Excelsior Correspondent
JAMMU, May 12: In a petition filed by Rajya Sabha Member and former Sadr-e-Riyasat, Dr Karan Singh seeking eviction of Raj Bhawan, Principal Sessions Judge Jammu, R S Jain today issued fresh notice to Chief Secretary and Public Works Department Secretary.
After hearing Advocate Vikram Sharma for the petitioner, the court observed that notices issued earlier were not received back and no one was appeared on behalf of respondent. Accordingly, court issued fresh notice to Chief Secretary and PWD Secretary.
In the petition, it has been submitted that the Maharani of the State of J&K, Late Yasho Rajya Lakshmi, wife of Dr Karan Singh owned various properties in the State.
Out of her properties, a premises comprising of Ranbir Mahal and Karan Niwas with attached outhouses along with all the land underneath and appurtenant thereto measuring 126 kanals, including servant-quarters, lawns, orchards, trees, fences, ditches, passage, pathways and road leading up thereto from the city entrance was taken on a month to month lease by the Governor of Jammu & Kashmir vide duly executed Lease-Deed dated 1st May 1967.
The lease contained a clause to commence with effect from 01-05-1967 by mutual consent, on a monthly rent of Rs 4000. It has also been submitted that driven by their devotion to charitable causes, Late Maharani Yasho Rajya Lakshmi and Dr Karan Singh created Hari-Tara Charitable Trust by a deed of trust dated 15.01.1970 and dedicated their properties comprising of Ranbir Mahal and Karan Niwas with attached outhouses alongwith all the land underneath and appurtenant thereto and another property comprising of three Manda Staff -Houses No 3AB, 4AB & 5AB with land underneath and appurtenant thereto, situated at Jammu.
“The retention of the suit premises belonging to the plaintiff Trust by the defendants and its usage as a residence-cum-office of the Governor, is, by any comparison, not of greater necessity than plaintiff Trust’s requirement of putting the suit-premises and income there from for usage towards various charitable causes as set out in the Trust-Deed”, the petition said.
“The defendants, being a mighty and resourceful State, do have various options available at their end, for shifting the usage, as the suit-premises is being put to, to any other place, even though plaintiff Trust’s statutory right to seek possession of suit premises, after terminating the lease, remains unaffected by the availability or otherwise of such option with the defendants”, the petition said.
It has also been submitted that comparative analysis of the necessity of the suit land by the parties to the suit is no plank available to the defendants to deny the plaintiff Trust its property. “It is important to state that the respondents have not been able to provide a suitable State-owned accommodation to the Governor of the J&K State. The defendants, however, cannot retain the suit premises in perpetuity against the wishes of the plaintiff”, the petition said.
Seeking direction to pass a decree of ejectment against the defendants from the suit-property known as Ranbir Mahal and Karan Niwas along with land measuring 126 kanals, the petitioner prayed for directions to the defendants to hand-over the vacant possession to the plaintiff of the suit property alongwith a decree for recovery of Rs 16, 368,000 as compensation for unauthorized use and occupation of the suit premises with effect from the date of termination of the tenancy and also for such other future amount as compensation at the rate of Rs 50,000 per day of un-authorised use and occupation of the suit property by the defendants, till its possession is handed over to the plaintiffs along with an interest at the rate of 24% per annum.
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