Point of Law: Doctrine of public trust was thus applied in the above context by the Supreme Court as it aimed at interfering with the course of the river and also affect the forest. In the present case, there is no interference with air, river, forest, sea-shore, mountain etc. for the benefit of any private party for commercial gain. Rather the Indian Railways is coming up with a new academic block for its two premier institutes viz. NRTI and NAIR on its own land.

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 oth