1. Jan-Feb 2011

CONTRIBUTORS
Ar. Kai Weise
Ar. Yatra Sharma
Ar. Sachin Baral
Ar. Kai Weise is a Nepali national
of Swiss origin. He completed
his Masters in Architecture from
the Swiss Federal Institute of
Technology, Zurich in 1992 and
has been working as a Planner and
Architect in the Himalayan Region.
Ar. Weise has been working in various
capacities as a UNESCO consultant
and advisor to the UNESCO office in
Kathmandu since 2004. He has been
involved in preparing Management
Plans for various World Heritage
properties; Kathmandu Valley,
Lumbini and the Mountain Railways
of India. (paharnepal@gmail.com)
Ar. Yatra Sharma is a post
graduate in Urban Management
and Development studies from
the Netherlands, Institute of
Housing Studies. After graduating
in Architecture from Pulchowk
Engineering College, she was
involved in various architectural
projects in both government and
private sector. Currently, she is
teaching at Khwopa Engineering
College and is involved in a range of
architectural and urban research
works.
(yatrasharma@gmail.com)
Ar. Sachin Baral obtained his
Bachelor’s degree from Shivaji
University, Maharashtra, India
and Master’s in Urban Design
from University of Hong Kong.
He has been associated with the
Kathmandu Engineering College
since 2002 in different capacities
and also practices through his
architectural firm Neo-Praxis Consult
(P). Ltd. Ar. Baral plans to further his
professional practice in Australia in
the near future.
(sachinbaral@hotmail.com)
MESSAGE
FROM SONA
It was on a good sunny day, Dec 23th , that we
all in the executive committee of SONA decided
to head towards Bhaktapur Durbar Square from
our usual place at De Valley Restaurant in search
for a venue. As the head count increases beyond
a dozen it has been a usual ritual in the Society
to hunt for a table for meeting as we are mired
by lack of space since the beginning. The dire
situation of the Society may be better explained
by the small den we occupy at Kalmochan Ghat,
Tripuresor, although we ought to be thankful to
Guthi Sansthan. Nevertheless, we ardent fans
of the architectural community in the executive
committee are always in the mercy of the monkeys
who aimlessly loiter around the premises.
The last few meetings of the Society has been
very peculiar as we decided to embark on a
momentous journey to find our own space in spite
of limited means. Our predecessor must have tried
umpteen number of times to get solace from the
government for the basic dwelling rights of SONA, which could be a discarded plot - a space which
could possibly fit a few tables and chairs - but only in vain, always finding cover in the shadow of
Narayan Mandir at Kalmochan Ghat. With the resources that we have, owning a footprint for the
building is beyond imagination, but possibly we can buy a space in an Apartment or Commercial
building or develop some land on lease on charitable basis. Now the biggest concern has been that
are these available spaces governed by the legislation for commercial office setup?
Going back to the venue of the meeting at Bhaktapur Durbar Square, I was rather amazed to see
some instances where small traders operate in the plaza of Taumadhi around the majestic fivetiered
Nayatapol and Sidhi-Laxmi Temple. The fortress built during Malla Dynasty still glorifies the
richness of Nepalese traditional architecture. Presumably we should be borrowing the essence of our
mindset by the virtue of our heritage and culture. The traders operating there since generations have
been enjoying equal rights and commands on business as the shared owner of the property. Their
business running through centuries must have been pivotal for the economy and a predominant
factor defining courtyard architecture of the old cities. Unfortunately these days the primary owners
of the dwellings in many part of the city are lost into oblivion by limitation of the law. Alas! They
were the ones to imbibe ’Athiti Devo Bhava’ by subletting the space to traders on lease, literally
succumbing to the cruelty of legislation with the limited option
The usual slim dwellings we bump around in many areas of the city are the byproduct of ownership
act. The properties are divided and subdivided ending to a situation which merely fits the stair lobby
as if people are never meant to lose their building foot-print by the interpretation of the existing law.
Here I shall quote a fable where a king tells his peasant that he shall own the entire stretch of land
he fathoms in a single day; the desperate man covered such a large distance, ultimately leading
to heart failure by exertion and gained nothing. The sporadic emergence of commercial activities
around the nooks and corner of the valley is one of the biggest culprits for outward migration of true
dwellers of the core area. The basic problem at this juncture is our legislation which rarely allows
vertical ownership of the land. The sentimental value of the owner never allows people to leave their
property if their rights are protected by law, irrespective of the price it can fetch. In earlier times, the
dwellers and the traders used to coexist and own it jointly as in Taumadhi, Bhaktapur. Albeit things
are changing slowly with the emergence of Nepal Apartment and Housing Act which allows owning
and sharing common facilities in multiple levels. But can it be applied to commercial setup is a big
question to be answered.
But surprisingly, the limitation on the legislation for the ownership of vertical space for different use
has created smart ways to float building as transactional shares. There are numerous examples of
property being owned in that fashion. The repercussions are yet to be seen for nuisance reasons if
people are not allowed to own spaces vertically as evident from existing property ownership laws.
The government shall have to act swiftly to revive the existing building ownership act for commercial
property for better reasons - the very fundamental aspect hindering the growth of good urban
spaces in Kathmandu valley.
With this note, as the Society is embarking on an ownership spree, I shall advise the authorities to act
judiciously to protect the rights of so many buyers and the investors, who have started enjoying the
benefit of coexistence in the commercial setup before it is too late! And lastly let me conclude this as
a food for thought that the society has envisaged for a better Kathmandu.
Debesh Raj Bhattarai, General Secretary, Society of Nepalese Architects
www.spacesnepal.com 16
January-February 2011