A story of two buildings

Both Baroda House, headquarters of Northern Railways, and Rail Bhavan, headquarters of Indian Railways, were acquired through adverse possession, indelicately referred to as squatter's rights

There has to be more than one connection between Maharaja of Gaekwad and railways. After all, the then Maharaja (Khanderao) made Baroda the first Princely State to start railways, though initially, in 1862, this narrow gauge line (between Dabhoi and Miyagam Karjan, a distance of 20 miles) had trains pulled by oxen. Eventually, steam locomotives were introduced in 1873 and this led to the evolution of Baroda State Railway and later, Bombay, Baroda & Central India Railway. Baroda state merged with India through an accession agreement signed in March 1949. All Baroda state’s property did not automatically become property of Union government, or Maharashtra or Gujarat state governments, as the case might be. More accurately, state property did become government property, but the Maharaja, and other rulers, possessed private property too. That continued to remain in private hands and as families splintered, there was, and continues to be, litigation. For instance, a few years ago, after litigation in courts, members of the Gaekwad family amicably settled disputes over ancestral property. There are two in Delhi, involved in litigation not between family members, but between family members and government. Or so it seems. One is the Sirmur plot, the second is Baroda House. They are adjacent.

Sirmur plot is where New Maharashtra Sadan is. It originally belonged to Maharaja of Sirmur, but Gaekwads bought it in 1930, in case it was needed for expanding Baroda House. (Baroda House was completed in 1936.  It was designed by Edwin Lutyens and in an odd coincidence, Lutyens designed it on a train.)

Post-Independence, no one worried too much about the ownership of Sirmur plot — Union government, Maharashtra government, Gujarat government, Gaekwads. After some wrangling, Maharashtra obtained clear title/possession in 1999. Something similar seems to have happened with Baroda House. Until recently, there was a case in Delhi High Court, where Gaekwad descendants were litigating against the government. The petition argued Union government paid rent for Sirmur plot and Baroda House till 1965. Later, when both were acquired by government(s), alternative property was promised as compensation, a promise not acted upon. One petition in Delhi High Court was dismissed because the claimant couldn’t prove his ancestral right. But the issue about some claim to the Sirmur plot and Baroda House, even if it is in the form of alternative property as compensation, is presumably valid, since both properties find a mention in the Gaekwad family settlement.

Baroda House is now the headquarters of Northern Railways (NR), formed in April 1952. The legendary Karnail Singh belonged to IRSE (Indian Railway Service of Engineers) and was the first GM (General Manager) of NR.  There may be litigation with Gaekwad descendants about alternative property as compensation, but there is no dispute that Baroda House now belongs to NR and Indian Railways (IR). 

Indeed, there was an instance where NR didn’t pay a private company its dues. Despite an arbitrator’s award in 2007 and a Delhi High Court order in 2012, NR persisted in its refusal. Therefore, in 2014, Delhi High Court ordered attachment and auction of Baroda House to recover payment. NR promptly paid. How did NR come to occupy Baroda House? There is a hoary tale told by railway old-timers. I haven’t found it documented anywhere. But all old-timers vouch it is true and the tale concerns Karnail Singh. 

Rail Bhavan was completed in 1962, but a plaque in the building mentions December 30, 1960 as inauguration date. Photo: Dalip Kumar

By the way, before joining IRSE, Karnail Singh studied in Thomason College of Civil Engineering, Roorkee. It is unlikely he then knew he was going to join railways, so that’s another odd coincidence. A steam locomotive was imported in early 1850s and it came to be known as Thomason. In 1851, the Solani viaduct or aqueduct (near Roorkee), India’s first aqueduct, was being constructed. This was part of the Ganges Canal, an anti-famine irrigation and navigation waterworks programme. 

The Indian Institute of Technology Roorkee used to be University of Roorkee earlier. Between 1853 and 1948, University of Roorkee used to be the Thomason College of Civil Engineering, where Karnail Singh studied. It was set up in 1847 as a College of Civil Engineering, but came to be given the name of Thomason in 1853. This college was set up to supply canal engineers for the Ganga Canal project. The locomotive and the college were both named after Thomason, James Thomason, who was Lieutenant Governor of North Western Provinces between 1843 and 1853. 

The hoary tale is as follows. In the immediate post-Independence chaos, it wasn’t obvious who owned what property in Delhi. With NR having been formed, as GM, Karnail Singh, discovered unoccupied prime real estate in the form of Baroda House. Overnight, he brought some trucks in and claimed it for NR. In legal terms, this is adverse possession, indelicately referred to as squatter’s rights. There is a similar story about Rail Bhavan too, now headquarters for IR. The credit for this, and some other Bhavans, goes to CPWD’s Chief Architect, Habib Rahman. Architects have lambasted this style as “Delhi Despotic”. 

Rail Bhavan was completed in 1962, but a plaque in the building mentions December 30, 1960 as inauguration date. Jagjivan Ram was Railway Minister between 1956 and 1962 and Karnail Singh was CRB (Chairman, Railway Board) between 1960 and 1972.  Apparently, the new building was meant to house army headquarters, a companion to Vayu Bhawan/Bhavan. However, emboldened by success with Baroda House and proximity with the then Prime Minister, Jagjivan Ram and Karnail Singh used adverse possession, even before the building could be completed. 

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The author is chairman, Economic Advisory Council to the Prime Minister. Views are personal