Dispute over Rent Arrears for Iconic Bikaner House in Delhi Continues
In a fresh legal twist concerning the prestigious Bikaner House, heirs of the late Maharaja Dr Karni Singh approached the Delhi High Court on Tuesday, seeking payment of rent arrears from the Central government. The heirs have challenged an earlier decision by a single-judge bench that rejected their claim to payments from 1991 to 2014, citing insufficient proof of their legal entitlement.
A division bench comprising Chief Justice D K Upadhyaya and Justice Tushar Rao Gedela heard the appeal filed by the "Estate of late Maharaja Dr Karni Singh". After reviewing the preliminary submissions, the court instructed both parties—the appellants and the Centre—to provide additional documentation concerning the property.
The matter will next be heard in July, and the bench directed the appellant to serve a copy of the plea to the counsel representing the Rajasthan government, which is also a significant stakeholder in the property dispute.
Background of the Legal Battle over Bikaner House
Bikaner House, a landmark building located in New Delhi, was constructed by the predecessor of Maharaja Dr Karni Singh between 1922 and 1949. According to the heirs' petition, a 1951 communication from the Government of India indicated an agreement whereby one-third of the rent generated by Bikaner House would be disbursed to the Maharaja’s estate.
However, after Maharaja Singh passed away in 1991, the Central government ceased making these payments. The heirs assert that payments made by the Centre prior to Singh's death were a recognition of their rightful share and not merely discretionary or ex-gratia payments.
Single Judge's Decision and Grounds for Appeal
Previously, on February 24, a single-judge bench had ruled unequivocally in favour of the Rajasthan government, recognizing its "full and absolute rights" over the historic property. The judge also remarked that the heirs failed to establish any legal claim or entitlement to the arrears, suggesting the previous payments by the Centre were on an ex-gratia basis and not enforceable by law.
Moreover, the court questioned whether the heirs had a legitimate right to seek payments after the Maharaja’s demise and raised concerns regarding the maintainability of their petition, emphasizing that claims could not be pursued indefinitely.
In their appeal, however, the heirs' counsel argued that the Centre never explicitly refused the obligation to pay and consistently indicated a willingness to fulfil the payments. "They kept saying I will pay. There is no denial of duty to pay," asserted the counsel, adding that the single judge had overlooked crucial material evidence in the original judgment.
Supreme Court’s Role in Bikaner House Possession
The contentious issue of possession over Bikaner House was previously addressed by the Supreme Court, which directed the Central government to vacate the premises in 2014. This came after the Rajasthan government filed a suit for rightful possession of the historic property.
With the case now before the division bench of the Delhi High Court, all parties involved are preparing their respective arguments and documentation, anticipating clarity over the long-standing dispute concerning the iconic Bikaner House.
The hearing will resume in July, bringing further developments in a case closely watched by both historical enthusiasts and legal observers.