KAMLARAJA CHARITABLE TRUST Vs. STATE OF M P

JUDGEMENT

(1.) PETITIONER trust has filed this petition claiming following reliefs:

(2.) PETITIONER contended that petitioner-Trust is a Charitable Trust having its registered office at 27, 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.) STATE has filed its return and submitted that said lands are Nazul lands and form part of the street. The lands do not belong to the petitioner trust. Lands were recorded as Nazul PWD road and name of Madhav Rao is recorded in column No. 18 in the year 1991-92 and in column No. 20 in the year 1992-93. State submitted that said lands do not belong to the erstwhile ruler of the Gwalior State.