KATHMANDU, Sept 3: The Supreme Court has ruled that “if Lumbini is destroyed, another Lumbini cannot be created” and has ordered industries causing pollution in the area to either relocate or shut down within two years to safeguard its environment.
The division bench of Justices Kumar Regmi and Sunil Kumar Pokharel issued the order, which prohibits the establishment of new industries that emit dust, smoke, or carbon within 15 kilometers north, east, and west of the Lumbini Development
Area’s boundary wall, and up to the Indian border in the south.
The court further directed that industries already registered and operating in the region must be prioritized for relocation. It also ordered that such industries should not be approved for capital expansion, capacity enhancement, or additional purposes. “Industries can be relocated, but Lumbini cannot,” the order states, warning that if rising pollution in the area is not controlled, Lumbini risks being delisted from UNESCO’s World Heritage List. UNESCO listed Lumbini as a World Heritage Site in 1997.
While recognizing that industries provide jobs and contribute to revenue, the court emphasized that Lumbini itself is a great spiritual industry whose positive impact on the national economy through tourism far outweighs that of other industries.
Lumbini, revered by nearly two billion people worldwide as a center of religious faith and a symbol of peace and nonviolence, is located in Nepal and must be preserved as the birthplace of Lord Buddha for the sake of global humanity, the ruling stressed.
The court noted that Lumbini holds Outstanding Universal Value as a religious, cultural, and archaeological heritage site, making its protection a matter of global significance.
Manik Ratna Shakya, a professor at Lumbini Buddhist University, welcomed the ruling. “This decision is commendable for protecting a world treasure,” he said, adding that the Greater Lumbini concept must also ensure the preservation of surrounding areas.
Other sites linked to Siddhartha Gautam Buddha’s life, such as Tilaurakot—the capital of the Shakya kingdom—and Ramgram, which houses Buddha’s relic stupa, are on UNESCO’s tentative list. Their historical, archaeological, religious, and cultural significance has given Nepal a distinct global identity.
The Lumbini Development Trust, which has long been working for the area’s development, also expressed happiness. “This is the result of our long struggle,” said spokesperson Gyanin Rai. “The Supreme Court has delivered justice to this ancient land. We now await its implementation.”
Rai added that the ruling has brought hope at a time when pollution in Lumbini was becoming alarming. “There was even a time when reports claimed Lumbini was more polluted than Ratnapark in Kathmandu. This verdict gives us renewed optimism.”
The court’s order followed a litigation filed by senior advocate and chairman of Pro Public, Prakash Mani Sharma, along with others, who argued that industrial activities were undermining Lumbini’s religious, cultural, and archaeological significance.
The decision also builds upon a 2009 Industrial Promotion Board resolution to curb pollution in the area. Under the order, polluting industries must be shut down or relocated, and once the industrial sites are vacated, tourism-friendly businesses can be promoted instead.
Furthermore, the court directed restrictions on the movement of heavy vehicles weighing more than 19 tons in the Lumbini-Bhairahawa corridor. The Supreme Court expressed confidence that its order would help safeguard Lumbini’s World Heritage status, control environmental pollution, and uphold its religious and cultural importance.
Lumbini is believed to be the birthplace of Gautam Buddha in 623 B.C. Its most authentic historical evidence includes the Ashokan Pillar, erected by Emperor Ashoka in 249 B.C., bearing inscriptions in Brahmi and Pali scripts identifying Lumbini as Buddha’s birthplace. The pillar, however, has been deteriorating due to environmental pollution.
Ecologically, Lumbini is equally significant. It is home to 16 wetlands that serve as habitats for various species, including the Sarus crane. A recent study found that of the 690 Sarus cranes in Nepal, 652 are found in Lumbini. The judgment notes that severe pollution is threatening the habitats of these endangered birds.
“This verdict will have a positive impact across multiple sectors,” spokesperson Rai said. “We eagerly await its effective implementation.”