THE DIRECTOR, DEPARTMENT OF ARCHAEOLOGY AND MUSEUMS, JAIPUR & ANR. versus ASHISH GAUTAM & ORS.
[2020] 4 S.C.R. 173, Supreme Court of India, 2020
Outcome: Case Partly allowed (Granted)
Segment: Issues
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THE DIRECTOR, DEPARTMENT OF ARCHAEOLOGY AND
MUSEUMS, JAIPUR & ANR.
v.
ASHISH GAUTAM & ORS.
(Civil Appeal No. 4070 of 2016)
MAY 11, 2020
[ARUN MISHRA AND S. RAVINDRA BHAT, JJ.]
Forest Area and Wildlife – Protection of – The matter pertains
to a Monument ‘Sisodia Rani ka Bagh’ (‘the Monument’) situated
in Jaipur, Rajasthan – A writ petition was filed to issue appropriate
directions about the safety and security of the wildlife in the Reserve
Forest Area and restraining the use of laser lights, loud music and
fireworks in the Monument – The High Court transferred the matter
to NGT – 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 – Before the Supreme Court, the
Appellant-Department of Archaeology and Museums contended that
the Tribunal was not justified in putting a blanket ban upon holding
of ceremonies in the Monument situated adjacent to the City – Held:
The blanket ban imposed by the Tribunal was not called for as area
could be used for appropriate functions and for holding events to
attract tourists – No inconvenience is going to be caused in the
area considering the situation of the Monument – The following
directions were issued: (i) The Monument may be used for
appropriate multi-purpose 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 for maintainance; (vi) It is
directed that a Consultant be appointed for further beautification
of the area and for the requisite horticultural development and an
additional project plan be prepared and placed on record, for this
purpose.
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[2020] 4 S.C.R. 173
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SUPREME COURT REPORTS
[2020] 4 S.C.R.
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 4070
of 2016.
From the Judgment and Order dated 05.11.2014 of the National
Green Tribunal, Central Zonal Bench, Bhopal in Original Application
No. 132/2013(CZ).
Dr. Manish Singhvi, Sr. Adv., D. K. Deven, Ms. Shailja Nanda
Mishra, Arpit Prakash, Sandeep Kumar Jha, Milind Kumar, Rohit K.
Singh, Advs. for the appearing parties.
Respondent-in-person.
The following Judgment of the Court was delivered:
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 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.
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
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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 Jaipur-Agra 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 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 two-wheelers 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 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
THE DIRECTOR, DEPARTMENT OF ARCHAEOLOGY AND
MUSEUMS, JAIPUR & ANR. v. ASHISH GAUTAM & ORS.
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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 A-1 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 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;
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(vi) Improvement of Tourist Amenities; and
(vii) Improvement of Street Furniture, Information Signage
System.
The estimated total expenditure of the above-proposed 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 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
THE DIRECTOR, DEPARTMENT OF ARCHAEOLOGY AND
MUSEUMS, JAIPUR & ANR. v. ASHISH GAUTAM & ORS.
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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
mentioned in detail.
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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
Jaipur-Agra 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
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 multi-
purpose 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.
THE DIRECTOR, DEPARTMENT OF ARCHAEOLOGY AND
MUSEUMS, JAIPUR & ANR. v. ASHISH GAUTAM & ORS.
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(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.
8. We accordingly modify the order of the Tribunal. The appeal is
allowed in part.
9. 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.
Ankit Gyan
Appeal partly allowed.