
BHIMTAL, OCTOBER 14: The idyllic hills looming large over June Estate in Bhimtal, Nainital district are deceptively calm. Inside June Estate lies Frederick Smetacek Jr., a German ecologist who was born and brought up here, and who8217;s spent a lifetime protecting the trees, birds and animals in the area.
Today, Smetacek Jr. is virtually a hostage in his own home, amongst a rare and priceless collection of butterflies from the world over. On October 4, 16 armed men broke into the annexe to his home which he had restored earlier this year and occupied it. They claim that the main house in which Smetacek lives, just ten yards away from the annexe, belongs to them. Smetacek, who lives alone, was in no position to defend himself. He suffers from neurocysticercosis, and has been immobilised because of a broken hip for over an year.
The armed men, who8217;re dressed in uniform, claimed they8217;re from a 8220;private security agency8221;. They said they worked for Dharmendra Pratap Singh, the Maharaja of Balrampur Western UP. Singh, who8217;s the President of the UP chapter of the World Wildlife Fund-India, claims that the bungalow belongsto him, and that his men had been living there since May.
However, Smetacek has documentary evidence to show that he8217;s been living here, including ownership papers, electricity bills, water connection charges and house tax receipts dating back to 1980. In addition, several witnesses, including guests who have stayed in the house after May, dispute the claim.
The administration insists it8217;s a 8220;land dispute8221; between two parties. But there8217;s no precedent to this, no case pending in a court somewhere. One of the Maharaja8217;s employees, D.B. Singh, confirms this, and says 8220;we do not see the need to show our papers8221;.
The local police can8217;t do anything since the area is under the jurisdiction of the local patwari, Mahesh Lal. Though the 48-year-old Smetacek is seriously ill and immobile, the patwari didn8217;t feel it necessary to take any action. In desperation, Smetacek telephoned the District Magistrate, Aradhana Shukla, who confirmed that Smetacek had spoken to her. She has spoken to the police to ensure that law and order is being maintained8217;. 8220;I have to check on whose house it is after all,8221; she said.
S.K. Sharma, chairperson of the Uttarakhand Human Rights Society, commented, 8220;They are taking advantage of an ailing person. From the documents, there8217;s no doubt about who8217;s in actual possession of the house. If there8217;s a dispute, they must show their papers and the case must be settled in court. The authorities should not allow this kind of goondaism to undermine the law.8221;