Judgement & Justice

GIST OF JIGME N. KAZI’S OBSERVER BUILDING, NAM NANG SITE CASE

Jigme N. Kazi’s Observer Building site dispute at Nam Nang, Gangtok, which began in 1998, has been going on for 18 years. The case has been built on an allegation against Jigme N. Kazi levelled by Urban Development and Housing Department (UD&HD) and upheld by Buildings & Housing Department (B&HD) and various authorities, including courts.

The gist of the case is as follows:

1.       In 1996 a site measuring 1089 sq. ft. was allotted to Jigme N. Kazi’s Hill Media Publications, publishers of Sikkim Observer, an independent English weekly established in 1986.

2.       Due to various reasons Kazi encroached some portion of the land/space on all four sides of his building. The space – and not land – encroached on first and second storeys of the building is around 1,400 to 1,600 sq. ft. On the ground floor the encroached area is less than 300 sq. ft.

3.       On 20.12.2000 UD&HD alleged that Kazi had encroached 1,628 sq. ft. of land at the back side of the building which was to be used for Chintan Bhawan’s banquet-cum-conference hall. (Annexure – I)

4.       In his letter to the East District Collector, dated 05.04.2001,  Principal Chief Engineer-cum-Secretary, B&HD, alleged Kazi had encroached an area of land measuring 1,628 sq. ft. “at the back side his building which falls under the Assembly complex.” (Annexure – II)

5.       In his show cause notice to Kazi, dated 07.06.2001, Principal Chief Engineer-cum-Secretary, B&HD, alleged: “...you have encroached upon an area measuring 1628 sft. of land beside the allotted site.” (Annexure – III)

6.       While sketch map on site encroachment provided by UD&HD and accepted by B&HD show that area encroached is on all four sides of the building, the two departments alleged that the encroached area (1,628 sq. ft.) of land falls at the back side of the building. UD&HD map shows that the encroached area at the back side of the building and outside the retaining wall and boundary fencing of Chintan Bhawan is only 834.75 sq. ft. and not 1,628 sq. ft. as alleged. (Annexure – IV)

7.       The contradictory and misleading information provided by UD&HD and B&HD and upheld by the courts is false, baseless and mischievous.

8.       When the case came up in East DC court (Prescribed Authority) in 2005 Kazi asked for re-inspection of the site to show the encroached portion. The Commission formed by the DC undertook a joint inspection of the site. The report of the Commission pointed out that an area of 1,449 sq. ft. and not 1, 628 sq. ft., had been encroached on all four sides. However, DC’s order did not take note of the Commission’s report and ordered for demolition of the encroached area. Commission’s report and sketch map is annexed as Annexure – V.

9.       In 2003 Kazi’s Review Petition in the Sikkim High Court pointed out that only 834.75 sq. ft. and not 1,628 sq. ft. had been encroached at the back side of the building. But the court failed to take note of this plea and upheld its order of 2003 that the area measuring 1,628 sq. ft. of land at the back side of the building should be vacated and handed over to government for construction of banquet hall. Such a huge area of land at the back side of Kazi’s building is non-existent.

10.    Though the same facts of the actual area of encroachment was presented to the Law Department’s Appellate Authority it did not take note of them and upheld the earlier orders of the courts and dismissed the petition in June 2014. Kazi came to know of the order only on March 6, 2015.

11.    When the encroached portion of the building was demolished on March 23, 24, 2015 the authorities failed to find 1,628 sq. ft. of encroached land at the back side of Kazi’s building. Sketch maps and photographs show areas demolished on all three sides of the building. (Annexure – VI)

12.    The Sikkim High Court, while staying further demolition of the building, called for all records of the disputed site. The records show that Kazi had not encroached 1,628 sq. ft. of land at the back side of the building. The encroached area of a few feet wide which is on all sides of the building is of no use to the government. As per law the encroached portion may be regularised as done in similar cases.

13.    There have been many judgements in the case but justice has been denied.

Ram Prasad (1949-2015)

A PROMINENT OLD SETTLER OF SIKKIM

Late Ram Prasad (popularly known as Deojee Prasad), son of Lt. Deojee Prasad, born on January 28, 1949, passed away on  April 23, 2015. His Anthyesthi Kriya falls on May 9, 2015 (Saturday).

Ram Prasad began his schooling at Soldier’s Board school, located below Paljor Stadium Road, Gangtok, and then moved to Tashi Namgyal  Academy (TNA). At Soldier’s Board school his  Headmaster was Mr. Pradhan (father of Late M. K. Pradhan,  locally known as Khambu OC).  VN Langer, TNA’s most prominent Principal, headed the prestigious institution when Ram Prasad was a student there. His music teacher was Pariyar and his language teacher and also his favourite teacher was  Late Lobon Rinzing Lama of Kazi Road, Gangtok. His House Captain (House – D) was his favourite Agya, Late Sherap Palden of Tathangchen, Gangtok, who later became a minister in the Bhandari Cabinet (1979-1984).  

During his school days Ram Prasad was a good 100 meters runner and an excellent athlete. He was very fond of sports, especially football. He never missed a single football match from the 1st Governor’s Gold Cup to the last in 2014. His brother, Bijay Kumar Prasad, represented Sikkim’s 1st State football team at Santosh Trophy as a goalkeeper. He used to play football at the Palace ground in Tathangchen with the Late Crown Prince, Tenzing Namgyal.

Late in 1967, Ram Prasad got married to Late Shail Devi who belonged to Simchuthang (Manglay, near Yangang in South Sikkim.  Shail Devi was the great granddaughter of Sirju Ram and granddaughter of Nagina Ram and was the daughter of Ram Prasad Ram, who were a great businessmen of Manglay Busty, South Sikkim. Her ‘Meeth’ father was Namphrik Mondol of Ben-Namphrik, South Sikkim. Coincidently, Late Ram Prasad’s name and his father in-law’s name was the same.

 Ram Prasad is survived by two sons, Ajit Kumar Prasad and Amresh Kumar Prasad and four daughters . He also has two brothers, Bijay Kumar Prasad and Bikash Kumar Prasad, and three sisters.  His two grandsons are Raj Aryan Prasad and Raj Armaan Prasad.

 Ram Prasad’s great great grandfather was Lt. Dhanna Shah who first came to Sikkim in1850s and settled at Penlong, near Tashi View Point in North Sikkim. In Penlong  Dhanna Shah established himself as manufacturer and retailer of distilled liquor. This business was followed by his great grandfather Kali Charan Shah and his great grand uncle Babu Ram. Their descendants, Jibodhan Shah and Manobodh Shah, continued with the same business. A Trade License of 1930 issued by the Sikkim Durbar is a prized possession of the Prasad family. By 1930s the Prasads were not only the manufacturer and retailer of distilled liquor they also had the exclusive right to sell imported liquor in the Kingdom of Sikkim.

Later, Ram Prasad’s ancestors shifted to Singtam Bazaar in East Sikkim and opened a grocery shop. After the disastrous fire in Singtam Bazaar Ram Prasad’s family moved to Deorali Bazaar, below Gangtok, in 1954. Most of Ram Prasad’s family properties and valuable documents were burnt during the fire in Singtam.

The family properties in Singtam are presently managed by one of Ram Prasad’s cousins, Chandrika Prasad. After Ram Prasad began his business in Gangtok it was his cousin, Ram Naresh Prasad, who looked after the family’s Deorali business and properties.

Ram Prasad’s father Lt. Deojee Prasad and uncle Shivji Prasad opened a ration shop at Gangtok  Bazaar, now known as Mahatma Gandhi Marg. Late Deojee Prasad opened another shop under the name “Deojee Prasad Ram Prasad” (DR). Their business flourished and all of Kazi Road, Tathangchen and 80 % of government employees were their customers. The Prasad brothers even supplied ration to the Palace and also to those residing at J. N. Road and Yatung in Tibet.

Ram Prasad had a very successful life as a businessman. In the early 1990s he was the whole seller of rice, which was managed by himself and his father. Later he converted his business into travels and transportation agency under the name of “Plaza Tours & Travels” which was managed by himself and his two sons, Ajit Kr. Prasad and Amresh Kr. Prasad.

 Ram Prasad always looked for excellence, was well motivated and enthusiastic at whatever he did. In his travel and transportation business he was the first person to introduce luxury taxi and to make Toyota Innova Taxi popular in Sikkim.

 Ram Prasad was well known for his commendable contribution towards Sikkimese society. He was the Founder-President of Food Merchant Association of Sikkim. He was also the Vice-President of Sikkim Chamber of Commerce for more than 12 years. Ram Prasad was the Founder -Member of Bihari Kalyan Samiti. He was also one of the sponsors of Burial Graveyard in Ranipool, East Sikkim.

With his passing away Sikkim will miss one of the most prominent members of the former kingdom’s old settlers who mixed freely and friendly with all residents of the State.