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 <strong>Jan</strong>uary-<strong>Feb</strong>ruary <strong>2011</strong>
<strong>Jan</strong>uary-<strong>Feb</strong>ruary <strong>2011</strong> 17 www.spacesnepal.com
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