Related to Devghat Forest Conservation.

Writ NumberYear 1996 (Date of decision) Writ Number 2346
Decision Date29 April, 1996.
Nepal Law ReviewYear 1996, Part 38, Month 1.
Decision Number6127
Petitioner and RespondentYogi Narhari Nath Vs. Prime Minister Girija Prasad Koirala, Office of Prime Minister, Singha Darbar and Others
SubjectRelated to Devghat Forest Conservation.
Court Order
Precedent established The petitioners have filed a writ petition under Article 88(2) of the Constitution of Nepal, 1990, concerning the lease of 42 bighas of land in the jungle north of Narayan Ghat Bazaar in Chitwan District to the International Society for Medical College by the late His Majesty’s government. According to Article 88(2), the Supreme Court has the extraordinary authority to issue necessary and appropriate orders for the determination of any constitutional or legal question involved in a public or legal dispute and to ensure the enforcement of such rights or resolve the dispute. In the context of writ petition number 1851 filed by Balkrishna Vs. the late His Majesty’s government, the special bench has elaborated that natural national resources are the collective property of all citizens of the country. From various perspectives such as economic development and environmental protection, there is a meaningful concern of citizens regarding these resources. If there are any actions related to the creation of national rights or obligations, and if any violation of constitutional provisions is observed, citizens have the right to file a petition under Article 88(2) of the Constitution. This interpretation suggests that, in the context of environmental protection and places of archaeological significance, the petitioners' concerns are considered to be of public interest and thus have locus standi. (Para. 18)

When making decisions on matters of national importance, the government must ensure that decisions are made in line with the constitution and laws, keeping national interests in mind. (Para. 19)
Although the court cannot enforce the Directive Principles and Policies of the State as provided by the constitution, if the government makes decisions contrary to these principles and policies, it is possible to point out such deviations. (Para.19)
The preservation and protection of objects and heritage of archaeological significance are the government's primary responsibilities. If we do not protect ancient artifacts, we risk forgetting our country's ancient civilization and culture. In places with religious significance that contain archaeological artifacts, if a medical college is constructed without proper excavation, it cannot be guaranteed that the ancient temples and artifacts will not be destroyed. (Para. 19)
In the decision to lease the land in the Devghat area, which is surrounded by forest and holds natural, religious, and archaeological significance, to the International Society for Medical College, the late His Majesty’s government has not provided specific reasons or justifications for granting this land. As a result, the decision dated 28 February 1994 by the late His Majesty’s government is deemed arbitrary. Therefore, the decision to allocate 42 bighas of land in Narayan Ghat, north of Bharatpur in Chitwan, to the International Society for Medical College is halted by certiorari order of the court.