TMI Blog2006 (3) TMI 799X X X X Extracts X X X X X X X X Extracts X X X X ..... case; (iii) Cost of the petition may also be allowed. 2. Petitioner contended that petitioner-Trust is a Charitable Trust having its registered office at 2 7, Sardarjung Road, New Delhi and local office at Jaivilas Palace compound, Gwalior. It is further contended that the petitioner-trust is the owner of Survey No.1071 having an area of 0.105 hectare, Survey No.1072 having an area of 0.251 and Survey No.1073 having an area of 0.063 hectare. Lands were recorded in the revenue records in the name of late Madhav Rao Scindia and the lands are now allotted in the name of the trust vide order dated 29.9.2003. It is contended that the lands are situated on Jhansi Road, Gwalior and many hoardings for the advertisements of different companies are placed on the lands and the rent is being paid by the companies to the trust. In order to protect the lands from encroachment, barbed wire fencing has been erected by the petitioner. It is alleged that the respondents are trying to encroach upon the lands of the petitioner for widening the road. 3. It is contended by the State that these lands are valuable lands and belong to the State. 4. State has filed its return and submit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Surveyor has submitted a report that Madhav Rao Scindia has encroached upon the Government land Tahsildar started proceedings under section 248 of the M.P. Land Revenue Code for removal of encroachment. Proceedings were opposed and objections were raised about the jurisdiction of Tahsildar to proceed in the matter. Tahsildar after considering the list of private properties prepared under Article 12 of the Covenant between the Central Government and the Ex Ruler at the time of merger held that the disputed lands are not included in the private properties of the Ex Ruler and passed the order of eviction and imposed penalty of ₹ 1,000/-. First Appeal against the said order under section 44 of the M.P. Land Revenue Code to the Nazul Officer was dismissed and second appeal met the same fate before the Additional Commissioner. Then Madhav Rao Scindia preferred a revision under section 50 of the M.P. Land Revenue Code before the Board of Revenue. President, Board of Revenue allowed the revision inter alia holding that Article 363 imposes a bar and Municipal Court has no jurisdiction to go into the question and remanded the case to the Tahsildar with a direction that the question of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 397, 396, 398, 401, 402, 403, 406, 447, 414, 415, 416, 417, 418, 419, 420, 421, 1071, 1072, 1073, 1201, 1202, 1203, 1212, 1235, 1236, 1138,1242 and 1243. It was submitted that name of Madhav Rao is not mutated in the revenue records and he prayed that as per orders of the High Court, the lands falling in the admitted map be declared as lands of the applicant. It was prayed in the application that the survey numbers 396 and 397 be mutated in the name of Scindia Girls High School. Without issuing notice to the State Government, Tahsildar proceeded to decide the application ignoring his previous order and passed orders for mutation of name of Madhav Rao Scindia. Said map was not placed before the Tahsildar and the Tahsildar directed mutation of the name of Madhav Rao Scindia over the survey Nos.397, 396, 398, 401, 402, 403, 406, 447, 414, 415, 416, 417, 418, 419, 420,421,1071,1072,1073,1201,1202,1203,1212,1235,1236,1138, 1242 and 1243. 9. It may be mentioned that while earlier proceedings were pending before the Revenue Officer Naib Tahsildar, Naib Tahsildar recorded a finding that approved map is not available, but the subsequent order dated 12.10.1989 different order has been p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ide the compound of the Jai Vilas Palace were the private individual properties. 12. State has filed the document Annexure R-9 which is a revenue entry of Sam vat 1997 (1940) of Survey Nos.1071,1072 and 1073 wherein the land is mutated in the name of Government of Gwalior under the control of Public Works Department. This survey entry relates to Samvat 1997 i.e. year 1940 and the land was continuously recorded as a Government land. From Annexure R-11 it is clear that the said land continued to be mutated in the name of the State Government. Annexure H of Annexure R-11 filed by the State Government discloses that the land was recorded in the name of Public Works Department and Aarayas Karkhana. The lands continuously remained in possession of the State Government in spite of the orders for mutation were passed. 13. These documents of mutation will not confer any right, title or interest to the petitioner trust. Petitioner trust has not filed any documents of their title, but entire documents filed by the petitioner trust only disclose that name of Madhav Rao Scindia was mutated over the survey numbers. No document pertaining to title of Madhav Rao Scindia is filed. No do ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a public street; and includes -- (i) the roadway over any public bridge or causeway; (ii) the footway attached to any such-street; (iii) public bridge or causeway, and the drains attached to, any such street, public bridge or causeway. 16. It is not in dispute that these lands are adjacent to the public street going towards Jhansi or from Jhansi Road towards the main gate of Jai Vilas Palace. Lands between the boundary wall and public street is a part of public street and belong to the Department of Nazul of the Government. Petitioner trust has no right to claim title over the said lands. If the Trust describing it as the owner has sold some property, that sale deed will not be binding upon .the State Government and the State Government will be liberty to recover its lands from the unauthorised occupation of either of the trust or any person occupying the lands through petitioner trust. State has every right to widen the road over the land adjacent to the public street looking to the vehicular traffic and pressure on the road. From the photographs filed, it is clear that the road is just in front of Accountant General s office and there is sufficient space betwe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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