Stay on eviction order of Asaram ashram vacated

THE LEASE OF PROPERTY ON WHICH THE ASHRAM IS SITUATED EXPIRED IN 1970

NAINITAL : Uttarakhand high court has vacated the stay on eviction order against the ashram of self-styled godman Asaram Bapu located on the forest land in Rishikesh, said Kartikey Hari Gupta, the counsel for Stephen Dungey, who is the intervener in the case.

Gupta said an eviction order, dated September 9, 2013, was issued by the state forest department against Asaram Ashram, which declared that the lease of property ‘number 59, Bharmapuri, Neergarh, Munni-ki-reti, Rishikesh’, on which the ashram is situated, had expired in 1970 and was never renewed.

“Against this backdrop, the forest department had issued an eviction order in 2013. This eviction order was, however, stayed by the high court through its order on September 17, 2013, in a writ petition filed earlier that year,” he said.

The court of justice Manoj Kumar Tiwari vacated the stay order through an order on December 4, 2018, said Gupta, adding that the copy of the order was made available on Friday.

Gupta said the forest department’s eviction order of 2013 was passed against Asaram Ashram on the complaint of Stephen Dungey.

“I have also filed an intervention application in the writ petition of Asaram Ashram case,” Gupta added.

It was he who had brought on record the original lease deed of 1950, which was given to one Swami Tyagi Laxman Das and it was limited for 20 years, Gupta said, adding that the said lease had expired in 1970 and was never renewed after that.

Gupta said Dungey had filed copy of a government order dated September 9, 2005 before the court, which stated that as per a clause in case of any transfer of lease (as done by the original leaseholder in this case), such lease shall not be renewed then and the transferee shall be evicted and forest department shall take the forest land in its possession.

“Dungey had also pleaded before the court that as per Forest Conservation Act, 1980, the lease of Asaram Ashram cannot be renewed as Asaram is doing a non-forest activity in the forest area,” he said.

“By virtue of stay order dated December 4, 2018, the eviction order of 2013 stands revived and operational. The Asaram Ashram has filed an appeal before the division bench which is yet to be heard on admission,” Gupta added.