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Supreme Court of India
Director, Department Of … vs Ashish Gautam . on 11 May, 2020Author: Arun Mishra
Bench: Arun Mishra, S. Ravindra Bhat
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REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 4070 OF 2016
THE DIRECTOR, DEPARTMENT OF ARCHAEOLOGY
AND MUSEUMS, JAIPUR & ANR. … APPELLANTS
VERSUS
ASHISH GAUTAM & ORS. … RESPONDENTS
JUDGMENT
1. The appeal has been preferred by the Department of Archaeology
and Museums aggrieved by the judgment and order dated 5.11.2014
passed by the National Green Tribunal, Central Zonal, Bhopal (for
short, ‘the Tribunal’) in Original Application No.132 of 2013 (CZ). The
matter pertains to “Sisodia Rani ka Bagh” (for short, ‘the Monument’),
situated at Jhalana, Jaipur, State of Rajasthan.
2. The Department of Art, Literature, Culture, and Archaeology
declared the Monument as protected one vide notification dated
8.2.2012. Thereupon, Rajasthan General Development Department
transferred the Monument for supervision to the Department of
Archaeological and Museums. The ceremonies like marriage and other
Signature Not Verified
Digitally signed by
JAYANT KUMAR ARORA
Date: 2020.05.11
13:48:45 IST
Reason:
events used to be held in the Monument. For that, a notification dated
7.6.2012 specifying the conditions for holding such ceremonies was
issued.
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3. Respondent No.1 – Ashish Gautam preferred a writ petition before
the High Court of Rajasthan by way of Public Interest Litigation, in
which a prayer was made to issue appropriate directions about the
safety and security of the wildlife in the Reserve Forest Area and further
directions for restraining the use of laser lights, loud music and
fireworks in the Monument. The High Court of Rajasthan transferred
the matter to the NGT. By way of impugned judgment and order, the
Tribunal held that the Monument is part of the forest area and directed
that no permission should be granted to organise social functions like
marriages, etc. and for the use of fireworks, loud music in the
Monument. Hence, the appeal.
4. Learned senior counsel on behalf of the appellants argued that the
Tribunal was not justified in putting a blanket ban upon holding of
ceremonies in the Monument, situated adjacent to the city. The
prohibition imposed shall adversely affect State tourism and would
render the entire Monument of no use, and its upkeep would be
difficult. It is situated on the JaipurAgra highway, and it is 3 km. away
from Jaipur city. The location of the Monument is ideal and very
significant for tourism purposes and for holding such functions. The
Monument is a historical place and has been used since long for
holding ceremonies, in the process revenue earned is the impetus to the
State exchequer. The prayer was confined in the original application
only to impose conditions for holding functions that used to be
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organised so that the wildlife was not disturbed in any manner. Specific
guidelines existed and if any further restriction was required it could
have been ordered instead of a blanket ban. Thus, the order of the
Tribunal is against the public interest and interest of tourism in the
State of Rajasthan. No massive lighting, which could have disturbed
the wildlife, was permitted. The traffic in the vicinity of the Monument
is restricted, and only twowheelers are allowed to pass through the
place. There is restriction on the use of loudspeakers in high volume.
No person is permitted to violate the restrictions imposed by the District
Administration, Jaipur. The Monument in question is not part of Tiger
project.
5. This Court by order dated 22.10.2019 directed the State
Government to come up with a plan for beautification of the area and
for developing gardens to embellish the Monument. In compliance, an
affidavit has been filed on behalf of the State of Rajasthan. It has been
submitted that on 30.10.2019, a meeting was called by the Principal
Secretary, Art, and Culture Department, State Secretariat, which was
attended by the Chief Conservator of Forest and HOFF, Additional Chief
Conservator of Forest and Chief Wildlife Warden, Director, Archaeology
and Museums Department, Executive Director (Works), Amer
Development and Management Authority and the Circle
Superintendent, Archaeology and Museums Department, Circle Jaipur.
It was decided to hire a Consultant to prepare a detailed plan for the
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development and beautification of the Monument. The Chief Secretary
has approved the same. On receipt of the opinion of the Consultant, a
detailed plan shall be prepared, and action would be taken accordingly
to beautify the Monument so that it may attract more and more
tourists.
6. Respondent – Ashish Gautam supported the impugned order
passed by the Tribunal. He argued that activities not permissible in the
forest were restrained. Since the area falls in the forest area and
Sisodia Rani garden is recorded in the name of the Forest Department,
no interference is required in the order passed by the Tribunal.
7. A Tourism Development Plan of the Monument has been filed as
Annexure A1 by the appellant. It is pointed that it was built in the
year 1728 by Maharaja Sawai Jai Singh. The queen was very adorable
to the king and was gifted with this beautiful garden, and hence it is
known as “Sisodia Rani ka Bagh.” The structure of the Garden is a
perfect example of the Mughal and Indian style of architecture. The
Garden has the most elegant and graceful fountains, water channels,
and many painted pavilions. It holds many murals and paintings that
depict the theme based on the legends of Lord Krishna and Radha. The
Garden appeals more to the beholder as it stands as a symbol of love
and served as a summer retreat to the crowned heads and royal ladies.
The visitor timings are from 8.00 A.M. to 8.00 P.M. The fountain inside
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the Garden and the dynamic coloured lights highlighting the elements
of the Mahal are operated from 6.00 P.M. to 8.00 P.M. There are other
attractions around the Monument, such as the temples of Lord Vishnu,
Lord Shiva, and Lord Hanuman. It was declared as a protected
Monument on 1.5.2012 by Department of Archaeology and Museums of
Rajasthan and work for restoration, as per principles of conservation,
was started. The Garden portion and outer courtyard of the Mahal were
thrown open to the tourists. Several maintenance works have been
taken up in the Monument. During the last five years, the expenditure
of approximately Rs.170 lacs has been incurred on conservation,
restoration, and development of Mahal and Garden. Around 100
tourists visit the Monument every day. It is proposed to beautify the
place further, open a heritage museum, upgrade the fountain and
lighting system, and improve tourist facilities and signages to make this
destination more attractive for tourists. The outline of the works
proposed are as follows:
(i) Development of Heritage Museum in the Palace;
(ii) Horticulture Improvement of Site;
(iii) Replacement of Existing Electrical and Lighting System;
(iv) Replacement of the Existing Musical Fountain and Water
Body;
(v) Installation of Access Control and Security System;
(vi) Improvement of Tourist Amenities; and
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(vii) Improvement of Street Furniture, Information Signage
System.
The estimated total expenditure of the aboveproposed works is
Rs.368 lacs. The Tourism Development Plan also includes details of
projects and objectives, introduction, various photographs, the scope of
work, process and assumptions, project conservation scope,
architectural features, spatial description, pavilion plan, internal and
external features, details of wall paintings and construction materials
and techniques used. The significance of the site mentioned is as
follows:
“3 SIGNIFICANCE OF THE SITE
3.1 CULTURAL SIGNIFICANCE
Sisodia Rani ka Bagh is mostly famous for its
architectural heritage and its intricate paintings depicting
the life of Lord Krishna and Radha. This palace holds a
very important position as it belongs to the Rajput Rani of
the sisodias and also this was used as a recreational
palace by the rani, gives the glimpse of the personal life of
a queen of the 18th century, which is mostly overlooked as
we always talk about the lives of the kings and not the
queens.
According to the locals, weddings use to take place
there, and the whole garden area use to be the gathering
ground. The baoli and space next to the baoli acted as the
kitchen area for the same. Another very important aspect
of the palace is that the excellent use of rain water for the
recreational purpose can be seen and learnt from. The
mechanism for the flow of water was natural slope and
water channels were located all through the length and
width of the garden to even be used for the watering
purpose of the plantation on the site. This practice holds a
very important place for the people of Jaipur, due to its
climate and scanty rainfalls, saving and reusing rain water
was an ardent practice of the people there.
3.2 ARCHITECTURAL SIGNIFICANCE
The Sisodia Rani ka Bagh is an example of Rajput style
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of architecture with elements from Mughal style of
architecture for ex. Char Bagh arrangement of the garden
is from Mughal style, Chatteris, jaalis are from Rajput
styles and stone brackets from Rajput architecture. The
characteristics like pan patti cornices, intricate jaalis and
the articulated frescos add to the charm of the otherwise
simple structure of Rajput style.
This palace also have features like cusp arched
passages, true vault construction supporting the
bangaldhar ceilings, domical roofs supported by intricate
marble columns standing on the stone finished floors
overlooking the rooms and the mezzanine areas giving the
visual pleasure to the on looker. The stone jaalis, marble
floorings, stone chhatris, tibaris, burj, stone railings,
frescos and the intricate details of the wooden doors are a
pleasure for the people.
3.3 ECONOMIC SIGNIFICANCE
Heritage tourism is one of the major economic lifelines
of the town of Jaipur. Hence conserving the built heritage
of Jaipur is necessary to safeguard the architectural
heritage of the region and to foster tourism which is a
major economic activity of the town. The tourism can grow
with proper planning through a more sustainable and
environmentally conscious development of basic tourist
facilities. These structures form a part of the fabric of the
town.
The tourists generally come from the neighbouring
countries and states by buses, trains and by air as it is a
part of the golden triangle of tourism with Agra and Delhi.
As discussed earlier there are many heritage sites in
Jaipur and Sisodia Rani ka Bagh is also a part of that
culture and the historical background that Jaipur has
grown up from.
Jaipur sees many tourists all over the year and mostly
from October to March, as it’s the winter season and it is
very favourable for the tourists from other countries.
Jaipur alone witness an inflow of international tourists
ranging from 25%35% according to the Ministry of
Tourism Rajasthan.”
The details of the works done in the last five years have been
mentioned. Plan objectives are specified in Part 5 of the Tourism
Development Plan. The conditions of the site, factors affecting the
property, project proposals, scope of works, and drawings are also
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mentioned in detail.
8. At present, the Monument is an archaeological monument and
was being used for earning the revenue by organising various functions.
In the process, it was also maintained. The Monument is adjacent to
JaipurAgra highway, it has historical importance and is entirely
enclosed by a pakka structure. It does not disturb the forest area
though the Monument may be recorded as forest. It would not be
appropriate to permit the use of the Monument to hold various
functions during the night after 8.00 P.M. The tourist timings are 8.00
A.M. to 8.00 P.M. During that time, considering the importance of the
historical Monument and it is in encircled structure by wall and its
potentiality there cannot be any objection for its being used for multi
purpose appropriate activities. At the same time, there is in place a
noise restriction, the same has to be strictly observed. Besides, the
Government has imposed several other restrictions in the area. In
addition to that, it is also to be ensured that no fireworks take place in
and around the Monument to prevent noise and air pollution.
Restriction on the use of laser light is also required. Beautification of
Garden with ornamental plants of rare breed and flowering plants is
also required. It is necessary to maintain and keep in order the musical
and other fountains. However, the blanket ban imposed by the
Tribunal was not called for as area can be used for appropriate
functions and for holding events to attract tourists. No inconvenience is
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going to be caused in the area considering the situation of Monument.
In the writ petition itself, a prayer was made pertaining to the safety
and security of wildlife and not to allow laser lights, loud music and
fireworks. However, it is necessary to dedicate requisite number of staff
and gardeners and supervisors to look after the Garden, for that
requisite steps be taken.
9. We issue following directions:
(i) The Monument may be used for appropriate multipurpose
activities between 8.00 A.M. to 8.00 P.M. only. No activity to
be permitted after 8.00 P.M.
(ii) The use of laser lights, loud music, and fireworks is ordered
to be completely restrained.
(iii) Musical and other fountains to be maintained and to be kept
in working order.
(iv) Other conditions imposed by the Department be observed
strictly.
(v) Let requisite supervisory and other staff/gardeners, etc. be
dedicated to maintain and look after the area.
(vi) We direct that a Consultant be appointed for further
beautification of the area and requisite horticultural
development and an additional project plan be prepared and
placed on record.
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We accordingly modify the order of the Tribunal. The appeal is
allowed in part.
We propose to monitor beautification and further developmental
work ourselves. Let the report of the Consultant and additional plan
and development undertaken so far be placed on record within one
month from today.
List the case after one month.
…..………………………… J.
(Arun Mishra)
…..………………………… J.
(S. Ravindra Bhat)
New Delhi;
May 11, 2020.
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