THE HON’BLE SRI JUSTICE A.GOPAL REDDY AND THE HON’BLE SRI JUSTICE RAJA ELANGO TAKEN UP WRIT PETITION No.16256 of 2009 ORDER: (per Hon’ble Sri Justice A.Gopal Reddy) This is a taken up writ petition on the basis of a letter, dated 28.07.2009, addressed by one Vasanta Sobha Turaga, resident of Hyderabad, to the Hon’ble the Chief Justice of this Court alleging that the photographs of the former British Residency, Koti, Hyderabad, taken by her, which were annexed to the said letter, depict the miserable conditions of the said historic monument, presently used as Osmania University for women, which deserves to be conserved as ‘World Heritage’ and also requested to direct the authorities concerned to preserve the said monument by carrying out the necessary repairs, maintenance of present recognised historical monument- former British Residency from decay, rot, collapse, etc. After issuing notice to the respondents, petitioner No.2 was impleaded as per the orders, dated 06.10.2009, of this Court in W.P.M.P.No.26381 of 2009 and is represented by an Advocate. To the legal notice, dated 25.06.2010, issued by the petitioners to the Vice Chancellor of Osmania University, Hyderabad, a reply notice, dated 23.08.2010, was sent. A counter-affidavit, dated 02.08.2009, and an additional counter-affidavit, dated 31.03.2010, were filed on behalf of respondent No.6-Registrar of Osmania University, Hyderabad, which we will refer to later. The Respondent No.2-Director, Department of Archaeology and Museum, Government of Andhra Pradesh, Hyderabad, filed counter-affidavit stating that on the petitioner bringing to the notice of the Hon’ble the Chief Justice of this Court the neglected condition of the 200 year old historical former British Residency, which is being used as Osmania University College for Women, which was declared as protected monument of Archaeology and Museum Department by the Government of Andhra Pradesh, Hyderabad, vide G.O.Ms.No.5, Y.A.T & C(T) Department, dated 20.03.2007 and as per the orders passed by this High Court in W.P.No.6583 of 2006, necessary steps were taken by the authority which is constituted for protection and maintenance of the present recognised historical monument. The Secretary, Tourism and Culture, Government of Andhra Pradesh, the Vice Chencellor of Osmania University, the Director, Archaeology and Museums, the Project Consultatnt Engineer, Osmania University, Hyderabad, the Principal, Women’s College, Koti, the Architect Consultant and the officials from Technical and Engineering Branches of Department of Archaeology and Museums have jointly inspected the British Residency to assess the condition of the building. The Architect presented a power point presentation on the Darbar Hall and other structures along with documentation work of the building in the Principal’s Chamber. The team has also inspected the entire premises. Due to the damages in British Residency, the Osmania University proposed to take up restoration works like roof guttering, pealing of plaster for the wall, removal of vegetation, water proofing for Darbar Hall, restoration of site drainage, anti termite treatment, etc with the funds provided under “The World Monument Fund” (for brevity “the WMF”). Necessary steps were taken for repairs such as temporary support to the collapsed columns, anti termite treatment and repairs to the drainage system by the Osmania University with the released funds. Further, it is stated that the Secretary to Government, Y.A.T & C (T) Department, Government of Andhra Pradesh has suggested the Osmania University authorities for taking necessary steps to all the required restoration works as per releasing funds from the WMF. The Department of Archaeology and Museums will co-operate with the Osmania University authorities in attending the repairs and restoration works to the building, as the Osmania University has already taken up some repair works with the funds from the WMF. In the counter-affidavit filed on behalf of respondent No.6-the Registrar of Osmania University, Hyderabad stated that the first petitioner having received a sum of Rs.7,04,569/- from the money received from the WMF towards professional fees and contingency expenditure as Conservation Architect and Technical Coordinator, cannot maintain the Public Interest Litigation, as she is an interested party. It is further stated that the University College for Women is one of the constituent colleges of the Osmania University, for which the WMF in Britain sanctioned a sum of $ 1.00 lakh for preparation of Conservation Management Plan, for the period between April 2003 to May 2008. The said sanctioned amount of $ 1.00 lakh was to appropriated as follows: A sum of $ 45,2000 is towards professional fee, $ 41,600 towards contracted services, $ 4,200 towards travel, $ 6,300 towards publication and reports and $ 2,700 towards miscellaneous fees and expenses. However, out of the sanctioned amount of $ 1.00 lakh, till November, 2008 the University received only $ 79,982, which is equivalent to Rs.37,16,868. The release of the funds in instalments was also detailed in para No.6. The expenditure also includes the payments made to the first petitioner viz., Rs.3,77,475/- towards professional fee and R.3,27,569/- towards contingency expenditure totalling to Rs.7,04,569/- . It is also stated that the total amount received by the University for the project includes Rs.37,16,868/- from the WMF in Britain, the funds received from the Bank of America, New York amounting to Rs.1,73,498 and the donations received at college level amounting to Rs.1,48,720/-. The total interest earned on the deposit was Rs.75,399/-In all, the amount received for the project was Rs.41,14,485/-, out of which a sum of Rs.32,89,675/- was spent. The entire amount of Rs.41,14,485/- was received not only for undertaking the repairs but also to prepare the conservation management plan for restoring the entire building to its original form. Hence, necessary steps to consolidate the areas which are considered for repairs are being initiated by the Osmania University. The works taken up include anti-termite treatment for entire building, roof gutter repairs, plinth protection, improvement of site hydrology, reconstruction of collapsed portion of the northern wing wall, restoration of chemistry block etc. The building is fully documented and is monitored continuously. A Conservation Management Plan is being prepared by a competent conservation architect and is presently under review by independent consultant as per the directions of the WMF. The Conservation Management Plan is expected to be completed by the end of September and full scale conservation works will commence soon thereafter. It is stated that out of the grant of $ 1.00 lakh sanctioned by the WMF in May 2003, only $ 79,982 was released. The first petitioner was appointed as a Conservation Architect through a provisional agreement, dated 20.08.2003 and was entrusted with the documentation and preparation of Conservation Management Plan. The review of the work done by her in the form of a mid project report was submitted to the WMF in mid 2005 and the said document was found to be lacking in technical quality and hence, she was terminated from the said post. Subsequently, one Mr.Sarath Chandra, Conservation Architect, was appointed to continue the work of preparation of Conservation Management Plan. The first petitioner started her campaign to declare Women’s College at Koti, Hyderabad, run by Osmania University as protected monument only after she was terminated from the post of Conservation Architect. In the additional counter-affidavit filed on behalf of respondent No.6, it is categorically stated that till date only an amount of $ 99,972 was received from the WMF as against the assured amount of $ 1.00 lakh, which after conversion to Indian currency comes to Rs.48,58,797. Out of the said amount, a sum of Rs.32,89,675/- was spent towards consultancy fee, documentation, technical, managerial and clerical, contractual services, emergency repairs and consolidation, travel, printing, stationary and other accessories, etc. The balance amount available was Rs.15,42,620/- and out of it, a sum of Rs.7,04,569/- was paid to the first petitioner. Further, it is stated that the University out of its own funds, has spent a sum of Rs.17,60,835/- till September 2009, for undertaking emergency repairs. The details of the work done and the amount spent by it has been given in para No.4 of the additional counter-affidavit, i.e., a sum of Rs.1,45,000/- was spent for reconstruction of collapsed compound wall of Darbar Hall at north west corner, Rs.54,449/- for re-plastering the damaged gutters of Darbar Hall building, Rs.1,30,000/- for fabrication, supply and erection of the tower type movable ladder at Women’s College, Koti, Hyderabad, etc. It is further stated that after the monsoon is over, water proofing using traditional methods will be taken up as it requires at least 2 months for laying and 3 to 4 months to harden. The Technical Committee decided that water proofing of Darbar Hall will be done only by using traditional method and not the modern methods. The work in Physics block, in which the essential conservation work for structural consolidation is under progress and that as the structural beams supporting roof were infested with termite, anti-termite treatment for the Physics block is underway using an approved chemical by the WMF. After the anti-termite treatment is done, and after monsoon is over, the repairs of roofs will be taken up. The Osmania University is already in regular contact with State Archaeology Department for release of funds and the funds are expected in one or two months. It is stated that in addition to that, the Managing Committee of the project has also approached several donors and donations was also sought from the alumni of the college. In addition to approaching the WMF for the fund, the University has also approached (1) Destination Development scheme of Ministry of Tourism, Government of India, (2) JNNURM, Ministry of Urban Development, (3) National Culture Fund, Ministry of Culture, etc. We have heard learned counsel for the petitioners, Sri Deepak Bhattacharjee, learned Standing Counsel for Osmania University, and the learned Government Pleader for Archaeology. It is contended by Sri Deepak Bhattacharjee, learned Standing Counsel for Osmania University that on the petitioner sending letters to the WMF and various other authorities, the WMF stopped releasing further funds. He further contended that only when the services of the petitioner as Conservation Architect were terminated, she has chosen this forum as a convenient way to pressurise the authorities to engage her services and not to discontinue her services, which has been contested by the learned counsel for the petitioners. He also contended that due to uploading of adverse publicity by the first petitioner, the donors are not coming forward to donate the funds and hence, the same should be stopped and that the petitioner should not use this Court as a route to dictate terms to the Osmania University. Learned Government Pleader for Archaeology contended that in the 13th Finance Commission, a sum of Rs.100 lakhs was sanctioned for the purpose of preserving the British Residency building and the same will be released in a total period of five years after monitoring the steps taken by the University to preserve the same. Having regard to the fact that the steps taken by the Osmania University for conservation of British Residency, as detailed in the counter-affidavit and the additional counter-affidavit filed by the Osmania University and also by the Government, were not contested by the petitioners, we are satisfied that all possible steps have already been undertaken by the Osmania University to conserve the said historical monument i.e., British Residency at Koti, Hyderabad. As such, the contention of the learned counsel for the petitioners that the authorities are neglecting in protecting the British Residency-a historical monument, cannot be countenanced. Therefore, we direct the Osmania University authorities concerned and the State Government that after the ensuing monsoon season is over, they have to speed up the works undertaken by them to protect the historical monument-British Residency at Koti, Hyderabad, to the extent possible for restoration of its past glory within a time frame in consultation with the authorities concerned in that regard. With the above observations and directions, the writ petition is disposed of. However, there shall be no order as to costs. _________________________ JUSTICE A.GOPAL REDDY _______________________ JUSTICE RAJA ELANGO 21st September 2010 dr