| CS, PWD secy restrained from making construction at Raj Bhavan | | | Early Times Report
Jammu, Mar 25: The state chief secretary and PWD secretary were today directed by the principal sessions judge, Jammu, not to make any 'substantial construction' at Raj Bhavan, which is being used as the official residence of J&K governor.
The court directive came in a petition filed by Hari-Tara Charitable Trust through its trustee, Dr Karan Singh, son of Maharaja Hari Singh, against the state, seeking eviction of Raj Bhawan.
The court issued notice to the CS and the PWD secretary Chief Secretary returnable before May 12 next.
They were also directed to file objections.
The judge, after hearing the two sides, directed the CS and the PWD secretary to maintain status-quo with regard to alienation of suit property as it exists today, asking them not to make material or substantial construction or alternation in the suit property till final disposal of the case.
The petitioner submitted that the property was taken on a month to month lease by the governor from Maharani Yasho Rajya Lakshmi, wife of Dr Karan singh, vide duly executed lease deed on May 1, 1967 on a monthly rent of Rs 4,000. Yasho Rajya Lakshmi and Dr Karan Singh created a public charitable trust under the name and style of 'Hari-Tara Charitable Trust' by a deed of trust on January 15, 1970 and dedicated their properties comprising of Ranbir Mahal and Karan Niwas with attached out houses alongwith all the land underneath and appurtenant thereto, and, another property comprising of three Manda Staff Houses -- 3AB, 4AB and 5AB -- with land underneath and appurtenant thereto, situated in Jammu.
It was 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 even though the 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 petitioner also sought a direction to the defendants to hand over the possession of the suit property to him along with a decree for recovery of Rs 1,63,68,000 as compensation for the alleged unauthorised use and occupation of the 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 till its possession was handed over to the plaintiffs along with an interest at the rate of 24 pc per annum thereon. (JNF) |
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