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| J&K Govt fears eviction of Guv from Raj Bhawan | | Unauthorized occupation! | | Syed Junaid Hashmi
Early Times Report
JAMMU, Dec 16: Jammu and Kashmir Government has no place to house Governor, who is constitutional head of the State and Center's first representative, directly appointed by the President of the country with the concurrence of the Central Government.
This has been stated by Public Works Department (PWD) in its reply filed before the Principal Session Judge Jammu in response to petition filed by Hari-Tara Charitable Trust through its Trustee and Rajya Sabha Member Dr Karan Singh against State seeking vacation of Raj Bhawan, sources have informed Early Times. PWD Secretary Rohit Kansal has in the response stated that the State Government has no other premises suitable for being used as Raj Bhawan in Jammu and hence, the same cannot be vacated; sources said.
They added that PWD has pleaded that if court allows eviction, it would cause great inconvenience to constitutional head of state since state has no other place to house him in Jammu. PWD has further said that Hari-Tara Charitable trust which has sought return of premises comprising of Ranbir Mahal and Karan Niwas with attached outhouses along with all land underneath and appurtenant thereto measuring 126 kanals, including servant-quarters, lawns, orchards, trees, fences, ditches, passage, pathways and road leading up thereto from city entrance has no right to seek the same.
It has added that the trust is incompetent to end the lease because the lease is for residential purpose of an office having perpetual succession and hence, the lease has to be presumed as a lease in perpetuity considering no power with the leaser to terminate the lease unilaterally. The department has further said that Hari-Tara Charitable trust which is currently the owner of the premises has no right to terminate the lease unilaterally since it has lost this right the day, it signed the agreement with the State Government for leasing out this property.
Ironically, the department, according to sources has referred to section 30 of the Jammu and Kashmir Residential and Commercial Tenancy Act-2012 and said that after this act was invoked, the trust has lost the right to evict the tenant from the property of which they have been paying the rent regularly. Interestingly, the Act has been stayed by the High Court in a PIL which is pending for disposal since long yet the department, according to sources has referred to this Act and stated that the trust has lost the right to evict them.
Without taking note of trust seeking return of its property for being put to some other use which would be in consonance with its objectives, sources said that PWD has asked the owner "Hari Tara Charitable Trust" to remain content with monthly rent of Rs.96000 being paid to it. They have further said that purpose of the trust can be achieved with retention of the property by the state which has increased the rent from Rs. 4000 per month in 1967 to 96000 per month with increase of 25 percent every 5 years in terms of Government Order No. 587 GAD of 2007 Dated 21-05-2007.
Thus, the department has out-rightly refused to return the property which belongs to Hari-Tara Charitable Trust and which was leased out to the Government just because it has no place suitable to house Governor, the constitutional head of the state. It needs to be mentioned here that a petition was filed by Hari-Tara Charitable Trust through its Trustee and Rajya Sabha Member Dr Karan Singh against State seeking eviction of Raj Bhawan in court of Principal Sessions Judge Jammu.
Court has issued notice to Chief Secretary and PWD Secretary for filing objections. The trust had filed the petition through Advocate Vikram Sharma. It needs to be further mentioned that the premises had been leased out by Late Yasho Rajya Lakshmi, wife of Dr Karan Singh on a month to month lease to Governor of Jammu & Kashmir vide duly executed lease-deed dated 1st May 1967. After having leased out their property, 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 these properties to it. |
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