GANDHINAGAR, NOV 8: This is the temple that was resurrected through efforts made by Sardar Patel. This is the temple from which Union Home Minister L K Advani started his Somnath to Ayodhya Rathyatra, which catapulted the BJP to significance in national politics. The historic Shiva Temple in Somnath is also the temple where the Somnath Trust has been bending the law and getting away with it - for the past 30 years.It was in 1955 that the erstwhile Saurashtra Government allotted 20.6 lakh square metres of land in Veraval (Somnath), Patan and other villages in Junagadh district on a 999-year lease to the trust. Normally, leases are for 99 years, but this was a special case since the trust manages a historic temple.Since then irregularities have been rampant: The trust has sold off as well as sub-leased land - something that is clearly illegal. In October 1968, the trust got permission from the Gujarat Government for non-agricultural use of over 7.2 lakh square metres of land and sold it to buyers for residential purposes. In August 1979, 8,735 square metres was sub-leased by the trust to another party, which further sub-leased it in June 1997.A report of the Comptroller and Auditor General states that the trust is guilty of gross violations of revenue and tenancy laws. However, the trust, whose trustees today include Union Home Minister L K Advani and Gujarat Chief Minister Keshubhai Patel, has disputed the state's claim.According to the law, the trust could neither sell the land nor sub-lease it. According to Section 73B of the Bombay Land Revenue Code, read with Section 43 of the Bombay Tenancy and Agricultural Lands Act, 1948 (as applicable to Gujarat) and a State Government Resolution of May 1980, when Government land is leased to any tenant, it cannot be sold or sub-leased without the prior permission of the Government and without payment of premium to the Government at 50 per cent of market value.In this case, a large part of the land has been sold off as well as sub-leased without the State Government's permission and without payment of the premium, which has been estimated at Rs 32.04 crore. The premium recoverable by the State Government is over Rs 16 crore.The CAG report of March 31, 1999 has taken serious note of the case and indicted the Junagadh District Collector for not recovering Rs 16.03 crore ``on the misused land of 7,28,865 square metres by the trust.'' The ``gross violations'' came to light during test check of records at the Junagadh Collectorate and the office of the Veraval Taluka Development Officer.When contacted, State Revenue Minister Vajubhai Vala feigned ignorance but told The Indian Express that, ``Nobody can sell or sub-lease a leased government land. The rules are very clear. I will look into it.''Junagadh District Collector Sunaina Tomar confirmed over the telephone that the Collectorate has to recover the premium amount from the Somnath Trust and that there has been ``violation of the lease conditions.'' But she said the trust had disputed the State's claim to the premium as well as the fact that it needed any permission from the Government. ``We have written to the Government seeking advice in view of the trust's arguments, but are yet to get a reply.''
