The absence of a declaration of a building as a protected monument or heritage, expert reports favoring reconstruction, and the societal interest prevailing over individual interest influenced the court's decision.

Servesh Kumar Gupta, J.

1. The instant writ petition has been instituted before this Court seeking a command to the respondent no. 1-High Court, to immediately stop the demolition or defacement of the ancient Heritage building known as the ‘Pant Sadan’ situated in the premises of the High Court of Uttarakhand. In addition thereto, a further writ in the nature of mandamus has been called for commanding the respondents to ensure the protection and conservation of the ‘Pant Sadan.’

2. Having considered the pros and cons of the issue, it transpires that the building, in question, popularly known as ‘Pant Sadan’ was handed over to the High Court of Uttarakhand by the State Government way back in the year 2001 and it was being used as a residence of Hon’ble the Chief Justice of the Court.

3. Since then, it was being felt that the building has been quite old, inasmuch as, it was in a dilapidated condition, so the wide contemplations, with regard to maintenance of existing structure or to get it reconstructed after demolishing the same, were underway. Thorough correspondences were being made for last several years inter se from each and every corner, including the Regional Archeological Survey of India, Almora (a branch of the Archeological Survey of India, New Delhi), Central Building Research Institute, Roorkee and other construction agencies like Public Works Department, National Building Construction Corporation Ltd. High Court itself in its administrative side as also the State Government.

4. It has been argued by learned counsel for the writ petitioner that the building is of immense importance, so much so that even Maharshi Aurbindo along with his consort stayed for a considerable time more than 115 years ago in the same; thereafter, a number of dignitaries of national and international repute also used the building for their provisional abode and later, it became the residence of Bharat Ratna Pt. Govind Ballabh Pant and further, before carving out of the State of Uttarakhand and the foundation of the High Court, it was being used most cherishedly to accommodate the visits of VIPs and VVIPs including the Officers of the State and Central Governments. So, it has vehemently been stressed by learned counsel for the petitioner that pondering over the issue of historical significance of the building, in question, the same must be preserved as the ‘heritage’ in nature.

5. Refuting the above arguments, Mr. A.S. Rawat, learned Senior Counsel, appearing on behalf of the High Court, has contended that the decision has not been taken overnight but it is the result of wide deliberations for over five years between all the bodies, as aforementioned. It would be pertinent to mention here that the Central Government can declare a particular building, as protected monument, under the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (Act No. 24 of 1958), whereas, the State Government enjoys the same power under the Model Heritage Regulations, 2011 issued by the Town & Urban Country Planning Organisation, Ministry of Urban Development, Government of India.

6. It was thoroughly explored by the State Government that the building, in question, was never declared as protected monument or heritage, either by the Central Government or the State Government. Even though, in order to make an attempt to preserve the same, a scientific study was conducted by the CBRI at the instance of the Government and the fact, so revealed, was that if the building is renovated, then it would incur the expenditure to the tune of Rs.313.53 lakh approximately and even after doing so, the maximum life of the renovated building would not be more than 10 years and on the top of it, still the structure would not be safe from the seismic/earthquake aspect.

7. On the other hand, the whole expenditure, which the State Government may incur in the reconstruction of a bungalow for the Hon’ble Chief Justice of this Court, would approximately be Rs.156.33 lakh.

8. I