SC rejects Himachal ex-ruler’s claim over forests

NEW DELHI, APRIL 10: The Supreme Court has rejected outright the claim of an ex-ruler of Himachal Pradesh that his right over a forest wi...

NEW DELHI, APRIL 10: The Supreme Court has rejected outright the claim of an ex-ruler of Himachal Pradesh that his right over a forest within the domain of his erstwhile princely state was equal to that of the government.

A Division Bench comprising Justices V N Khare and R P Sethi in its recent ruling set aside a High Court order upholding Raja Mahendra Pal’s claim that as his ancestors had protected and maintained Kutlehar forests in Kangra district his right over it was similar to the state government.

In 1958, the government appointed Mahendra Pal as a forest superintendent and the employees working under him in the Kutlehar forests were declared as forest officers. As per the terms of his appointment, the ex-ruler was entitled to retain three-fourth of the income derivable from the forests and the rest accruable to the State Government.

However, in 1990 the state government took over the management of the forest from the ex-ruler, who appealed in the High Court challenging the validity of thegovernment notification in this regard on the ground that his fundamental right to livelihood was guaranteed under Article 21 of the Constitution. The High Court had upheld his contention.

The apex court Bench held, "The right to livelihood as contemplated under Article 21 of the Constitution cannot be so widely construed which may result in defeating the purpose sought to be achieved by the aforesaid article.

"It is true that the right to livelihood would include all attributes of life but the same cannot be extended to the extent that it may embrace or take within its ambit all sorts of claims relating to the legal or contractual rights of the parties completely ignoring the person approaching the court and the alleged violation of the said right," it added.

While dismissing the claim of the ex-ruler and allowing the appeal of the state government, the court directed Raja Mahendra Pal to refund within three months all the sums of money received by him following the High Court judgement.

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The Benchsaid despite independence of the country about half a century back and the establishment of a democratic set up with the declaration in the constitution to have a secular, socialist republic in the country, "there are people and organisations who have not mentally reconciled with the realities of life and the writings in the chapters of history for various reasons including their vested interests."

Describing Raja Mahendra Pal as one such person, the Bench said "ignoring the establishment of the rule of law and the development of the Constitutional set up, they have made and are making fanatic efforts to sabotage the path of the goal intended to be achieved for the welfare of society."

It said ignoring verdicts of the apex court and various other pronouncements, efforts have been made to reverse back the wheel of history merely for personal gains to quench the lust for money and power.