ORDER :

1. By filing this writ petition in the nature of Public Interest Litigation, the writ petitioner, which is a Society registered under the Societies Registration Act, 1860, has approached this Court, praying for the following reliefs:

(i) For a writ, order or directions upon the Respondent No. 1 and 2 to act upon the letter dated 27.12.2018 sent by the Petitioner highlighting the direct evidence of Brahma Mandir being 100 years old.

(ii) For a writ, order or directions upon the Respondent No. 1 and 2 to take steps as per Section 4 of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 to declare the Brahma Mandir situated on the Tagore Hill as an ancient monument of National Importance in light of the fresh evidence submitted by the Petitioner.

(iii) For a writ, order or directions upon the Respondents concern to protect, restore and preserve the Brahma Mandir and other structures from further dilapidation at the Tagore Hill by including cleanliness and stopping unauthorized construction at the Tagore Hill with immediate effect.

2. By moving this Public Interest Litigation, counsel for the petitioner submits that the petitioner has no personal interest in filing this writ petition. He submits that the petitioner Society has been working on preservation and protection of natural beauty of the Ranchi Town. Tagore Hill is attached with the cultural heritage of Ranchi. There are four main structures situated on the Tagore Hill, which are:

(i) “Brahmo Mandir” - On the top of the hill, a permanent canopy like structure, which was constructed for meditation.

(ii) “Shanti Dham” - the house which was got constructed by Jyotirindranath Tagore where he spent his last years of life.

(iii) “Kusumtal” - A place beneath the Kusum Tree.

(iv) “Samadhisthal” - Crescent shaped, pedestal like structure constructed by the followers and companions of Jyotirindranath Tagore over the western slope of the Hill where corporal relics of Jyotirindranath Tagore were preserved.

He submits that the Tagore Hill and the aforesaid structures situated thereon are in very bad shape now and due to non-caring attitude of the State Government, the structures are depleting. Tagore Hill was the property of renowned Tagore family. It is Jyotirindranath Tagore, the elder brother of Gurudev Rabindranath Tagore, who got the property/hill and constructed a house and Brahmo Mandir, which is now more than 100 years old. On the top of the hill a permanent canopy like structure is there, which is known as “Brahmo Mandir.” It is not a temple where any idol is worshiped, rather it is a place for meditation where family members of Gurudev Rabindranath Tagore used to meditate. There is a place called “Kusumtal” (beneath the Kusum Tree), and a “Samadhisthal” in Tagore Hill, structures of which also need to be maintained. The building “Shanti Dham” where Jyotirindranath Tagore and his family resided, also needs to be preserved, but the respondents have shown utmost apathetic approach in preserving the historical and cultural heritage of the city, which forced the petitioner in filing this Public Interest Litigation. Counsel for the petitioner further submits that part of the hill has been encroached and several constructions have sprouted at the instance of encroachers and land grabbers, which is illegal, which also need to be removed. He submits that on earlier occasions also petitioner had moved this Court in W.P. (PIL) No. 1521 of 2007, W.P. (PIL) No. 6360 of 2008 and W.P. (PIL) No. 1568 of 2017, which were all disposed of. Since the petitioner has found several materials now to suggest that the building and structures on Tagore Hill are more than 100 years old and need to be preserved, he has approached this Court by filing this Public Interest Litigation.

3. Counsel for the State of Jharkhand submitted that under the Ancient Monuments and Archeological Sites and Remains Act, 1958 (hereinafter referred to as ‘the Act’) it is the Central Government which has the pow