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2020 Supreme(SC) 369
SUPREME COURT OF INDIA
Arun Mishra, S. Ravindra Bhat, JJ.
THE DIRECTOR, DEPARTMENT OF ARCHAEOLOGY AND MUSEUMS, JAIPUR & ANR. – APPELLANTS
VERSUS
ASHISH GAUTAM & ORS. – RESPONDENTS
Civil Appeal No. 4070 of 2016
Decided on : 11-05-2020
For the Appellant :Manish Singhvi, Milind Kumar, Advocates
For the Respondent:Rohit K. Singh, Advocate
IMPORTANT POINT
Preservation of archaeological monuments must be ensured with reasonable restrictions.
Headnote:
Constitution of India – Article 32/226 – Public Interest Litigation – Safety and security of wildlife in Reserve Forest Area – By way of impugned judgment and order, NGT held that Monument is part of forest area and directed that no permission should be granted to organise social functions like marriages, etc. and for use of fireworks, loud music in Monument – At present, Monument is an archaeological monument and was being used for earning revenue by organising various functions – In the process, it was also maintained – Monument is adjacent to Jaipur-Agra highway, it has historical importance and is entirely enclosed by a Pakka structure – It does not disturb forest area though Monument may be recorded as forest – It would not be appropriate to permit use of Monument to hold various functions during night after 8.00 P.M. – Tourist timings are 8.00 A.M. to 8.00 P.M. – During that time, considering importance of historical Monument and it is in encircled structure by wall and its potentiality there cannot be any objection for its being used for multipurpose appropriate activities – At the same time, there is in place a noise restriction, same has to be strictly observed--Besides, Government has imposed several other restrictions in the area – In addition to that, it is also to be ensured that no fireworks take place in and around Monument to prevent noise and air pollution – Restriction on use of laser light is also required – Beautification of Garden with ornamental plants of rare breed and flowering plants is also required – It is necessary to maintain and keep in order musical and other fountains – However, blanket ban imposed by Tribunal was not called for as area can be used for appropriate functions and for holding events to attract tourists – No inconvenience is going to be caused in the area considering situation of Monument – However, it is necessary to dedicate requisite number of staff and gardeners and supervisors to look after Garden, for that requisite steps be taken – Directions issued and order of Tribunal modified. (Paras 8 and 9)
Facts of the Case:
Present appeal has been preferred by the Department of Archaeology and Museums aggrieved by the judgment and order dated 5.11.2014 passed by the National Green Tribunal, Central Zonal, Bhopal in Original Application No.132 of 2013 (CZ). The matter pertains to Sisodia Rani ka Bagh situated at Jhalana, Jaipur, State of Rajasthan.
Findings of the Court:
In the writ petition itself, a prayer was made pertaining to the safety and security of wildlife and not to allow laser lights, loud music and fireworks. However, it is necessary to dedicate requisite number of staff and gardeners and supervisors to look after the Garden, for that requisite steps be taken.
Result : Appeal allowed in part.
JUDGMENT
1. The appeal has been preferred by the Department of Archaeology and Museums aggrieved by the judgment and order dated 5.11.2014 passed by the National Green Tribunal, Central Zonal, Bhopal (for short, 'the Tribunal') in Original Application No. 132 of 2013 (CZ). The matter pertains to "Sisodia Rani ka Bagh" (for short, 'the Monument'), situated at Jhalana, Jaipur, State of Rajasthan.
2. The Department of Art, Literature, Culture, and Archaeology declared the Monument as protected one vide notification dated 8.2.2012. Thereupon, Rajasthan General Development Department transferred the Monument for supervision to the Department of Archaeological and Museums. The ceremonies like marriage and other events used to be held in the Monument. For that, a notification dated 7.6.2012 specifying the conditions for holding such ceremonies was issued.
3. Respondent No.1 - Ashish Gautam preferred a writ petition before the High Court of Rajasthan by way of Public Interest Litigation, in which a prayer was made to issue appropriate directions about the safety and security of the wildlife in the Reserve Forest Area and further directions for restraining the use of laser lights, loud music and fireworks in the Monument. The High Court of Rajasthan transferred the matter to the NGT. By way of impugned judgment and order, the Tribunal held that the Monument is part of the forest area and directed that no permission should be granted to organise social functions like marriages, etc. and for the use of fireworks, loud music in the Monument. Hence, the appeal.
4. Learned senior counsel on behalf of the appellants argued that the Tribunal was not justified in putting a blanket ban upon holding of ceremonies in the Monument, situated adjacent to the city. The prohibition imposed shall adversely affect State tourism and would render the entire Monument of no use, and its upkeep would be difficult. It is situated on the Jaipur-Agra highway, and it is 3 km. away from Jaipur city. The location of the Monument is ideal and very significant for tourism purposes and for holding such functions. The Monument is a historical place and has been used since long for holding ceremonies, in the process revenue earned is the impetus to the State exchequer. The prayer was confined in the original application only to impose conditions for holding functions that used to be organised so that the wildlife was not disturbed in any manner. Specific guidelines existed and if any further restriction was required it could have been ordered instead of a blanket ban. Thus, the order of the Tribunal is against the public interest and interest of tourism in the State of Rajasthan. No massive lighting, which could have disturbed the wildlife, was permitted. The traffic in the vicinity of the Monument is restricted, and only two-wheelers are allowed to pass through the place. There is restriction on the use of loudspeakers in high volume. No person is permitted to violate the restrictions imposed by the District Administration, Jaipur. The Monument in question is not part of Tiger project.
5. This Court by order dated 22.10.2019 directed the State Government to come up with a plan for beautification of the area and for developing gardens to embellish the Monument. In compliance, an affidavit has been filed on behalf of the State of Rajasthan. It has been submitted that on 30.10.2019, a meeting was called by the Principal Secretary, Art, and Culture Department, State Secretariat, which was attended by the Chief Conservator of Forest and HOFF, Additional Chief Conservator of Forest and Chief Wildlife Warden, Director, Archaeology and Museums Department, Executive Director (Works), Amer Development and Management Authority and the Circle Superintendent, Archaeology and Museums Department, Circle Jaipur. It was decided to hire a Consultant to prepare a detailed plan for the development and beautification of the Monument. The Chief Secretary has approved the same. On receipt of the
