IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11271 of 2006 ***** Alok Chamaria, son of Shri Ram Gopal Chamaria, resident of Mohalla – Company Sarai, Ward No. 2, Sasaram, P.O. & P.S. Sasaram, District-Rohtas. ….. …. Petitioner Versus 1. The Union of India through Secretary Archaeological Department, Government of India. 2. The Director of Archaeology, Archaeological Survey of India, Government of India. 3. Superintendent of Archaeology, Patna Circle, Patna. 4. The State of Bihar through the Collector, Rohtas at Sasaram, P.O. & P.S.- Sasaram, District-Rohtas. 5. The Conservation Assistant, Sasaram Circle, P.O. & P.S.- Sasaram, District-Rohtas. …. ….. Respondents ----------- For the Petitioner : Mr. Arun Kumar Shrivastava, Advocate For the Respondent Nos. 1 to 3: Mr. Sarva Deo Singh, Central Government Counsel For the Respondent Nos. 4 & 5: Mr. G.K.Agrawal, Government Pleader-I Ms. Rachana, Junior Counsel to Government Pleader-I ----------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ----------- Dated, the 17th November, 2008. In this writ petition filed by way of public interest litigation, the petitioner has raised issues concerning proper care and maintenance of mausoleum of the erstwhile emperor of India, Sher Shah Suri and his father Hasan Shah at Sasaram. Both these - 2 - mausoleum are said to be ancient and historically important and have been declared as such by the Government of India. The petitioner alleges that due to immersion of idols of God and Goddess during Durga Puja and other religious functions and by using the place for bathing and washing clothes, the monument has gravely decayed and rendered in dilapidated condition. 2. On behalf of Archaeological Survey of India and its functionaries (respondent nos. 1 to 3), an affidavit has been filed through Dr. Phanikanta Mishra, Superintendent, Archaeological Survey of India, Patna. In the said affidavit, it has been admitted that idols of God and Goddess are immersed during Durga Puja and other religions functions like Saraswati Puja, Ganesh Puja, Vishwakarma Puja etc. It is alleged that the local administration seems to be giving permission of such immersion without any information to the Archaeological Survey of India. The respondent nos. 1 to 3 have also admitted that the residents of the local area use the tomb‟s tank for bathing and washing cloths; they use soaps etc. and without the help of local administration, it is not possible to control local residents. They have also stated that sewerage water enters into the tank due to lack of control by the local administration. It is also stated by the respondent nos. 1 and 3 that inlet and outlet canal are under the jurisdiction of the State authorities and it is they who have to ensure that water flow in the canal is not obstructed. In so far as they are concerned, it is stated that they have been maintaining the monument - 3 - properly; the main hall of the tomb containing graves are open to the visitors and garden etc. are also properly maintained by horticulture wing of the Archaeological Survey of India. As regards, part of the area encroached by the local residents, it is stated that matters are subjudice before the Civil Court, Sasaram and also this Court. 3. The Executive Magistrate, Rohtas (Sasaram) has filed his affidavit on behalf of the State Government and its functionaries. The thrust of the submission in the counter affidavit is that no complaint has been received from Archaeological Survey of India in respect of any damage to the pond/tank by use of bathing and washing clothes. It is stated that no administrative help has been sought by the Archaeological Survey of India in the matter of sewerage and drainage. 4. That the tomb of Sher Shah Suri situate at Sasaram has been declared protected ancient national monument is not in dispute. This is also seen from various notifications issued way back in the years 1915 and 1938 (Annexures-19, 20, 21 and 22). There is also no challenge by the respondents that area up to 100 meters from the protected limits falls within the category of „prohibited area‟ and further up to 200 meters near or adjoining protected monument is a „regulated area'. It also appears that Archaeological Survey of India has passed on blame for the present condition of the monument to the local administration, while local administration claims that it has not received any complaints from the - 4 - Archaeological Survey of India for whatever they are required to do. 5. It needs no emphasis that the monument having been declared „national protected monument‟, the primary duty of upkeep of monument lies with the Archaeological Survey of India and its functionaries. It is for these authorities to ensure that the monument is preserved and its decay and deterioration is immediately arrested and also steps are taken for its restoration to its erstwhile glory and magnificence. 6. Looking to the importance of the subject monument, it would have been better had the Archaeological Survey of India and its functionaries on the one hand and the local administration on the other had put their head together in ensuring that the monument was saved from any damage and the activities instrumental in causing damage to the monument were stopped immediately before the situation became irreversible. 7. Having taken into consideration all relevant aspects and the material available before us including the fact that subject monument known as “Sher Shah Suri Tomb at Sasaram (Rohtas)” being nationally protected monument deserves to be protected from any further decay and damage, we are satisfied that the following directives are necessary that may help in preservation of the subject monument: - (i) The Director of Archaeology, Archaeological Survey of India, Government of India (Respondent no. 2) and the - 5 - Superintendent, Archaeology, Patna Centre, Patna (Respondent no. 3) shall take steps under the Ancient Monuments Preservation Act, 1904; Ancient Monuments and Archaeological Sites and Remains Act, 1958; the notifications issued from time to time thereunder and all other relevant provisions of law for delineating „prohibited area‟ and „regulated area‟. (ii) The respondent nos. 2 and 3, namely, Director of Archaeology, Government of India and the Superintendent of Archaeology, Patna shall get a restoration plan prepared, and, if necessary, by seeking advice from experts, for restoration of the subject monument and ensure that the monument is restored as per said plan. (iii) The District Magistrate, Rohtas and the other functionaries of the State Government shall provide all necessary help to the Archaeological Survey of India in stopping use of the tank for bathing and washing clothes and from immersion of idols in the said tank in any manner whatsoever. (iv) The respondent Nos. 4 and 5 shall help the respondent nos. 2 and 3 in cleaning the pond/tank and for removal of all accumulated mud, garbage, stinking filth and other objects causing damage out of the pond/tank. Once the pond/tank is cleaned, the respondent nos. 2 and 3 shall ensure that it is maintained regularly. (v) The respondent Nos. 2 and 3 shall take steps with the help of local administration to ensure that the sewerage of the - 6 - locality does not enter the pond/tank. (vi) The respondent nos. 4 and 5 shall ensure desilting of the inlet and outlet canal and further ensure their proper maintenance and that inlet and outlet canals do not get choked. (vii) The respondent nos. 2 and 3, while granting fishing contract shall ensure that the cleanliness of the pond/tank is not affected by such activities. (viii) The respondent nos. 2 and 3, in addition to the specific directions as above, shall take all other steps generally for protection and preservation of the subject monument. 8. Writ petition is disposed of with aforesaid directions. 9. However, we observe that the Director of Archaeology, Archaeological Survey of India and the District Magistrate, Rohtas at Sasaram shall submit the action taken report by 30th June, 2009 before the Registrar General of this Court. We order accordingly. R. M. Lodha, CJ Kishore K. Mandal, J Pawan/-