PUCL, Others Condemn Assault on Leading Gandhian Institution in Jaipur

A large number of civil society members of Rajasthan, in a statement on 8 June, condemned the taking over of the Rajasthan Samagra Sewa Sangh. The statement said inter alia:

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A large number of civil society members of Rajasthan, in a statement on 8 June, condemned the taking over of the Rajasthan Samagra Sewa Sangh. The statement said inter alia:

In an arbitrary exercise of power on 7 June, 2014, the Jaipur Development Authority, directly under the Chief Minister Vasundhara Raje, sealed the complete premises of the Rajasthan Samagra Sewa Sangh which had been in existence on its own land since 1959. They threw out all the residents and their belongings, cancelled the allotment and took over their land.

The insensitivity of the JDA team led by JDA officials  Pawan Arora and Subhash Mahariya, was such that in the scorching heat of 47 degrees, one resident who had recently delivered a baby, was asked to leave the room by evening, locking the kitchen and adjoining rooms that she could not even be fed. The 80-year old Secretary of the Sangh, Rameshwar Vidyarthi, and his wife living in one room of the premises were thrown out with their belongings.

Similarly, the President of the institution, Sawai Singh who had been living with his family, as part of the norms of the Sangh for the last 30 years also found himself with his family and their belongings on the road. The JP Narayan founded Samadhi of Gokul Bhai Bhatt was also treated with disrespect and sealed and as of now the whole place out of bounds.  It is also important to know that the letter of cancellation of allotment and seizure of property dated 6 June, signed by Shikhar Agarwal, Secretary, JDA, was handed over by the officials when they came at 1pm on 7 June. It was an order of eviction and they had come to evict.

The intention of the JDA was to grab the property of the Sangh, convert it into Real Estate and grant it to land sharks. The concerned piece of land is in the prime area, next door to the Airport and Jawahar Circle on JLN Marg, that it is priceless commercially. The Raje Government in the earlier term was well known for its support to the real estate business interests but had spared civil society. This action clearly sends a message to all, that this Government is merciless and it will get rid of all impediments to its design.

The argument used by the JDA is that the Sangh violated the conditions of the allotment of the land in 2001. They had to get a map passed by the JDA in a year’s time of its allotment, they had to take approval of construction activity and the space could not be used for any commercial and residential purpose. Notices were given earlier and JDA not being satisfied with the replies to these violations, along with constant notices from the Lok Ayukta to take action for these violations, they were cancelling the allotment.

Countering these lies, the President of the Sangh and his team of lawyers gave the following arguments: The Sangh land was in the erstwhile Chainpura village, which was bought in 1959 from a farmer and the registry is in the name of the Rajasthan Samagra Sewa Sangh. In 1984 when all the land in that area was acquired for the International Airport, the Sangh land too was acquired. However, it was never taken possession of. According to the new and old law, when land is not taken possession of in five years of the acquisition, then the land goes back to the original holder. Thus the land was always of the Rajasthan Samagra Sewa Sangh since 1989.  So this business about allotment becomes meaningless. Also, there was a Rajasthan High Court stay on the land since 2004 against the JDA allotment, which had handed over two bighas land of the Rajasthan Samagra Sewa Sangh to Gokul Vatika Sahakari Samiti; this stay order was violated by the JDA on 7 June when it came to take possession of the land of the Sangh. The JDA has actually committed contempt of court.

However, even if we go by the argument of allotment of 2001, it is the JDA which has violated the conditions and not the Sangh.

The condition was also that the JDA would give Rs 40 lakh for the construction of the Gokul Bhai Bhatt memorial, which the JDA never ever gave since 2001 to the Sangh. Secondly, the executive of the Sangh was supposed to have two officials of the JDA and one from the Government, the onus of this lapse is on the Government and the JDA and not the Sangh.

The map was supposed to be prepared under the guidance of the JDA. When did the JDA ever come forward and give its guidance?

The place was never used commercially, the so-called use for wedding, was the stray two or three weddings of the family members of the staff. The kitchen run at the back of the Sangh was for the participants who came for the constant meetings that took place, as the original objective of the Sangh was to be a space for reflections and churning of ideas. It was the space in Rajasthan where activists from all over came for such meetings.

The notices given in November 2013 and February 2014, were duly replied and if there was a dispute then the Sangh, should have been called for a hearing, why was it never given a chance to be heard. Similarly, if the Lok Ayukta felt that there was an issue, then too they should have sent a notice to the Sangh. The Sangh never heard from the Lok Ayukta. Principles of natural justice seemed to be compromised by both.

As concerned citizens and members of civil society, from whom the space of the Sangh has been a space for carrying forward Sarvodaya, Gandhian and JP’s ideals, we condemn this act strongly, and request the JDA and the Chief Minister of Rajasthan to restore the land and the premises back to the Rajasthan Samagra Sewa Sangh. In the eventuality of this not happening, we will resist it tooth and nail and struggle against this high handedness of the Government and expose the Government for its assault on Gandhian institutions and values.

The statement was signed by Prem Krishan Sharma of PUCL, Rajasthan; Aruna Roy of MKSS; Er. Khurshid Husain, president Jamaat-E-Islami Hind, Rajasthan; Radha Kant Saxena of PUCL Rajasthan; Nikhil Dey, MKSS; Kavita Srivastava, PUCL Rajasthan; Shankar Singh, MKSS; Renuka Pamecha, WRG; Mamta Jaitly, Vividha; Komal Srivastava, BGVS; Vishwambhar, Digantar; Arvind Ojha, Urmul Trust; Narendra Gupta, Prayas, Chittorgarh; Kamal Tak, RTI Manch; P N Mandola, Lok Sampati Sanrakshan; Rajendra Kumbaj, Nagrik Manch; Nishat Hussein, National Muslim Women’s Welfare Society; Nisha Sidhu, NFIW; Sumitra Chopra, AIDWA; Ashok Khandelwal, Rozi Roti Sandharbh Kendra; PL Mimroth, Centre for Dalit Rights; Shyam Menariya, Astha; Bhanwri Bai, Mahila Jan Adhikar Samiti; Richa, Jan Chetna Samiti; Usha, Vikalp; Tara Ahluwalia, Mahila evam Bal Chetna Samiti; and many others.