Latest news with #HarishSalve
Time of India
3 days ago
- Business
- Time of India
Jaipur royals want state to return 145-yr-old Town Hall
NEW DELHI: Supreme Court on Monday agreed to examine whether a pre-Constitution covenant facilitating merger of Jaipur princely state with the Dominion of India could decide the ownership claim of the erstwhile royal family over the 145-year-old Sawai Man Singh Town Hall, or Old Vidhan Sabha, now proposed to be converted into a heritage museum. Tired of too many ads? go ad free now It will also examine whether courts, including the SC, was barred under Article 363 of the Constitution from entertaining any dispute arising from treaties and covenants entered between an erstwhile ruler of an Indian state and to which the govt of the Dominion of India or any of its predecessor govts was a party. Rajasthan govt's Oct 2022 decision to convert the building, used as state assembly from 1952 till the 1990s, into a heritage museum alarmed erstwhile royal family members who believe it is an attempt to erase their ownership over the property, which according to them was acknowledged in the March 1949 covenant signed between the govt of India and the United States of Rajasthan. Under the terms of the covenant, the princely states of Banswara, Bikaner, Bundi, Dungarpur, Jaipur, Jaisalmer, Jhalawar, Jodhpur, Kishangarh, Kota, Mewar, Pratapgarh, Shahpur and Tonk merged with the Dominion of India. Under the covenant, the title of private properties of the princely state rulers would continue to vest in them. Appearing for Jaipur's erstwhile royal family, senior advocates Harish Salve and Vibha D Makhija said because of Article 363 — which bars courts, including the SC, from entertaining disputes arising from treaties or covenants — titles of erstwhile royal family members over private properties acknowledged by the covenant could not be completely extinguished. This constitutional provision could be given a restricted meaning to allow filing of civil suits to get back possession of properties admittedly belonging to royal families under the covenant, Salve said. A partial working day bench comprising Justices Prashant K Mishra and A G Masih was initially reluctant to entertain the petition as it apprehended that this would lead to heirs of erstwhile princely states to lay claim over huge tracts of land and villages owned by them earlier. But Salve said it pertained to only a few properties mentioned in the covenant and was not intended for widening title rights over villages. When the bench issued notice to the Rajasthan govt, its additional advocate general Shiv M Sharma and advocate Kartikeya informed the court that it would honour the pendency of the case before the high court and not precipitate the issue.
Time of India
3 days ago
- Politics
- Time of India
Jaipur royal family wants state to return 140-year-old Town Hall: SC to decide whether claim justified as per 1949 merger covenant
NEW DELHI: The Supreme Court on Monday agreed to examine whether a pre-Constitution Covenant facilitating merger of Jaipur princely state with Dominion of India decide the ownership right of the royal family over 145-year-old Sawai Man Singh Town Hall, or Old Vidhan Sabha now proposed to be converted into a Heritage Museum? Or are the jurisdiction of the courts, including the SC, is ousted under Article 363 of the Constitution from entertaining any dispute arising from treaties and Covenants entered between any ruler of an Indian state and to which the government of the Dominion of India or any of its predecessor governments was a party. The state's Oct 2022 decision to convert the building, used as state assembly from 1952 till the 1990s, as heritage museum alarmed the royal family members of the attempt to erase their ownership over the property, which according to them was acknowledged in the March 1949 Covenant signed between government of India and United states of Rajasthan. Under the agreed terms of the Covenant, the princely states of Banswara, Bikaner, Bundi, Dungarpur, Jaipur, Jaisalmer, Jhalawar, Jodhpur, Kishangarh, Kota, Mewar, Pratapgarh, Shahpur and Tonk merged with Dominion of India. Under the Covenant, the title of the private properties of the princely state rulers would continue to vest in them. For the Jaipur royal family, senior advocates Harish Salve and Vibha D Makhija said Article 363 - which bars the jurisdiction of the courts, including that of the SC - to entertain any dispute arising from treaty or Covenant needs to be given a restrictive meaning as it cannot extinguish titles of royal families over their private properties. A partial working day bench comprising Justices Prashant K Mishra and A G Masih was initially reluctant to entertain the petition as it apprehended that this would enable the heirs of erstwhile rulers of princely states to lay claim over huge tracts of land and villages owned by them earlier. But Salve said it pertains to only a few properties mentioned in the Covenant and not for widening the title rights over villages. When the bench issued notice to the Rajasthan govt, its additional advocate general Shiv M Sharma and advocate Kartikeya informed the court that it would honour the pendency of the case before the HC and not precipitate the issue. The state govt's Oct 2022 decision to convert the Town Hall into a heritage museum had forced the royal family members to file a civil suit seeking possession of the property. Though the suit was entertained, the trial court refused to stay the proposed conversion into a museum. The state moved the HC questioning maintainability of the suit in the face of clear bar under Article 363. The royal family members moved HC for interim injunction against the museum. The HC rejected the plea for status quo. When they challenged the HC order, the SC too refused to stay on the proposed museum but ordered an expeditious decision on the suit. On Apr 17 this year, the HC on state's appeal ruled that the royal family members' suit against the state under the Covenant is barred under Article 363.
