Back
2023 Supreme(Del) 2732
IN THE HIGH COURT OF DELHI AT NEW DELHI
Prathiba M. Singh, J.
R. R. Patil Foundation & Anr. – Appellants
Versus
Archaeological Survey of India & Ors. – Respondents
W.P.(C) 1407 of 2023 and CM APPL. 5245 of 2023, 6083 of 2023, 6084 of 2023
Decided On : 08-02-2023
Mr. Rajshekhar Rao, Senior Adv with Mr. Sandeep Deshmukh, Mr. Nishant Sharma, Mr. Rakesh K. Sharma & Ms. Yamini Mookherjee, Advocates, for the Petitioner.
Mr. Rakesh Kumar, CGSC with Mr. Sunil, Advocate, for the Respondent.
The ASI's policy restricts permission for holding cultural events at protected monuments to government departments and public bodies.
Headnote:
ASI - Cultural Program Permission - The court directed the petitioners to seek permission from the State of Maharashtra to co-organize the event at the Agra Fort and then approach the ASI for consideration.
Fact of the Case:
The petitioners sought permission from the ASI to organize a cultural program at the Agra Fort, which was rejected based on the ASI's policy restricting permission to government departments and public bodies.
Finding of the Court:
The court directed the petitioners to seek permission from the State of Maharashtra to co-organize the event and then approach the ASI for consideration. The court also allowed the petitioners to approach the court if there is any delay in the ASI's consideration of the application.
Issues: Permission for organizing a cultural program at the Agra Fort, restriction on permission to private individuals and bodies, co-organizing the event with the State of Maharashtra.
Ratio Decidendi: The ASI's policy restricts permission for holding cultural events at protected monuments to government departments and public bodies. The court directed the petitioners to seek permission from the State of Maharashtra and then approach the ASI for consideration.
Final Decision: The petition, along with all pending applications, is disposed of with the direction for the petitioners to seek permission from the State of Maharashtra and approach the ASI for consideration if there is any delay.
JUDGMENT
Prathiba M. Singh, J. (Oral)
1. This hearing has been done through hybrid mode.
2. The present petition has been filed by Petitioner No.1- R.R. Patil Foundation and Petitioner No.2- Ajinkya Devgiri Pratishthan, Devgiri seeking directions to Respondent No.1- Archaeological Survey of India (ASl), to grant permission for organizing a cultural program at the Agra Fort on 19th February, 2023 on the occasion of the birth anniversary of Chhatrapati Shivaji Maharaj.
3. Representations seeking permission for the aforesaid program were sent by the Petitioners however, they have been rejected by the ASI vide letter dated 23rd December, 2022. Thereafter, another representation dated 9th January, 2023 was sent by Petitioner No.2, however, the same has not been considered.
4. The matter was first listed for hearing on 3rd February 2023, on which date ld. Senior Counsel for the Petitioners sought time to take instructions in the matter.
5. Today, Mr. Rakesh Kumar, ld. Counsel for the ASI has handed over to the Court the Office Memorandum ('OM') F.NO.17/37/04-M of the ASI dated 14th January, 2005, as per which the usage of specific areas of protected monuments and sites for holding cultural events is restricted to Government Departments and public bodies. The OM categorically states that no permission can be granted to private individuals, private bodies and other commercial organizations. Relevant portion of the said OM dated 14th January 2005, reads as under:
"The issue relating to usage of specified areas of protected monuments/sites for holding cultural events has been resolved and the competent authority has approved the following guidelines for usage of protected areas.
XXX
"8. Permission for holding functions would be granted only to Government departments and public bodies. No permission would be granted to private individuals, private bodies or other commercial organizations. In deciding whether the requests for holding a function is from a public body or not, the decision of the DG, ASI/SA, Circle would consider the previous history and activities of the organization, the purpose for which the event is being held and the nature and duration of the cultural event."
6. Mr. Rajshekhar Rao, ld. Senior counsel appearing for the Petitioners submits that he has moved two applications seeking to place on record additional facts and documents as also for the impleadment of the State of Maharashtra as Respondent No.4.
7. The case of the Petitioners is that they are a registered trust involved in social and cultural activities in the State of Maharashtra. Paragraph 4 of the writ petition reads as under:
"4. That the Petitioner No. 1 is a registered Trust which is actively involved in many social and charitable activities in the state of Maharashtra. Foundation has struggled for women safety, youth employment, ban on dance bar in Maharashtra and for well-being of farmers. Many cultural programmes have been organized so far by our Foundation such as celebration of Navaratri festival on large scale and flower showering on the statues of Chhatrapati Shivaji Maharaj. R.R. Patil Foundation and Ajinkya Devgiri Pratishthan, Devgiri, Maharashtra also celebrates the birth anniversary of Chhatrapati Shivaji Maharaj i.e.. Shiva Jayanti on large scale. The foundation and people of Maharashtra is emotionally attached to the Agra Fort where Chhatrapati Shivaji Maharaj alongwith his son was imprisoned and kept captive by Mogul Emperor Aurangzeb."
8. Owing to its historical significance, the petition has been filed by the Petitioners seeking permission to organize the birth anniversary celebration of Chhatrapati Shivaji Maharaj on 19th February, 2023 at the Agra Fort. This application has received support from the Chief Minister of Maharashtra and a letter to that effect has been placed on record. Further, it is not disputed that the State of Maharashtra is not a co-organizer of the event yet.
9. Since the OM and the policy of the ASI has been in
