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Vadodara Royal Family Land Dispute Continues After Home Demolitions
A land ownership argument in Vadodara has continued for more than 50 years.
The Yavteshwar Mahadev Trust said the land belonged to it.
The Gaekwad royal family said the land was part of its palace estate.
People had also lived in homes on the land for at least six decades.
In June, the Gujarat High Court agreed with the Trust’s claim to about 32 bighas of land.
Soon afterward, the District Collector ordered residents to leave and homes were demolished the next day.
The royal family and one resident said the demolitions did not follow the correct legal process.
On August 24, the High Court temporarily stopped the Collector’s order while the case continues.
The dispute over Vadodara land began in 1971 between the Yavteshwar Mahadev Trust and the Gaekwad royal family.
A Gujarat High Court ruling upheld the Trust’s claim to about 32 bighas, or roughly 51,800 square metres.
The District Collector ordered occupants to leave within a day under Section 79A of the Gujarat Land Revenue Code.
Heavy machinery demolished residential buildings on July 18, while the Yavteshwar Mahadev temple was spared.
The royal family and a resident challenged the evictions and demolitions; the High Court stayed the Collector’s order on August 24.
- Who
- The Yavteshwar Mahadev Trust, the Gaekwad royal family led in the petition by Samarjitsinh Gaekwad, residents, and the Vadodara district administration.
- What
- A decades-old dispute over ownership and possession of land ended in demolitions, followed by legal challenges to the Collector’s eviction process.
- Where
- Survey Nos. 9 and 10 in Vadodara, including Sitaram Bapu Garden and land associated with the Yavteshwar Mahadev temple.
- When
- The dispute began in 1971; the High Court ruling was issued on June 17 of the year described, demolitions occurred on July 18, and a stay was issued on August 24.
- Why
- The Trust claimed the land was dedicated to temple maintenance, while the royal family claimed it was private palace-estate property; the parties also dispute the legal procedure and the amount of land taken.
Royal Family and Residents
Trust and District Administration
Ownership of the land
Royal Family and Residents
The Gaekwad royal family said Survey Nos. 9 and 10 were private property forming part of the Lukshmi Vilas Palace estate. Residents said they were genuine buyers who relied on a 1956 revenue record listing the Maharaja as owner.
Trust and District Administration
The Trust’s claim was upheld by the courts. The High Court found that Survey No. 10 had remained in the Trust’s name until 1956 and that Survey No. 9 had been dedicated by Maharaja Govindrao for temple maintenance.
Legal basis for eviction
Royal Family and Residents
The royal family and Khevina Patel argued that the dispute arose under the Gujarat Public Trust Act, so the Collector should not have used Section 79A of the Gujarat Land Revenue Code.
Trust and District Administration
The District Collector issued the eviction notice under Section 79A, which allows summary eviction of people found to be in wrongful possession of land.
Extent and conduct of action
Royal Family and Residents
The royal family alleged that the administration sought possession of about three times more land than the roughly 32 bighas covered by the court ruling, and that demolitions occurred without adequate notice or due process.
Trust and District Administration
The administration demolished the occupied structures after the Collector’s July 17 notice, while leaving the temple standing. The High Court later stayed the Collector’s order pending further proceedings.
Key facts
- Dispute began
- The Collector, acting as administrator of the Shri Yavteshwar Mahadev Trust, approached the Assistant Charity Commissioner in 1971.
- Land involved
- Survey Nos. 9 and 10, including about three bighas in Survey No. 10 and 29 bighas in Survey No. 9.
- High Court finding
- The court upheld the Trust’s claim to around 32 bighas, approximately 51,800 square metres.
- Demolition date
- July 18, after the Collector gave occupants a day to vacate.
- Eviction law cited
- Section 79A of the Gujarat Land Revenue Code.
- Legal challenge
- The royal family and resident Khevina Patel argued that possession should have been recovered under the Gujarat Public Trust Act.
- Interim order
- On August 24, the Gujarat High Court stayed the Collector’s July order until the next hearing on September 7.
Quotes
Himanshu Desai
Counsel for Samarjitsinh Gaekwad in the challenge to the eviction and demolition orders
“the underlying dispute here was not decided under the Land Revenue Code at all. It arose under the Gujarat Public Trust Act, and the Collector’s notice and the process for taking possession ought to have been done under the Public Trusts Act”
indianexpress.com
Sources
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