Excelsior Correspondent
JAMMU, Mar 25: In a case filed by Hari-Tara Charitable Trust through its Trustee Dr Karan Singh, son of Maharaja Hari Singh against the State, Principal District Judge Jammu Sanjay Gupta has issued notice to the Chief Secretary and Secretary Public Works Department with the direction not to carry out any further construction in Raj Bhawan.
After hearing Advocate Vikram Sharma appearing for the petitioner whereas Advocate HA Siddiqui appearing for the State, the court observed, “the premises at present is being used as official residence of Governor and in order to keep suit alive and to protect the suit property, Chief Secretary and Secretary Public Works Department are directed to maintain status-quo with regard to alienation of suit property as it exists today”, adding “they shall not make material/ substantial construction/ alternation in suit property till final disposal of the case”.
During the course of hearing, Advocate Vikram Sharma submitted that the Maharani of the State, Yasho Rajya Lakshmi, wife of Dr Karan Singh owned various properties in J&K. 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 was taken on a month to month lease by the Governor of Jammu & Kashmir from the erstwhile owner Maharani Yasho Rajya Lakshmi, vide duly executed Lease-Deed dated May 1, 1967.
The lease contained a clause to commence with effect from May 1, 1967 by mutual consent, on a monthly rent of Rs 4000. Driven by their devotion to charitable causes, Maharani Yasho Rajya Lakshmi and Dr Karan Singh created a public-charitable trust under the name and style as ‘Hari-Tara Charitable Trust’ by a Deed of Trust dated January 15, 1970 and dedicated their properties comprising of ‘Ranbir Mahal’ & ‘Karan Niwas’ with attached outhouses along with all the land underneath and appurtenant thereto, another property comprising of three Manda Staff -Houses Number 3AB, 4AB & 5AB with land underneath and appurtenant thereto to the Trust.
It has been submitted that 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. It has also been submitted that 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.
“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 counsel for the trust said.
It has further been prayed before the court that directions be passed to the defendants to hand-over the suit property along with 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 percent per annum.
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