In Suray Prasad Sharma Dhungel v. Godavari Marble Industries and Others, a citizens and nongovernmental organizations sought a writ of mandamus in Nepal’s Supreme Court against a marble factory on the basis that it caused environmental degradation to the Godavari forest and its surroundings. The factory emitted dust, minerals, smoke, and sands and had polluted the water, land, and air of the area, which endangered the life and property of the local people. The Court held that Nepal’s constitutional provision protecting the right to life necessarily included the right to a clean and healthy environment in which to live that life. Because environmental protection is an issue of public interest and all citizens have an interest in public issues, individuals interested in protecting the environment, including non-governmental organizations, have standing before the Court. The Court ultimately denied the writ of mandamus because petitioners had not shown a violation of a specific legal duty. However, because effective remedies had not been put in place, the Court issued directives to the Parliament to pass legislation to protect the Godavari environment and the air, water, sound, and the environment generally, and to enforce the Minerals Act.

Date
Country
Nepal