The New Radar
MANDI: A significant legal victory of Meer Baksh, son of late Sultan Mohammad of Balh in Mandi district, in the Supreme Court threatens the existence of Himachal Pradesh government’s several important agricultural and educational assets, including the Nerchowk Medical College.
The Supreme Court’s decision mandates the state government to return 110 bighas of land to Baksh, a directive that could disrupt current land use and impact public institutions. Baksh (75) has now approached the Himachal Pradesh High Court, filing a petition for the enforcement of the Supreme Court’s order, demanding over Rs 1,000 crore from the already financially strained state government.
Historical context and legal battle
The case dates back to post-Partition India when the Government of India assumed Sultan Mohammad, along with his family, had migrated to Pakistan in 1947. In 1957, his 110 bighas of land were listed for auction. The government retained a portion and Sultan Mohammad managed to reacquire 8 bighas through auction.
For decades, Sultan Mohammed sought to reclaim his land through the Evacuee Property Appellate Authority, known as the Custodian, until his death in 1980 without resolution.
In 2002, Baksh continued his father’s fight by filing a petition in the High Court. Seven years later, Justice Rajiv Sharma ruled in Baksh’s favour, ordering the return of the land. However, the state government challenged this decision, filing a petition through the Letters Patent Appeal (LPA) process, which was ultimately dismissed in 2015. The division bench upheld the 2009 High Court ruling, reiterating the order to return the land to Baksh.
Unyielding, the state government challenged the matter in the Supreme Court in 2015. In 2023, the Supreme Court reaffirmed the High Court’s decision, directing the state to return the 110 bighas to Baksh.
Present-day implications
The directive has placed the state government in a quandary as the contested land now accommodates critical public infrastructure, including the Mandi Medical College, the Nerchowk SDM office and various agricultural and horticultural farms.
Given the extensive development on the disputed land, returning it as per the Supreme Court’s order is logistically challenging. Consequently, Baksh has filed a new petition in the High Court, demanding Rs 1,000 crore as compensation. He has demanded Rs 500 crore as cash and the rest as land assets.
The new legal development has exacerbated the state’s financial woes and heightened uncertainty around the future of these key public institutions. The potential transfer of land to private ownership could significantly impact educational and agricultural services in the region.
Himachal government’s response
The state government, already grappling with financial difficulties, now faces the complex task of complying with the Supreme Court’s order while attempting to minimise disruptions to public services.
The situation remains fluid, with further legal proceedings expected. The state government has yet to publicly outline its next steps or potential solutions to this pressing issue.
Local residents and stakeholders, particularly those associated with the medical college and agricultural sectors, are anxiously awaiting a resolution. The prospect of transferring public assets to private ownership has sparked widespread concern about the potential impact on community services and regional development.
