Shimla: Himachal Pradesh High Court today issued a notice to Union India, state of Himachal Pradesh, Dalai Lama and others, as a civil writ petition was moved by petitioner Pawan Kumar of Mandi district against 24 respondents. The 32 page petition sought removing of all flags of Tibetan government-in-exile from Indian soil, declaring it repugnant to the Constitution of India endorsing the contention that no treaty exists between India and Tibetan government-in-exile to allow it.
The writ also highlights the violation of sec. 118 of HP Tenancy & Land Reform Act terming that sale deeds and mutation have taken place in the name of 8 Tibetan refugees in different districts of Himachal Pradesh. The petitioner objects that Indian land could not be transferred in the name of foreign national thereby giving possession to them. It also sought to ban further deal with Tibetan refuges by directing district administration of Mandi, Solan, Una, Kullu, Shimla,Kangra, Lahaul and Spiti, Kinnuar and Leh in Jammu and Kashmir to not to violate 118 by transferring land in names of Tibetan Refuges. It demanded quashing of all sale deeds and mutations and vacate the encroached land of forest department by refugees in different districts of Himachal Pradesh.
The persons who have been charged for purchasing land after violation of 118 are Jigar Drukpa Kajoo (Institute of Buddist Studies and Meditation), Mingchong Dorje alias Yap, Sonam G.Hara, Khempo Chhultim Tanjan, Bangdor Rimpoche, Sonam Gomanchhey, Tenzin Dodain Rimpochey Thuptain Hara and Kumar Singh alias Lodoo Thai, all of them were stated residing at Jigar Monastery Riwalsar in Mandi district in the petition. The petitioner’s counsel advocate, R.L.Chaudhary told Himvani that the case was listed for hearing today in-front of division bench comprising Chief Justice of Himachal Pradesh High court, Kurian Joseph and Justice V.K.Ahuja. The court has given two month time to all the respondents to file their reply into the matter. It also passed interim directions on the request of petitioner that further transfer of land by the respondent should be subject to the outcome of court’s judgment into this petition. Further, sale deeds in this regard would be effected by this interim directions, as they would be governed by the judgment into this case. The Counsel for Union of India has been represented by Additional Solicitor Genreal and state by Advocate General. R.K.Bhava who were present at the time of hearing.