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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
VIKRAM NATH, ASHUTOSH J. SHASTRI, JJ.
Heritage Trust - Appellant
Versus
Union Of India - Respondent
R/Writ Petition (PIL) No. 179 of 2020
Decided on : 15-06-2021
Constitution of India, 1950 - Article 226, 49 and 51A(f) - Gujarat Public Trusts Act, 1950 – Public trust – Ancient Monuments and Archaeological Sites and Remains Act, 1958 - Section 2(a) - Gujarat Ancient Monuments and Archaeological Sites and Remains Act, 1965 - Section 2(1) - Protection of heritage property - Construction plan - Fundamental duty - Constructing a building on gardens - Claimed is for appropriate directions commanding respondents to take necessary steps to construct proposed building at an alternative place which will not obstruct view or ruin of Pratap Vilas Palace or its gardens - Direction be issued to the respondents to take all steps that are necessary for protecting and preserving Pratap Vilas Palace and its precincts - prayed that respondents i.e. Union of India through Ministry of Railways, (RVNL), National Academy of Indian Railways (NAIR) and State of Gujarat, Ministry of Tourism, be restrained from constructing any building on gardens or area in front of Palace or at any place that would obstruct view and ambience of palace or its gardens - According to writ applicants, if such building is permitted to be constructed, the same will destroy ambience of palace and its view from Raja Baug Gardens as well as view of gardens from the palace. It appears from materials on record that palace is located in an area spread over 55 acres of land.
Finding of the court: Public Trust Doctrine primarily rests on the principle that certain resources like air sea, waters and the forests have such a great importance to the people as a whole that it would be wholly unjustified to make them a subject of private ownership. The said resources being a gift of nature, they should be made freely available to everyone irrespective of the status in life. The doctrine enjoins upon the Government to protect the resources for enjoyment of the general public rather than to permit their use for private ownership or commercial purposes. According to Professor Sax the Public Trust Doctrine imposes the following restrictions on governmental authority."Three types of restrictions on governmental authority are often thought to be imposed by the public trust: first, the property subject to the trust must not only be used for a public purpose, but it must be held available for use by the general public; second, the property may not be sold, even for a fair cash equivalent; and third the property must be maintained for particular types of uses - Even at cost of repetition it is to be noted that there is no conversion of any greenbelt into a residential area. There is minimum interference with existing green area and whatever green area is being affected has not only been restored but also multiplied many times - Pratap Vilas Palace is not a public property open to public access but is a restricted property owned by the Railways.
Result: Petition dismissed
JUDGMENT :
VIKRAM NATH, J.
1.The Heritage Trust, a public trust registered under the Gujarat Public Trusts Act, 1950 with its registered office at Vadodara, joining with 7 Executive Committee members has filed the present petition under Article 226 of the Constitution of India framed as a Public Interest Litigation.
1.1 It has been firstly prayed that the respondents i.e. the Union of India through Ministry of Railways, Rail Vikas Nigam Limited (RVNL), National Academy of Indian Railways (NAIR) and State of Gujarat, Ministry of Tourism, be restrained from constructing any building on the gardens or the area in front of the Pratap Vilas Palace, Vadodara or at any place that would obstruct the view and ambience of the palace or its gardens.
1.2 The second relief claimed is for appropriate directions commanding the respondents to take necessary steps to construct the proposed building at an alternative place which will not obstruct the view or ruin the ambience of the Pratap Vilas Palace, Vadodara or its gardens.
1.3 It is next prayed that an appropriate direction be issued to the respondents to take all steps that are necessary for protecting and preserving the Pratap Vilas Palace, Vadodara and its precincts.
1.4 Lastly, it is prayed that pending the hearing and final disposal of the petition, the respondents be restrained from taking any further steps towards constructing a building on the gardens or in the area in front of the Pratap Vilas Palace, Vadodara, or at any place which may obstruct the view or ruin the ambience of the palace or its gardens.
2. In paragraphs 1 and 2 of the petition, the credentials of the petitioner trust and the members of its Executive Committee have been given in detail and further the activities of the trust have also been highlighted including the earlier Public Interest Litigations initiated by the petitioner trust. Paragraph 3 of the petition mentions the fact that the present petition is purely in public interest and there is no interest of any of the present petitioners or the trust and that the Advocate is also appearing pro bono without charging any fees and there is no litigation cost incurred as such.
2.1 Paragraphs 4.1 to 4.14 set out in detail the brief history of the palace, detailed description of the palace building and the surrounding campus, details of the architect who designed the Pratap Vilas Palace and also about the post independence significance of the palace and recognition given by the Ministry of Railways and other authorities to the palace from time to time. We will refer to in brief about the details provided.
2.2 Pratap Vilas palace is a 106 year old historical and architectural icon of the city of Baroda and of Gujarat. The significance of this heritage property is from varied points of view: historical, cultural, architectural, artistic and ecological.
2.3 The palace was built by Maharaja Sayajirao III Gaekwad, the great reformist ruler who ruled from 1875 to 1939. Upon his passing away in 1939, Pratapsinhrao Gaekwad became the 14th and last Maharaja of the State of Baroda. The palace is named after the last Maharaja of Baroda (whose family had lived in the palace for many years). He was crowned as king from the balcony of the Palace.
2.4 Pratap Vilas Palace is Vadodara’s 2nd largest palace. It is designed in the Indo-Sarcenic style of architecture (a blend of Indian and European architectural styles) and is lined with Italian marble. The palace is built in the Renaissance and Baroque styles of architectural influences with columns and arches drawn from South, Central, North Indian and Islamic traditions. The facade flaunts a dome clad entirely with copper. The grandeur of the palace is further emphasized by the ornaments used to embellish the structure i.e. classical traits such as pediments, semi-circular arches, lantern-like elements, balustraded railings, ionic columns and domes. The palace was designed by a well known British architect, Mr. Charles F. Stevens whose two othe
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