KATHMANDU, July 9: The construction of the controversial Kathmandu Tower can now proceed after the Patan High Court issued an interim order in favor of the contractor company, Jaleshwar Swachchhanda Bikai Builders Pvt. Ltd. The court’s decision on Monday has effectively opened the way for the project to continue, which had been stalled amid intense dispute within the Kathmandu Metropolitan City (KMC).
The issue is rooted in an internal conflict that recently erupted in KMC. Originally, the tower was approved for 12 stories, but Chief Administrative Officer Saroj Ghimire Guragain later authorized a revised building plan allowing for 19 stories. This prompted Mayor Balen Shah to accuse Guragain of corruption, launching an investigation that led to Guragain’s suspension. On January 23, KMC formally instructed the contractor to halt construction through an official letter (Dispatch No. 78).
The fallout from this disagreement has deeply divided municipal employees and elected officials, stalling the city's budget approval process.
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In response to the halt order, Jaleshwar Swachchhanda Bikai Builders filed a writ petition at the High Court Patan. On Monday, a single bench of Justice Prakash Kharel issued an interim order instructing that the construction should not be stopped.
The court has ordered Kathmandu Metropolitan City to submit a written response within 15 days—excluding travel time—detailing why the petitioner’s request for continued construction should not be granted, and to support this with reasons and evidence.
The order notes that the construction company had received official approval from the municipality to increase the number of floors and had already paid a map approval fee totaling Rs 23,002,128.
Given that the building plan approval remains valid and in accordance with the signed agreement, the court stated that it would be appropriate to allow the company to continue construction, recognizing their legitimate expectations under the agreement.
Based on these considerations, the court has provisionally suspended the implementation of KMC’s earlier directive (Dispatch No. 78 dated January 22) that halted construction. Until the final verdict on the writ petition, the court has ordered Kathmandu Metropolitan City not to enforce the decision or carry out any actions contradicting the approved building plan.
