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.

BALCHAND SARDA: A PERSONAL TRIBUTE

Sikkim has lost a great son

Before time passes and memory lapses I would like to record a few things that have impressed me about Balchand Sarda. Loved, respected and admired by a cross section of Sikkimese society, Balchad Sarda created history when he trounced former chief minister Nar Bhandari’s influential wife Dil Kumari Bhandari during the Assembly elections in 1985.

Bhandari’s newly-formed Sikkim Sangram Parishad (SSP) won 30 of the 32 Assembly seats leaving one to the Congress party (Late Kalzang Gyatso won from the reserved Bhutia-Lepcha constituency of Kabi-Tingda in North Sikkim) and the other to Balchand Sarda, who though he was a senior Congress leader, contested as an independent candidate and won from the prestigious Gangtok constituency. His poll victory was hailed as victory of the people.

Balchand Sarda was not exactly my friend. He was my late father Rinzing Namgyal Kazi (Lachen Yapla) and my uncle Ugen Paljor’s very good friend. But when I stepped into politics in 2001, when I and many of us felt helpless and betrayed by those who promised great things it was Balchand Sarda who was my constant companion and guide and shielded me through perilous times which are recorded in my latest book, The Lone Warrior: Exiled In My Homeland.

In the course of time we became intimate friends and shared many things, including a few pegs of  whisky when he lived at Gangtok's posh MG Marg. After I quit politics in the summer of 2004 Balchand daju, too, kept himself away from active politics. Gradually his health deteriorated and finally he couldn't even talk.

Mrs. Dil Kumari Bhandari congratulating Balchand Sarda after he won from the Gangtok Assembly constituency in March 1985.

Balchand daju often used to tell me, "Jigme, God is great." God took him away from us early on April  18th  morning and gave him peace. On his funeral held on April 19th Gangtokians gave a tearful and befitting farewell to its first Mayor and MLA.

But more than anything else those who knew him well Balchand Sarda was a man who had a big heart. He was generous, defiant, principled and dependable. Sikkim has lost a great son. The void - in our society and heart - will be difficult to fill.

I planted a Rhododendron sapling in his memory at a prominent place above Kazi Road, Gangtok, on April 20. I have named it "Balchandron".

Son of Het Ram Sarda, who settled in Sang busty in east Sikkim in 1929 under the patronage of Sang Kazi, the Sarda family first came to Sikkim from Hissar in Haryana (north India) in the 1920s and lived in Singtam, a commercial centre for south and east Sikkim. It was the period when full power was restored to the 11^th Chogyal Tashi Namgyal after the British, under Sikkim’s first Political Officer John Claude White, forcefully took charge of Sikkim around 1890 when Sikkim became a British Protectorate.

Balchand Sarda was a great friend and well-wisher of the indigenous Bhutia-Lepcha tribals of Sikkim and it is, therefore, fitting that the Sikkim Bhutia Lepcha Apex Committee (SIBLAC) held a meeting to mourn his passing away. In a statement, SIBLAC said, “Sikkim has become poorer and lost a great son of Sikkim.”

As Chairman (Mayor) of Gangtok Municipal Corporation, Balchad Sarda allotted shopping premises to small traders in Lal Bazar at minimum rates. The prestigious Hotel Tibet site was also allotted during his tenure as Mayor. To show respect to the lowest members of government employees monthly salaries were first payed to safai karmacharis and then to other GMC employees.

Under his chairmanship GMC won the first Governor's Gold Cup Football Tournament. The first garbage collection and disposal system in and around Gangtok was started by GMC under Balchand Sarda’s  leadership. The first Municipal Corporation School was built at Old Children’s Park in Gangtok on his initiative as GMC chairman. Along with Ugyen Paljor, Balchand Sarda formed the All Sikkim Contractors Association for the benefit of local contractors after Bhandari’s Sikkim Janta Parishad formed the government in October 1979.

    (L to R) Jigme N Kazi, KC Pradhan, LD Kazi, BB Gurung and Balchand Sarda.

 70 is not age to die and particularly for a man like Balchand Sarda, who unlike most old settlers who are involved in trade and business, moved around with the locals – small and big – with grace and ease. He dined and wined with some of the most colourful characters of Sikkim’s political and social circiles. Men like former chief ministers LD Kazi and BB Gurung and former minister KC Pradhan, R. Wangdi (Sosing Yapla), Ragasha  Kungo etc. were his very close friends.

I will remember Balchand daju mainly because when we were tested   and tried in the furnace of affliction he stood firmly by my side and in the interest of Sikkim and Sikkimese and refused to be cowed down. When others bowed down, got bought over and betrayed us Balchad Sarda stood like a rock and refused to yield till his last breath. I salute him and will remember him till my last breath.

“SIKKIM FOR SIKKIMESE: Distinct Identity Within The Union”

By Jigme N. Kazi

“We shall fight in the Assembly. We shall fight in the Parliament. We shall fight in the Court and in the Press. If need be, we shall fight in the fields and in the streets. Wherever we are, whatever we do, we shall fight. We shall never surrender.”

                                          -   Jigme N. Kazi, Sikkim Observer, January 1989

For well over thirty years since the controversial merger of the former kingdom with the Indian Union in 1975, the Sikkimese people have been constantly demanding restoration of their political rights and preservation of their distinct identity within the Union and within the framework of the Constitution of India. They have adopted peaceful, non-violent and democratic means to achieve their objectives. And yet New Delhi has remained silent and unresponsive.

 “SIKKIM FOR SIKKIMESE: Distinct Identity Within The Union” is a record of Jigme N. Kazi’s own contribution in ventilating and recording the hopes and aspirations of the Sikkimese people – Lepchas, Bhutias, Nepalese - and  members of the other communities, who have been living in Sikkim for generations. The book is a collection of his work published in various publications, including the Sikkim Observer, which he edits, during his twenty five years as a journalist (1983-2008)

Beginning from 1983, Jigme N. Kazi has contributed to several local, regional and national newspapers and journals – The Nation, Eastern Express, The Telegraphs, The Statesman, Sunday, North-East Sun, North East Daily, Caravan (now Alive), The Independent (Kathmandu), Talk Sikkim and his own publications: Spotlight on Sikkim, Sikkim Observer, Bhoomiputra, Himalayan Guardian, Hill People and Common Cause. Kazi was the Sikkim Correspondent of The Telegraph, The Statesman, United News of India (UNI) and The Independent.

Jigme N. Kazi is also the author of Inside Sikkim: Against the Tide, published in 1993 and The Lone Warrior: Exiled In My Homeland, published in 2014.

HAIL TO FOUNDERS OF MOUNT HERMON SCHOOL

Estb. March 11, 1895, Darjeeling
After Mr. Murray passed away on April 7 (Tuesday) Hermonite Puii of Mizoram (India), now living in the USA, sent attachments of the special issue of HERMONITE magazine of 1978 in Facebook/Email.
In 1978 I was in my third year teaching in MH. It was Mr. Murray's last year in MH. He was its Principal after Late Rev. DG Stewart (died on Dec 12, 2014) left the school at the end of 1963. I was the editor of the 1978's annual edition of the Hermonite magazine which was dedicated to Mr. and Mrs. Murray's long service to MH. The magazine focused on the school's history. 
In the years that have gone by I noticed that Miss CJ Stahl's original photograph was missing among MH's Founders/Principals from the walls of our school lounge. It seemed strange that no one from the school took notice of this. I have also not come across her photo in Facebook/Google etc.

Therefore, I'm placing Miss Carolyn Josephine STAHL's original photo back in the public domain (Facebook and my blog:jigmenkazisikkim.blogspot.com, sikkimhermonite.blogspot.com). Miss Stahl's and photos of three other Founders of our school - Miss Knowles, Bishop Fisher and Rev Dewey - figure in my book - "Inside Sikkim: Against the Tide" (published in 1993) - and also in HERMONITES INTERNATIONAL Newsletter published by Sikkim Hermonites and edited by myself.

In 1978 I made special arrangements with Darjeeling's Das Studio to make copies of these historic photographs of our school's Founders/Principals. This effort for the school magazine seems worthwhile considering the fate of Miss Stahl's portrait. I'm placing the photographs in Facebook and my blogs with the hope that Hermonites all over the world will now have a record of our Founders/Principals. Also hoping that MH school authorities will take a note of this and do the needful.

"I’LL KEEP YOUR MEMORIES WARM IN MY HEART"
“Breathe then your benison
On me as I depart 
I’ll keep your memories warm in my heart”
(Mt Hermon school song)
Dear Mrs. Murray, Adrienne, Stephen, Bronwyn, Johny and family, We - the Hermonites all over the world are with you in this. He led a good life and we are blessed by his life. He lives on! Oh death, where is thy sting!
These photos are some of my unforgettable memories of the man who has had a great influence on me and most Hermonites of my generation.
Jigme N Kazi
President
Hermonite International (Hi!)

Observer building demolition: High Court grants stay, calls for records

Gangtok, April 3: The High Court of Sikkim has asked for records on land encroachment at Jigme N. Kazi’s Sikkim Observer building here at Nam Nang.

The State Government which demolished a portion of the three-storey  building last Monday and Tuesday has alleged that Kazi had encroached about 1600 sq ft of government land “at the backside” of his building where Chintan Bhawan is located.

Kazi, while acknowledging that the encroachment is on all sides of the building, has been stating that the allegation that all encroachment has taken at the backside of his building is baseless and mischievous.

After demolishing Kazi’s greenroom, a kitchen-cum-godown and a store room on the terrace the demolition squad demolished four rooms and four toilets on the third storey of the building.

Under the orders of East District Collector P. Verma eviction and demolition team led by SDM (East) KL Lepcha lay siege on Observer building on March 23 and 24. If the High Court had not intervened and given the stay order on Tuesday afternoon all sides of Kazi’s entire building would have been demolished.

However, realizing that the building was unsafe and unlivable Kazi and his family were forced to evacuate their belongings from the house on Monday night. The family took shelter at Prince Palden’s residence at Kazi Road where they will live temporarily until the final outcome of the writ petition filed in the High Court. The building is not only Kazi’s home but houses his press office and printing press.

On March 26 the High Court gave a written stay order and directed the parties to file relevant records showing the area of alleged encroachment. Kazi’s lawyer Udai P. Sharma has welcomed the court’s direction. Sharma is assisted by MN Dungel, Passang Tshering Bhutia and Yok Kumar Rai.

The government, the court of appeal and East District DCs have repeatedly ignored records showing the area and extent of encroachment. Records, which have been with the authorities for more than a decade, reveal that Kazi has not encroached on land belonging to PWD at Chintan Bhawan area, located at the backside of his building. The only area at the backside of the building used by Kazi lies outside the wall and fencing of the Chintan Bhawan premises which were of no use to the government.

Since 1998 and for 18 years Kazi has been requesting the government and the courts to regularize the encroached portion of the land. (Sikkim Observer, April 4-10, 2015)