The Jaipur Metropolitan Court has turned down claims of erstwhile Jaipur royal family seeking possession of the historical Jaleb Chowk and nearby properties.
The metropolitan court magistrate, in the order, stated that the property was given to Rajasthan government by the erstwhile royal family through covenant. Hence the claim of Maharaja Sawai Man Singh Trust – II was rejected.
What erstwhile royals claim?
The erstwhile royal family in the appeal had stated the Jaleb Chowk complex was considered a private property through a covenant and was given to the government for its use on license.
“Now that the government is not using these properties for which it was licensed, these properties should be given back to the erstwhile royal family,” the petitioner argued.
What Rajasthan government claims?
Arguing in favour of Nagar Nigam, advocate Mukesh Joshi said that the covenant was executed between Government of India and the erstwhile Jaipur royal family in 1949. It was clearly stated in the covenant that Town Hall Building along with Jaleb Chowk and Rajendra Hazari Guard Building was handed over to the government for use. The maintenance was also the responsibility of the government.
The state government claimed that they have received the possession of properties through covenant not through license. Covenant can't be challenged before any court.
“There was no mention of returning or transferring the property back to the royal family in the covenant,” the state government argued.
The Background
In 1994, Jaipur Nagar Nigam launched anti encroachment drive in Jaleb Chowk and removed some temporary shops from there. The erstwhile royal family moved the court against the action of Nagar Nigam that Nagar Nigam had no rights to interfere in their properties.
“Temporary shops at Jaleb Chowk are in their possession and they were rented out on license. The license fees of these shops were deposited in the trust. Nagar Nigam should be prohibited from interfering in their properties,” the royal family had argued.
Hearing the petition, the court of judicial magistrate -V on July 24, 2018, served the judgement in favour of the trust. The Nagar Nigam appealed against the trust in ADJ court, which overturned the decision of the subordinate court and ordered for fresh hearing. Now after 30 years, the court has decided in favour of nagar nigam.
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