T.V. Nalawade, J.

Rule. Rule made returnable forthwith. By consent, heard both the sides for final disposal.

2. The petition is filed for issuing directions to respondent Nos. 1 to 23 to take steps to shift the petrol pumps of respondent Nos. 24 to 31 from the present sites of petrol pumps for protection and preservation of some historical structures and sites of Aurangabad city. Directions are also sought to see that no petrol pump is allowed to be kept open within distance of 1 k.m. from historic sites mentioned in the petition. It is contended that representations were given to the Collector, Aurangabad to take steps as per the Ancient Monuments and Archaeological Sites and Remains Act, but the steps are not taken. It is contended that these petrol pumps have not obtained necessary certificates like no objection certificate from the concerned authority and as they store and sell explosive substances like petrol and diesel, they have become danger to the historical structures and in the past, some incidents had taken place in the vicinity of few of the petrol pumps like starting of fire.

3. For the decision of the matter like present one, one needs to know the history of Aurangabad to ascertain the importance which needs to be given to the structures mentioned in the petition and also the nature of construction in view of the danger to them described in the petition.

4. Aurangabad is a historic city. When the city was developed in the past, it was like the second capital of the emperor, Badshaha, who was ruling most portion of present India. It had surrounding walls with 52 gates. Aurangabad had developed as a cosmopolitan city even prior to Nizam's Rule. It needs to be observed that there is little appreciation of impressive monuments of this historic city and only few of them have survived. These structures were built by successive rulers, Delhi Sultanates, Nizam Shahs, Mughals and Asaf Jahi during 14th to 18th century. This was Islamic period of northern Deccan and Delhi rulers were controlling almost entire portion of present India.

5. In 17th century Mughal administrative apparatus transformed this region from regional strong hold to imperial one. Even prior to that, in the year 1327 Delhi Sultanates had relocated its capital at Devgiri (Daulatabad) situated at the distance of hardly 14 k.m. from Aurangabad. Though after few years, capital was again shifted to Delhi, the fact remains that this region was considered as capital of Delhi Sultanates for some years. After shifting of the capital to Delhi, many of those who had suffered this forced migration chose to stay in Deccan region. In 15th century this region came under Nizam Shah. After 1600, the region was controlled by reg ent minister Malik Amber of Nizam Shah. His name is famous in this region as he created many architectural wonders and wonderful underground water ways.

6. During regime of Malik Amber, the population and commerce of Daulatabad town which was controlling this region outgrew Daulatabad and so, Malik Amber founded the city of Khadki. Later Khadki was to become Aurangabad, the Deccan headquarters of Mughals, taking its name from prince Aurangzeb. Aurangzeb was placed in Aurangabad first as Viceroy of emperor and then as emperor, Aalamgir. He spent many of his years of life in this region and ultimately he died in this region in the year 1707. The Mughals contribution to Aurangabad changed the face of this town. Under this rule, Aurangabad was surrounded by high walls with multiple gates. Inside the walls imperial Mughal buildings were constructed which include mosques, tombs and other complexes including the places where the emperor lived and worshiped. Wonderful structure Bibika-Maqbara was also constructed by Mughals. After Mughal, kingdom of Asaf Jahi was formed in Aurangabad and rulers of Asaf Jahi were then called as Nizams.

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