Measure and restore Bhukailash Rajbari, adjoining temple complex: HC to KMC
Times of India | 31 January 2025
123 Kolkata: The Calcutta High Court on Thursday directed the KMC to inspect the Bhukailash Rajbari in Kidderpore and the adjoining temple complex, now heavily encroached upon, and submit a report on the measures taken for its restoration, preferably within four months.
A division bench of Chief Justice T S Sivagnanam and Justice Hiranmay Bhattacharyya directed the director general of the KMC buildings department to measure the Rajbari complex in the presence of land department officials and take steps to restore the Rajbari and the temple complex. The division bench also directed the authorities to maintain the gates and the boundary wall of the Rajbari Maidan in the vicinity, which, according to a report submitted by the court officer, was still free from encroachment.
The division bench order came after the Rajbari complex status report, submitted to the bench, was reviewed. The report mentioned that multi-storey buildings came up in the complex, leaving out only the remnants of the Rajbari structure. The report also mentioned that the open space around the Durga temple in the temple complex was encroached upon by people parking taxis. "The report refers to a very sad state of affairs in a heritage site," CJ Sivagnanam said. The encroachments are despite the KMC putting up a plaque there, mentioning the money spent on the restoration of the heritage complex.
The CJ visited the place and found it to be a "congested area". On April 18, 2024, the division bench appointed Senior Counsel S K Md Galib as the court officer to pay surprise visits to the Rajbari complex and submit a report to the HC. Following three visits, Galib submitted a report to the bench, in which, he stated that Raja Joynarayan Ghoshal, a businessman and a close associate of Raja Rammohan Roy, built the Rajbari and the two temples. The Chief Justice noted that the report revealed unauthorized constructions in the Rajbari complex and rampant encroachment.
The counsel representing the sevayats of the temple pleaded they had land deeds and sanctioned plans for constructions. "We are not going to throw you out. If you are the rightful owners of the land, show your documents. If you don't, you have to vacate. If you have a building sanction plan, show it to the authorities, and also show that you raised constructions in accordance with the approved building plan. Otherwise, you will lose the building," the CJ said. He asked advocate general Kishore Datta who was the appropriate authority for the matter. Datta said it was the director general of the KMC buildings department.
The Chief Justice gave the petitioners the liberty to move the bench in the event of any new construction coming up in the area in the meantime.