SECTION XV

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL No. 6677 OF 2019

WITH

INTERLOCUTORY APPLICATION Nos. 117030 OF 2020 AND 25336 OF 2023

(Applications for Impleadment)

AND

INTERLOCUTORY APPLICATION Nos. 42568 OF 2021 AND 25353 AND 134658 OF 2023

(Applications for directions)

AND

INTERLOCUTORY APPLICATION Nos. 134661 AND 134873 OF 2023

(Applications for exemption from filing Official Translation)

Process Id: 650/2023

OFFICE REPORT

The appeal above-mentioned was listed before the Hon'ble Court on 23rd March, 2023, when the Court was pleased to pass the following order:

"Applications seeking exemption from filing O.T. and permission to file additional documents/facts/annexures are allowed.

we have heard the parties at some length, perused the reports submitted by Mr. Justice (Retd.) Pradeep Nandrajog and other material placed before us by the parties and also considered the application of 9 applicants who claimed that they are sought to be removed in pursuance to the orders of this Court dated 18.1.2023 even though they have a semblance of a right as a tenant. In fact it is submission of the learned counsel for the applicants that there are 35 occupants of some part of the structures constructed for the employees of the Raja of Khetri. In order to appreciate the area with which we are dealing, we had the benefit of google map submitted by Dr. Manish Singhvi, learned Senior Counsel appearing for the State of Rajasthan and that Google map will form a part of the order passed today as Annexure-A.

The report submitted by the respondent-Trust under the heading Encroachments, Plunder & Arson of escheated properties in possession of the State also contains a map at the inception and we make it part of the order as Annexure-B. A comparison of the two maps show that there is really no cavil to the issue as to what is the area we are dealing with.

In Annexure-B what the area has been marked as dark blue is actually the area of Annexure-A which is marked as 5, 6, 7, 8, 9, 10, 12 and 13 (a road). At the inception there was a caveat raised by Dr. Singhvi about inhabitant area known as Vivekanand Colony, Appolo Housing Society which is at serial number 11, 14 and 27. In this behalf Mr. C. A. Sundaram, learned senior counsel submits that there is really no dispute as rights were given to various parties who have constructed on it but somehow sale deeds could not be executed and that is why their status is being shown as tenants but no claim is being made in respect thereof. The only aspect he clarifies is that at serial No.27 a part of the land is of the Vivekanand Colony and not the whole.

The perusal of the Google map also shows that the concerned areas enumerated above with which we are concerned does not show any large scale habitation or encroachment. We re-emphasis that the area needs to be protected and the State Government is bound to do so.

The aforesaid brings us to the issue of the applicants who seek to rely on rent receipts issued prior to the Raja of Khetri's death and even post that. Some inquiry would have to be made in this behalf. It is agreed that following procedure be followed:-

1. The Collector of the area concerned, to the extent he finds encroachments will issue notice to all the parties if not already issued within a period of three weeks from today. If the Trust is of the view that there are certain encroachments, it is open to the Trust to bring it to the notice of the Collector.

2. The parties concerned will be required to file a response before the Collector within a period of two weeks of the receipt of the notice.

3. The entitlement of their rights will be looked into by the Chairperson of the Committee appointed by us i.e. Mr. Justice (Retd.) Pradeep Nandrajog. He will be assisted in this process by the Collector, Officers under the Collector and Revenue Authorities. It is also open to him to seek assistance of any other authority as he may deem proper. The claimants will also be heard.

4. A report would be submitted thus by Mr. Justice (Retd.) Pradeep Nandrajog to this Court as we do not want the process to go into another rigmarole and we will take a final call on the issue.

We may notice that as per the report of the Khetri Trust referred to aforesaid there are other areas of encroachment in Khetri and in Jaipur. Dr. Singhvi has some reservation on the issue as according to him some of those lands may not have belonged to the Raja of Khetri. However, there is no cavil that encroachments must be removed whoever establishes claim over them and that is a matter the Collector will look into.

A suggestion has been made that in order to establish a proper interface with the Committee, an Amicus Curiae may be appointed by this Court. Mr. Rakesh Dwivedi, learned senior counsel who is present in Court volunteers to assist this Court and as he suggests, he may engage Ms. Sansriti Pathak as Advocate-on-Record.

We now turn to the report of Mr. Justice (Retd.) Pradeep Nandrajog titled as the 1st Interim Report. What emerges from the report is that in pursuance to our direction to INTACH and the ASI, two persons each were nominated. INTACH nominated Ms. Vijaya Amujura, Director Programmes, Architect Heritage Division of the INTACH and Ms. Malvika Bajaj as his two nominees. The latter was replaced by Mr. Rakesh Mittal, Director P&P INTACH as the nominee. The report opines that Mr. Rakesh Mittal is not a heritage architect but is having expertise in Finance, holding a Masters Degree in Business Administration (Finance) and additionally as a Cost Accountant.

We may say that the objective was not at the stage when we passed the order to appoint a finance person. However, we have no difficulty if Mr. Rakesh Mittal assist the Committee as a Finance Member because budgeting exercise would be required. We consider it appropriate to nominate Mrs. Gurmeet Sangha Rai, conservation architect, 3B, Green View Apartments, Jain Mandir Dadabari Road, Mehrauli, New Delhi-110030 as part of the Committee and her fee is fixed tentatively as Rs.40,000/- per sitting and Rs.1,00,000/- for the site visit apart from out of pocket expenses. The other members from INTACH will be paid as per directions of the Chairperson as observed in the order dated 18.1.2023.

The ASI made two nominations i.e. Dr. Vijay Kumar Gupta, Superintending Archaeologist Jaipur Circle and Mr. Shravan Kumar, Superintending Archaeological Engineer (Western Region) both of whom are stated not to be heritage architects.

Looking to the fact that there is restoration work and engineering aspects would be involved, we are of the view that it would suffice if Dr. Vijay Kumar Gupta who is Superintending Archaeologist in the Jaipur Circle continues to work with the Committee. As far as Mr. Shravan Kumar is concerned, that would amount to a duplication and thus he would not continue as member of the Committee.

Dr. Singhvi submits that in view of their being special invitees on behalf of the Trust, a person from the State Archaeological Department may also be able to assist the Committee. We are in agreement with the same and such a Member sent by the State would be a special invitee. We also make it clear that if the Committee needs any other special invitee, it is open for the Committee to invite the said person, an aspect again re-emphasised.

We may in the end note the role of one Nirbhay Singh. He is the person who is alleged to have issued receipts to the 35 occupants on behalf of the Management of Khetri House Hotel. It is also submitted by the State that he was in possession of the Registers dealing with movable properties and has not produced them despite reminders and in this behalf some FIRs have also been filed. We thus consider it appropriate to authorise the Chairperson of the Committee to summon Mr. Nirbhay Singh to appear before the Committee and produce all records in his power and possession relating to the properties of late Maharaja of Khetri. This is in relation to Khetri House, Jaipur. Insofar as movables of the other properties are concerned, compliance has not taken place by submitting the list of the movable properties. That list should be filed before this Court with a copy to the Committee within two weeks. This is stated to be the current position. However, the State cannot wash it hands off when it took possession of the property under Escheat proceeding 1987 and there is bound to be a list of movable properties which would have been enumerated. If such a list has been prepared it should be filed with a copy to the Committee or an affidavit should be filed that no such list was prepared whereupon we make it clear that if movable properties are missing the burden will fall on the State of Rajasthan. The needful be done within six weeks in this behalf.

We are informed that insofar as the appeal proceedings arising in the probate matter are concerned, they are at the stage of rejoinder. We would request the Chief Justice of the Delhi High Court to make available the Bench presided over by Hon'ble Mr. Justice Najmi Waziri and Hon'ble Mr. Justice Vikas Mahajan to conclude the hearing in FAO (OS) 347/ 2012, FAO (OS) 348/2012 and FAO (OS) 211 2013 otherwise the 17 hearings already held have the possibility of going waste unless the hearing is concluded before the ensuing summer recess.

A copy of the order be sent to the Chief Justice of the High Court of Delhi.

In view of the purpose for which it was made part heard having been sub-served, the matter need not be treated as part heard.

List on 18th July, 2023."

It is submitted that pursuant to above-quoted order, copy of the order dated 23.03.2023 was issued to Hon'ble the Chief Justice of the High Court of Delhi on 01.04.2023.

It is further submitted that Justice (Retd.) Pradeep Nandrajog, Chairman of the Committee has on 07.07.2023 filed Report. (Copy of the same is included in the appeal paperbooks)

It is further submitted that Counsel for Respondent Nos. 1 to 4 has on 17.07.2023 filed an application for direction alongwith an application for exemption from filing Official Translation and the same have been registered as I.A. Nos. 134658 and 134661 of 2023 respectively. (Copy of the same is included with appeal paperbooks)

It is lastly submitted that Counsel for the Appellant has on 17.07.2023, e-filed an additional affidavit alongwith an application for exemption from filing Official Translation which has been registered as I.A. No. 134873 of 2023 respectively. (Copy of the same is included with appeal paperbooks)

Service is complete.

The appeal above-mentioned is listed before the Hon'ble Court with this Office Report.

Dated : July 17, 2023

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