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.
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.
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