumati) River is tributary to Bagmati River. It also has a certain flow. So, the pleaders ‘ argument that Tukucha is drain or gully is illogical,” the verdict read.

Bishwa Prakash Sakha from Kathmandu Metropolis-1 had filed a writ petition at High Court, after Kathmandu Metropolis excavated Tukucha River by damaging his property on 15 September 2022.

In response, the High Court urged Kathmandu Metropolis to not damage personal property without seeking his consent or providing compensation to the landowner. The landowner has a legal document- land ownership certificate.