Surya Bhakta Sangachhe

Town Controller,
Kathmandu Valley Town Development Plan implementation Committee,
Bhaktapur, Nepal.

SUMMARY This paper discusses changes which have occurred to the Kathmandu Valley since its inscription on the world Heritage List in 1979. and the factors which are putting it at risk. The Government of Nepal, in accordance with the recommendations of UNESCO/ICOMOS mission, has adopted few actions consistent with the "Convention concerning the protection of the world cultural and Natural Heritage" and its guidelines. Few actions already taken are: Fifth amendment of the Ancient Monuments preservation act Gazette Notification of the Revised boundaries of the Patan & Bhaktapur Monument Zones Bill on Decentralisation prepared for giving responsibility & authority to local Government. Co-ordination of concerned authorities in controlling development process. Preparation of plan of actions in Monument Zones of Bhaktapur, Patan, Swayambhu, Pasupati Nath and Changu Narayan. Creation of high level Co-ordination Body "Kathmandu Valley Development Council" headed by Prime Minister of Nepal. Adaptation of New building bye laws. 1. The World Heritage Site and its inscription The Convention concerning the Protection of World Cultural and Natural Heritage was adopted by the Conference of UNESCO in Paris in 1972. His Majesty's. Government of Nepal ratified the Convention on 20 June 1978. In Spring of 1979, His Majesty's Government requested UNESCO to assist the Department of Archaeology in the preparation of the nomination of Kathmandu Valley for inscription on the world heritage list. The nomination proposed was for a single World Heritage Site, incorporating seven monument-Zones identified as: the Darbar Squares of Kathmandu, Patan, Bhaktapur, the two Buddhist sanctuaries of Swaymnbhu, Baudhanath, the Hindu pilgrimage site of Pashupati and the hilltop Hindu sanctuary of Changu Narayan. The department of Archaeology deposited the nomination for the World Heritage List at the World Heritage Committee meeting on 25 May 1979, to be accepted by the 3rd Conference of the World Heritage Committee at Luxor/Egypt in October 1979. 2. Changes which have taken place in the World Heritage site Due to rapid population growth and extraordinary economic and development pressures, the Kathmandu Valley as a whole in recent years has suffered considerable degradation of its physical environment. This widely recognised process has severely affected the seven Monument Zone that make up the World Heritage site. Among factors that have had a negative impact, the single most disturbing has been the encroachment by new buildings of inappropriate design, in many cases of illegal, excessive, height, the visible use of cement and concrete and the demolition of historic residences in and around the Monument Zones. 3. Description of the World Heritage site 3.1 Kathmandu Darbar Square The WH nomination encloses a large area of the centre of Kathmandu, the boundary in most cases follows streets and lanes. Towards the West, it follows Dharma Path/Shukra Path up to Indrachowk, the broad streets that were laid out after the earthquake in 1934. Towards the south, it includes parts of the so-called "Freak Street", which since the early seventies, has been under heavy development pressure. The Monument Zone, as gazetted by HMG in 1984, represents a considered attempt to define a core area around the palace and its square, incorporating the houses on both sides of the streets that are located within the Monument Zone. In this Monument Zone, the Hanuman Dhoka Palace complex has been the object of intensive restoration and rehabilitation efforts since the early 1970s. Despite good maintenance and cleaning efforts, some buildings still need attention. The overall condition of the palace complex is satisfactory, although sections of the roof of Hanuman Dhoka palace require repair. Other monuments have been seriously encroached upon, both in the heart and edges of monument zone. 3.2 Patan Darbar Square The Monument Zone as defined in the nomination documents encloses a large area, which incorporates all blocks around the palace and its squares. The Monument Zone as gazetted by HMG in 1984 follows an earlier proposal made by Eduard Sekler in 1980. The boundaries run again along the streets and lanes. On the occasion of the UNESCO Mission in 1984, Eduard Sekler stressed that in the case of such a delineation, both sides of the street should be considered as being part of the monument zone. The revised boundaries of an extended Monument Zone, as proposed by the Patan Conservation and Development Programme and accepted in principle by the Department of Archaeology in August 1993, incorporates key landmarks on the edge of the Monument Zone, as well as buildings on both sides of the streets and lanes on its boundaries. The extension to the Patan Monument Zones had been gazetted and that this area of the World Heritage Site had been revised in 1996. 3.3 Bhaktapur Darbar Square The Monument Zone as defined in the nomination documents encloses a large area. The boundaries follow streets and lanes, thus incorporating all blocks around Darbar Square and Tamaudhi Square. The Monument Zone, as gazetted by HMG in 1984, retains the boundaries as proposed by the World Heritage nomination on the north, but almost everywhere else steps back for an entire block on the western, southern and eastern sides. Thus the squares of Khauma and Gahiti are not fully included and even Taumadhi Square is not fully incorporated. Due to the efforts of the Bhaktapur Development Project (1974-86) and less development pressures than in Kathmandu and Patan, Bhaktapur has retained its traditional town scape in almost every quarter of the town. Much of the modern development is centred on the new roads to the north and particularly to the south of the town, rather than in the centre of the historic city. Located in the most well-preserved of the historic cities, the Bhaktapur Monument Zone has not suffered as much from encroachment by inappropriate tall buildings as the other two Darbar squares. The general state of repair and maintenance is good. The existing Monument Zone over around the Darbar Square had been revised and a second Monument Zone around Dattatreya Square had been included in protected Monument Zone by Gazette notification, with the entire area of the historic city as a buffer zone including Kamal pokhari on the east and Siddha Pokhari on the west. The Hamumante river with its ghats would serve as the southern boundary of the zone, including a 20-metre stretch across the river bank, as well as the temples and ancestral shrines across Chupin Ghat and the hill sanctuary of Mahesvari, one of the protective mother goddesses of the town. 3.4 Swayambhu The Monument Zone, as gazetted by HMG in 1978 delineates the entire hill sanctuary as a protected area, including the circumambulatory path. The Monument Zone, as defined in the nomination documents, repeats the delineation of the gazatted Monument Zone. Following earlier discussions about the identification of a buffer zone around the hill sanctuary, the Swayuambhu Conservation Master plan proposes to incorporate the square of Bhuinkhel into the Monument Zone, to delineate a buffer zone extending 150 metres toward the north and to identify a special review zone with special height restrictions and design guidelines for new constructions. 3.5 Bauddhanath The Monument Zone as defined in the World Heritage nomination documents delineates a large area centered around the Bauddhanath stupa. A radius of 500 metres defines a buffer zone around the monument, without taking the structures of the landscape into account. The Monument Zone, as gazetted by HMG in 1984 has a considerably reduced buffer zone and was defined in relation to the buildings surrounding the central monument. The buffer zone which was defined in the World Heritage Site nomination forms was intended to protect the setting of the stupa. However, any attempts to do this have been almost entirely unsuccessful and it is now engulfed by new buildings which are spreading out over the surrounding farmland. In view of the loss of most of the stupa's historic setting, the boundary of the Bauddhanath Monument Zone should be reduced to encompass the surrounding houses only. 3.6 Pashupati The Monument Zone, as defined in the World Heritage nomination documents, encloses an area which includes the ancient Newar settlement of Pashupati / Deopatan and Mrigasthali forest, with the sanctuaries of Guhyeswari, Visvarupa and Gorakhnath. The northern boundary is formed by the Bagmati river, towards the west, the temple of Rajajesvari is included, while the ritual forest of Bhandarkhal is excluded. This Monument Zone has been gazetted by HMG, in accordance with the Pashupati Area Development Trust act. The boundary lines of this Pashupati development Area had been redefined & cover the area of the World Heritage nomination of 1979. 3.7 Changu Narayan The Monument Zone as defined in the World Heritage nomination documents of 1979 delineates an area that covers the entire hilltop of the sanctuary. The Monument Zone as gazetted by HMG in 1984 is smaller, recently the Kathmandu Valley Religious and Cultural Sites Development Project has identified a boundary which is smaller than the area defined in the World Heritage nomination documents. This extremely important hill sanctuary of great historic and artistic significance, deserves special care and attention. At present, the temple precinct and the adjoining village are still largely untouched by major changes and encroachments, but some work to improve the approach by repairing, has been undertaken and a larger parking lot with shops next to it are planned. New stone paving has been laid but the problem of drainage still needs a final solution so as not to pollute the pond at the village entrance. Any paving in the precinct itself must respect the present design. 4. Legal framework for the protection of the World Heritage Site 4.1 The legislation in force for the protection of the Kathmandu Valley WH Site is based on the "Ancient Monuments Preservation Act 2013, 1956" and its amendments. The fifth amendment is dated ......March 1996. 4.2 The legislation in force applies to only six Monument Zones belonging to the World Heritage Site. Pashupati Monument Zone has been gazetted in accordance with the provisions of Pashupati development Trust act. 4.3 The Department of Archaeology is responsible, within the Monument Zones, for granting permission for the installation of utilities, technological services, giving authorisation for new construction, reconstruction, restoration work and repair. The Department also has the power to request the demolition of unauthorised construction or construction work that does not correspond with the standards it has prescribed. 4.4 At the moment, the preservation of the World Heritage Site can only be attempted through the control of new construction, not through the safeguarding of existing historic structures. This is because the law had no mechanism for designating any structure per se as a monument, but instead the "place or area" where the monument is located is declared a monument rather than the structure itself. It is hoped that the fifth ammendment will provide to protect the structure of monuments, necessary; legal bases. 5. Management of the World Heritage site 5.1 Rebuilding The historical setting of the monuments and their surrounding fabric are being seriously eroded by new building activities which are permanently altering the historical character of the site, often in violation of existing building regulations, by: (i) the demolition of historic houses and their replacement by unfitting modern building; (ii) additions of floors to historic buildings; (iii) building of new structures in spaces that have historically been left open. A strategy should be developed to motivate and mobilise local government and the communities themselves to upgrade and conserve the urban environment within the Monument Zones. A programme of incentives and subsidies should be developed to encourage the retention and repair of traditional buildings. The heightening of traditional buildings through the construction of additional storeys be avoided in the Monument Zones. Designs for new buildings should harmonise with adjacent historic structures and model designs for typical facades and details should be developed. As a minimum, restrictions on maximum floor-to-floor height, number of storeys and a ban on cantilevers should be strictly enforced. It is essential that the use of traditional materials should be encouraged and their more efficient supply secured. Central and local government should discourage new constructions in the Monument Zones, but should instead support adaptive re-use and acquire threatened historic properties in private ownership. His Majesty's Government and the three concerned municipalities should provide a funding mechanism to support the conservation of historic property in private hands where owners are unable to meet such costs. Maximum tax exemptions should be given to donors who contribute to the preservation of cultural heritage. 5.2 Encroachment Monuments within the seven Monument Zones are being increasingly encroached upon by commercial vendors, advertisers and religious donations. These encroachments are extensive enough to seriously deface the historic character of the core areas. Unauthorised additions and alterations of places and objects of worship are taking place. Recently attempts had been made to clear the vendor from Durbar Squares & the action is been appreciated by General Public Apart from encroachment on individual monuments and Historic structures, encroachment by private individuals on open public space is also serious problem. Given the high population densities in the cities of the Kathmandu Valley, encroachment at ground level reduces the public living space available, as well as impairing the appearance of the streets or even actually damaging individual monuments. Encroachment by illegal projecting cantilevers of upper storeys also compromises the historic character of the streets whilst at the same time reducing the amount of light which reaches the ground, already restricted by their generally narrow width. 5.3 Traffic pressure Vehicular traffic constitutes a danger to the Monument zones and historic buildings which are constructed with timber and mud mortar. The recently promulgated regulations prohibiting the entry of vehicles into the three Darbar Squares of' Kathmandu, Patan and Bhaktapur are to be commended. Traffic management measures should be extended throughout the Monument Zones and their buffer zones. The existing system of access to streets and courtyards should be maintained and the loss of rights of way resisted. 5.4 Introduction of modern services The introduction of modern services has caused significant deterioration in the historic character of the Monument Zones. Overhead electrical wiring, the placement of poles and suspended transformers in the immediate vicinity of the monuments, as well as in the streets, are intrusive. The installation of dish antennae, telephone and cable - T.V. cables, as well as street-lighting equipment on historic facades are detracting from their character. The cutting of paving to install underground services, with subsequent sub-standard restoration, leads to rapiad deterioration of the paved surface. The overhead wiring and transformers within the Monument Zones should be put underground (paying due regard to archaeological cultural levels), dish antennae should be banned and the introduction and repair of water supply mad. sewage services should respect historic fabric. 5.5 Documentation Kathmandu Valley, the preservation of physical, environmental and cultural heritage: protective inventory (1975) is annexed to the nomination form for the World Heritage Site. This inventory and the list of individual monuments in the nomination form are neither complete nor do they identify buildings in private ownership as monuments. Due to the lack of such identification, many buildings, which provided the major part of the fabric of the Monument zones and the setting for the listed monuments, have been demolished. Documentation and recording must therefore play a primary role in the management and preservation of the structures within the Monument Zones. The detailed inventories should be compiled to identify national monuments, the status of which should exclude demolition. Special attention will have to be directed towards monuments in private ownership. Since these inventories will take a number of years to complete, preliminary lists should be prepared and gazetted annually. Recording of monuments and historical buildings in the World Heritage Site will need to be at a different level of detail, due to the large number of structures contained within the seven Monument Zones. In the case of monuments in which intervention in the form of repair or restoration is undertaken, it is essential that detailed and accurate records are prepared. In order that effective planning control in the Monument Zones can be implemented, house and street elevations should be prepared to document the urban fabric of the Monument Zones as they at present exist. 5.6 Conservation Practice Agencies involved in the conservation projects are the Department of Archaeology, the Patan Conservation and Development Programme, Municipalities, Department of Building, Department of Housing and Urban development, Town Development Committee, Guthi Sansthan, the Kathmandu Valley Preservation Trust, Private Guthis, individuals and other agencies. "Living" monuments in the Monument zones are actively worshipped and traditional practices of renovation, repairing and adding to monuments as votive offerings are the norm. These practices, in combination with a popular taste for cement plaster and other modern materials, make preservation of historical fabric challenging. One must acknowledge that traditional and historical practices of rebuilding in Nepal differ radically from building conservation norms as prescribed by the International Convention Concerning the Protection of Cultural Heritage. To achieve conservation of historical fabric will require greater efforts to direct and monitor local endeavours insensitive to the beauty of things past. 5.7 Repair in situ versus rebuilding With notable exceptions, the majority of conservation projects executed by local groups, government agencies, and international organisations has favoured rebuilding of historical structures over repairs in situ, and has often replaced rather than conserved historical materials. Over the years a great deal of valuable and irreplaceable historical fabric has been thus sacrificed, detracting greatly from the authenticity of the World Heritage Site. The tendency to rebuild when repair only would have been necessary has also been the norm in more recent conservation by international and local efforts. The promotion of more conservative practices of repair is highly recommended. In particular, the current practice of dismantling as an inherent element of repair should be avoided wherever possible in favour of repair in situ. 5.8 Masonry wall construction The traditional wall construction is typically deficient in both corner and through-wall bonding. Noteworthy is the three-layered wall section of outer conical veneer brick (Newari: daci apa), interior common brick (Newari: ma apa) and middle rubble fill. Traditionally, only mud mortar had been used for historical construction. One of the most important visual characteristics of the historical facade is the hairline jointing of the veneer brick whose tapering height and width allows sufficient mortar thickness behind the face of the wall. Damp-proofing measures are not part of traditional practice, thus many historical walls are severely spelled at heights of up to two metres. 5.9 Seismic reinforcement A major technical challenge is presented by the possible need for seismic reinforcement, given that the Kathmandu Valley is located in an high-risk earthquake zone and has historically suffered a serious earthquake at roughly 100 years intervals. Nevertheless, the possibility of earthquake damage should not be used as an excuse for overzealous and destructive interventions.

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