In a landmark ruling, a Pune court has granted the Jamadar-Malvadkar family permanent possession of the Jaystambh monument and 9.25 acres of adjacent land in Perne village, ending a years-long legal battle.
- Pune court grants permanent possession of Jaystambh and 9.25 acres to the Jamadar-Malvadkar family.
- The ruling prohibits the State Government from evicting the family without due legal process.
- The decision is based on a historical 'sanad' granted by the British in 1824.
A civil court in Pune has delivered a significant verdict granting the Jamadar-Malvadkar family permanent possession of the Jaystambh and approximately 9.25 acres of adjoining land located in Perne village, Haveli taluka. Joint Civil Judge (Senior Division) Amol Shinde passed the order on Friday, resolving a contentious dispute over one of Maharashtra's most historically sensitive sites.
The Jaystambh is a military monument erected by the British government in 1822 to commemorate soldiers who fought against the Peshwas in the Battle of Koregaon Bhima on January 1, 1818. Historical records reveal that on December 13, 1824, the British appointed Kandojibin Gajoji Jamadar—a wounded veteran of the battle—as the in-charge of the monument. He was granted a "sanad" (official decree) which gave his family possession of about 260 acres of land, including the Jaystambh, contingent upon having male successors.
Why This Matters
BozokMedia analysis shows that this ruling intersects with deep-seated social narratives in Maharashtra. While the Jamadar family, belonging to the Maratha community, views the battle as a multi-caste military engagement, the Dalit-Ambedkarite community views the Jaystambh as a symbol of victory over caste oppression. The legal battle over the land's possession thus becomes a proxy for the struggle over historical interpretation and spatial control of a site visited by lakhs of people every January 1st.
The court's reliance on the 1824 sanad emphasizes that documented ancestral grants often override subsequent administrative disputes in Indian civil law.
The conflict escalated in September 2015 when the Bhima Koregaon Vijay Stambh Saurakshan and Savardhan Samiti alleged that the family's name was "illegally" included in the 7/12 land extracts. The Samiti sought the removal of the family to create more space for the massive crowds that gather for "Shaurya Din." In response, Captain Balasaheb Jamadar-Malvadkar and his relatives filed a civil suit in April 2017 against the State of Maharashtra and BARTI to prevent their eviction.
After a series of lower court rejections and a status quo order from the Bombay High Court, the trial court finally ruled that the state government is "permanently restrained from disturbing the possession" of the plaintiffs. While the suit of Captain Balasaheb was dismissed on a technicality, the claims of his heirs and relatives were upheld.
| Party | Primary Claim/Argument | Legal Basis |
|---|---|---|
| Jamadar Family | Permanent Ownership & Possession | 1824 British Sanad & Court Orders |
| Protection Committee | Public Utility & Encroachment Removal | Social Significance & Space Requirements |
Frequently Asked Questions
1. What was the primary evidence used by the Jamadar family?
The family produced an original copy of the 'sanad' granted by the British in 1824, along with a British court order from 1826.
2. Does this ruling change the status of the Jaystambh as a monument?
No, the ruling specifically addresses the land possession and the right to reside/farm on the adjoining 9.25 acres, not the monument's status as a historical site.
