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17. Permission of the Council to be obtained

17.1 Notwithstanding anything contained in the prevailing Nepalese laws, Royal Seal, Sanad, Sawal, and other instruments, no person may transfer in any manner the land owned and possessed by him or her and make any construction related work in the places prohibited by the Council58 within the Pashupati area for the purpose of implementing, as required, the approved plans and programs for the accomplishment of the objectives of the Trust.

17.2 In determining standards pursuant to Sub-section 17.1, the Council59 may also determine and enforce standards on buildings, roads, ways, bridges, sewerage, water exits, toilets and telephone lines, pillars and other basis public utilities.

17.3 No person may, without prior approval of Council,60 make new construction, reconstruction, alteration, change in the existing foundation and style, repair or other construction related work in any land owned and possessed by him or her within the places specified by the Council upon determining the standards pursuant to Sub-section 17.1.

17.4 The Kathmandu Valley Town Development Planning Implementation Council, Municipality61 or other bodies with responsibility of giving approval on construction related matters with or without design approval or approving designs shall not approve designs or give approval with respect to construction, without obtaining prior approval of the Council.62

17.5 If any person does any construction work with or without getting its design approved, without prior approval of the Council,63 in respect of the construction work that has to be done with the prior approval of the Council,64 or anybody approves a design in respect of such a work, the Council65 may punish such a person who does such construction work and the concerned person or body approving the design with punishment up to the extent mentioned in Sub-section 18.1 of Section 18 of the Town Development Act, 2045 (1988)66. The Council67 may stop any construction related work being done without obtaining prior approval of the Council68 and any construction related work approved in contravention of the standards or policies and directions specified or given pursuant to Sub-section 10.1.1769 and demolish such work if already built, and may also recover the expenses incurred in such demolition from the concerned person.

17.6 A party who is not satisfied with an order to stop, demolish construction related unauthorized work or impose punishment pursuant to Sub-section 17.5 may make an appeal to the Court of Appeal70 within Fifteen days of the hearing or getting of such an order. Any decision made by that Court on that matter shall be final71 .

17.7 The Council72 may so provide, control and prohibit that approval has to be obtained from the Council73 to ply and park motor vehicles, make motion pictures, take photographs, post posters or pictures, making any kind of fair or other publicity within the Pashupati area.

17.8 If approval is given in contravene of the standards, policies and directions fixed and given by the Council74 in relation to giving approval of construction related work, the concerned person of the Kathmandu Valley Town Development Planning Implementation Council75 shall be liable to departmental action.

17.9 The functions required to be performed by the Council76 shall be performed by the Kathmandu Valley Town Development Planning Implementation Committee. Provided that, if it so wishes, the Council77 may itself perform such functions or cause the same to be performed by any other body or authority, at any time.

17.1078 If any act of transferring title to or changing title to any trust land or public or government land within the Pashupati area or otherwise assigning possession and use of such land to another person in pursuant to the right conferred by the laws in force has been carried out without obtaining prior approval of the Council, the Government of Nepal may void such act at any time.


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