IMPORTANT POINT
The court established that the State has a constitutional obligation to protect heritage sites, and failure to act against unauthorized activities constitutes a serious lapse, necessitating accountability and proactive measures for preservation.

JUDGMENT/ORDER

M.S.SONAK, J. - This Suo Moto Public Interest Litigation was triggered by an article in The Times of India (Goa Edition) dtd. 25/5/2022 penned by Mr Rajendra Kerkar entitled "Laterite Quarrying 300m from Pansaimol petroglyphs threatens prehistoric rock art".

2. The above report is quoted verbatim for the convenience of reference:

"The haphazard quarrying of laterite stones in Pansaimol, Sanguem, is posing a threat to the prehistoric rock carvings. The quarrying operations, without permission from either the forest department, state pollution control board, or the directorate of mines and geology, was brought to light on Tuesday during a government inquiry. The rock carvings in Pansaimol, which comes under the Rivon panchayat, was recently recommended by the Union government to be included in the tentative list of world heritage sites, along with the rock carvings in Maharashtra's Konkan region. Although the State has notified it as a protected archaeological site - and the carvings depicting the faunal diversity and paleo-climatic condition are of immense importance for learning Goa's prehistory of Goa - the quarrying of laterite, that has been on for a while, is being conducted just 300m away.

In the past, when quarrying of laterite stones was conducted, vigilant heritage lovers stopped it. However, after a few months, quarrying resumed on a large-scale, and this is threatening the rock carvings.

We visited the Site where laterite quarrying was going on in Pansaimol, next to the rock carvings site, assistant archaeologist Varad Sabnis of the State directorate of archaeology told T.O.I.

"A report of our findings will be submitted to higher authorities for action."

The inspection team of the archaeology department is of the view that there is threat to the rock carvings due to the stone quarrying.

Although the rock carvings on the bank of the Kushavati have been notified as a protected archaeological site, there are also a few carvings reported in the vicinity that are facing the vagaries of nature and increasing anthropogenic pressure.

The rock carving site was discovered in 1993 and notified, following which laterite quarrying and iron ore mining was stopped by the state government.

These petroglyphs display the heritage of the pre-historic man from the Mesolithic to the medieval period."

3. Article 49 of the Constitution of India, a directive principle (which is fundamental in the governance of the country, and it shall be the duty of the State to apply this principle in making laws), provides that it shall be the obligation of the State to protect every monument or place or object of artistic or historic interest, (declared by or under law made by Parliament) to be of national importance, from spoilation, disfigurement, destruction, removal, disposal or export, as the case may be. Further, Article 51-A(f) of the Constitution provides that every citizen of India shall value and preserve the rich heritage of our composite culture.

4. The petroglyphs or geoglyphs at Pansaimol, Sanguem, Goa consist of several rock engravings on the laterite bed on the banks of the river Kushavati. The engravings are primarily of animals and other symbols which may have had cultural and/or religious significance in prehistoric times. The petroglyphs at Pansaimol date back to 6000-8000 years. The Site was discovered in the year 1993 by accident. Vide Notification dtd. 5/5/1999, the Site of rock carvings in Survey Nos.107, 108 and 109 of Sanguem Taluka were declared a 'protected site' under Sec. 3 of the Goa Ancient Monuments and Archaeological Sites and Remains Act, 1978. The Site was recently recommended by the Central Government to be included in the tentative list of world heritage sites, along with the rock carvings in Maharashtra's Konkan region. UNESCO has accepted the same in the tentative list of World Heritage Sites. Further process in this regard is underway.

5. On 17/2/2022, the permanent delegation of India to UNESCO submitte