Kathmandu, July 5
Constitutional bench of the Supreme Court today ordered to procure the case file of the verdict delivered by it in a case filed by former Princess Prerana Rajya Laxmi Devi Singh.
The order was passed by five member-constitutional bench comprising Chief Justice Cholendra Shumsher JB Rana, Deepak Kumar Karki, Kedar Prasad Chalise, Meera Khadka and Hari Krishna Karki.
Former princess Prerana Rajya Laxmi Devi Singh had filed a petition at the constitutional bench of the SC on December 21, demanding the apex court’s verdict of nationalising her 15 ropani and one ana land, also known as Vijayaghar in Chhauni, be declared ultra-vires.
Striking down its one-and-a-half-year-old order, a full bench of the SC had on 5 January 2017, ordered the government to nationalise the land owned by Singh, the daughter of former king Gyanendra. She has also urged the court to scrap the government’s decision to nationalise her property which she got as a gift from her father Gyanendra when he was the king with absolute power.
She said the title of the property was held by former king Birendra which was transferred to her father, former king Gyanendra before it was gifted to her. She argued in her petition that Nepal Trust Act, which came into force on 6 January 2008, was retroactively enforced from 1 June 2001 and hence it was illegal.
She stated in her petition, “The SC’s conclusion that Section 4 (1) and (2) of Nepal Trust Act, 2008 have retroactive effects, which allowed nationalisation of her property was unconstitutional and unfair. These two provisions should be declared ultra-vires ab initio.”
A version of this article appears in print on July 06, 2019 of The Himalayan Times.