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2020 Supreme(Raj) 69
IN THE HIGH COURT OF RAJASTHAN AT JODHPUR
I. Mahanty, Pushpendra Singh Bhati, JJ.
Sunil Paliwal - Appellants
Vs.
State of Rajasthan and Ors. - Respondent
D.B. Civil Writ Petition No. 13795 of 2018
Decided On : 09-01-2020
For the Appellant : Manas Ranchhor Khatri
For the Respondents: Karan Singh Rajpurohit, AAG, Surendra Singh, Sachin Acharya, Manvendra Singh and Yuvraj Singh
The court emphasized the importance of preserving and conserving historical monuments and archaeological sites, and the need for careful planning and development to ensure their protection and accessibility to the public.
Headnote:
VILLAGE KULDHARA - RAJASTHAN MONUMENTS, ARCHAEOLOGICAL SITES AND ANTIQUITIES ACT, 1961 - ANCIENT MONUMENTS, ARCHAEOLOGICAL SITES AND REMAINS ACT, 1958 - CONSERVATION AND PRESERVATION OF MONUMENTS - ASI REPORT - DIRECTIONS FOR DEVELOPMENT AND PROTECTION - SUMMARY
Fact of the Case:
A Public Interest Litigation was filed seeking the revocation of permissions granted for commercial activities within the protected monument Village Kuldhara, removal of unauthorized structures, and restoration of old structures using original materials. The petitioner also sought directions to amend the Rajasthan Monuments, Archaeological Sites and Antiquities Act, 1961, in light of the Central Statute, the Ancient Monuments, Archaeological Sites and Remains Act, 1958, and to frame bye-laws for the protection of the monument.
Finding of the Court:
The court relied on the report submitted by the Archaeological Survey of India (ASI) after inspecting the site and evaluating the conservation activities carried out by the Rajasthan State Department of Archaeology. The report provided detailed observations and recommendations for the preservation, conservation, and development of the monument.
Issues: 1. Whether the permissions granted for commercial activities within the protected monument Village Kuldhara were valid and in accordance with the law. 2. Whether the unauthorized structures erected within the monument should be removed. 3. Whether the old structures should be restored using original materials. 4. Whether the Rajasthan Monuments, Archaeological Sites and Antiquities Act, 1961, should be amended in light of the Central Statute, the Ancient Monuments, Archaeological Sites and Remains Act, 1958. 5. Whether bye-laws should be framed for the protection of the monument.
Ratio Decidendi: 1. The court accepted the ASI's recommendations for the preservation, conservation, and development of the monument, including the restoration of five buildings for use as a museum, administration block, visitors' center, model house, etc., and the relocation of guard rooms. 2. The court directed that any new construction should take place only on the left flank of the road dividing the heritage monument and the vacant land, and that no construction already made by the private respondents should be removed, except for the overground guard rooms which should be taken underground. 3. The court prohibited the use of the actual monumental area for any restaurant or commercial activity, except for toilets, resting areas, and souvenir sales. 4. The court directed the State to make necessary appointments for manpower in consultation with the ASI to facilitate the conservation, protection, and development of the monument. 5. The court ordered the development of a mechanism for levying entry fees and other charges to ensure proper streamlining of funds for the development and maintenance of the monument. 6. The court appreciated the CSR and ASI efforts to develop the overall monuments and hoped that such cooperation would continue as per the directions given.
Final Decision: The court disposed of the petition and all pending applications accordingly, directing the State to implement the ASI's recommendations and the court's directions for the preservation, conservation, and development of the monument. The court also directed the petitioner to submit a detailed representation for the preservation and conservation of the cremation ground adjacent to the monument, and the State to take appropriate action in this regard.
JUDGMENT :
1. This writ petition, in the form of Public Interest Litigation, under Article 226 has been preferred claiming the following reliefs:
"I. By an appropriate writ, order or direction, the permission granted by Director, Department of Archaeology and Museums, Jaipur on 26.09.2016 (An. 6) vide letter No. 12498 and permission granted by Deputy Director, Department of Archaeology and Museums, Jaipur on 17.01.2017 (Anx. 8) vide letter no. 437 to designs, layout plans and drawings for installation of cafeteria including choki dhani restaurant, development of pool for boating, space to be developed for cultural dance and other performances, development of mini market place, shop stalls and development of suits and tent resorts and other commercial establishment inside the protected monument Village Kuldhara may kindly be revoked.
II. By an appropriate writ, order or direction, the respondent may kindly be directed to remove cafeteria, pool for boating, space developed for cultural dance and other performances, space developed for mini market place and other commercial establishments installed inside the protected monument Village Kuldhara.
III. By an appropriate writ, order or direction, the respondents may kindly be directed not to charge themselves or through any person or agency acting on their behalf entry fee or any other kind of charges from the people of Paliwal Community visiting the protected monument Village Kuldhara.
IV. By an appropriate writ, order or direction, the respondents may kindly be perpetually restrained to begin, carry out or conduct any kind of commercial or business activity within the periphery of the Village Kuldhara (protected monument).
V. By an appropriate writ, order or direction, the respondents may kindly be directed to restore the old structures using the old stones which have been demolished and replaced with new construction for development of administrative block, Information Centre, Cafe Building, Model House and guard houses within the protected monument Village Kuldhara.
VI. By an appropriate writ, order or direction, the respondent No. 1 and 2 may kindly be directed to amend the provisions of the Rajasthan Monuments, Archaeological Sites and Antiquities Act, 1961 in the light of the Central Statute. The Ancient Monuments, Archaeological Sites and Remains Act, 1958 for framing of bye laws with respect to each protected monument as provided under Section 20E of the Central Statute and thereafter be directed to frame bye laws for Village Kuldhara to protect its historic importance and intrinsic value.
VII. By an appropriate writ, order or direction, any other order which the Hon'ble Court deems fit for protecting and preserving the historical importance and artistic value of the protected monument Village Kuldhara."
2. Village Kuldhara was established by the sub-caste Kuldhar of Paliwal community. The houses were built using yellow stones of Jaisalmer embedded with carvings of renowned artisans of the prevailing time. The temple, Bawdi, chowki etc. are the regular feature of the village, but the villagers vacated the place in question about two hundred years ago, and the historical structures 18 kms. from the Jaisalmer City have gained immense tourist attraction.
3. Mr. Manas Ranchhor Khatri, learned counsel for the petitioner has laid at length the details of the suggestions for protecting the monument in question. The detailed deliberations and pleadings have been filed by all the parties.
4. The most credible of the pleadings on record are that of the Archaeological Survey of India (ASI), in the form of a report, which is in pursuance of the orders dated 06.05.2019 and 05.08.2019 passed by this Court. The said orders read as under:
Order dated 06.05.2019:
"1. The Court has heard learned counsel for the parties and is of the opinion that for further clarity in these proceedings, the Archeological Survey of India (ASI) should be involved in the process of evaluation of the conservation activities,
