State Of Himachal Pradesh And Others v. Mahendra Pal And Another

State Of Himachal Pradesh And Others v. Mahendra Pal And Another

(Supreme Court Of India)

Civil Appeal No. Of 1993 (Special Leave Petition (Civil) No. Cc 20204 Of 1993) | 30-11-1993

1. Delay condoned.

2. Leave granted. This appeal is directed against the order of the High Court dated September 25, 1992 restraining the State Government of Himachal Pradesh from enforcing the Himachal Pradesh Kutlehar Forest (Acquisition of Management) Act, 1992. Shri Thakur, learned Senior for respondents has contended, placing reliance on the judgment of this Court in Balmadies Plantations Ltd. v. State of T. N. that the Court is justified in issuing direction not to implement the provisions of the Act. He seeks to contend on merits with regard to the validity of the Act and also right to continue the management of the forest. We decline to go into the merits since admittedly the matter is part-heard and pending disposal in the High Court. Any observation by this Court would have effect on the rights and interest of either party. Suffice to state that this Court while exercising the power under Article 142 suspended the operation of Gudalur Jarmam Estates (Abolition & Conversion of Ryotwari) Act (24 of 1969) which power is not available to the High Courts. Therefore, the High Court is not justified in restraining the State Government from implementing the provisions of the Act passed by the legislature. The validity, as stated earlier, is the subject-matter of the writ petition. As far as the management of the forest is concerned, under the Act the State Government is to undertake its management. It is stated across the Bar the some trees are to be cut and to be sold by the Forest Corporation. Since the matter is part-heard, the State Government is directed not to cut and sell the trees which it takes over from the respondent pending disposal of the writ petition in the High Court. If any further directions are needed, it is open to the parties to approach the High Court for appropriate directions.

3. The appeal is allowed. No costs.

Advocate List
Bench
  • HON'BLE JUSTICE K. RAMASWAMY
  • HON'BLE JUSTICE KULDIP SINGH
Eq Citations
  • (1995) SUPPL. 2 SCC 731
  • LQ/SC/1993/1036
Head Note

Constitution of India — Art. 226 — Maintainability — Interim orders — High Court restraining State Government from enforcing provisions of Act — Sustainability — High Court not having power to suspend operation of Act — High Court directed not to cut and sell trees pending disposal of writ petition in High Court