Case: THE DIRECTOR, DEPARTMENT OF ARCHAEOLOGY AND MUSEUMS, JAIPUR &amp; ANR Vs. ASHISH GAUTAM &amp; ORS

The matter pertains to Sisodia Rani ka Bagh (for short, the Monument), situated at Jhalana, Jaipur, State of Rajasthan2. 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 issued3. 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.

Court's reasoning:
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 detail8. 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.