THE DIRECTOR, DEPARTMENT OF ARCHAEOLOGY AND MUSEUMS, JAIPUR & ANR. versus ASHISH GAUTAM & ORS. on 11 May 2020

JUDGMENT

1. The appeal has been preferred by the Department ofArchaeology and Museums aggrieved by the judgment and order dated5.11.2014 passed by the National Green Tribunal, Central Zonal, Bhopal(for short, ‘the Tribunal’) in Original Application No.132 of 2013 (CZ).DThe matter pertains to “Sisodia Rani ka Bagh” (for short, ‘theMonument’), situated at Jhalana, Jaipur, State of Rajasthan.

2. The Department of Art, Literature, Culture, and Archaeologydeclared the Monument as protected one vide notification dated 8.2.2012.Thereupon, Rajasthan General Development Department transferredEthe Monument for supervision to the Department of Archaeological andMuseums. The ceremonies like marriage and other events used to beheld in the Monument. For that, a notification dated 7.6.2012 specifyingthe conditions for holding such ceremonies was issued.

3. Respondent No.1 – Ashish Gautam preferred a writ petitionFbefore the High Court of Rajasthan by way of Public Interest Litigation,in which a prayer was made to issue appropriate directions about thesafety and security of the wildlife in the Reserve Forest Area and furtherdirections for restraining the use of laser lights, loud music and fireworksin the Monument. The High Court of Rajasthan transferred the matterto the NGT. By way of impugned judgment and order, the Tribunal heldGthat the Monument is part of the forest area and directed that nopermission 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 thatHthe Tribunal was not justified in putting a blanket ban upon holding of ceremonies in the Monument, situated adjacent to the city. The prohibitionimposed shall adversely affect State tourism and would render the entireMonument of no use, and its upkeep would be difficult. It is situated onthe Jaipur-Agra highway, and it is 3 km. away from Jaipur city. Thelocation of the Monument is ideal and very significant for tourism purposesand for holding such functions. The Monument is a historical place andhas been used since long for holding ceremonies, in the process revenueearned is the impetus to the State exchequer. The prayer was confinedin the original application only to impose conditions for holding functionsthat used to be organised so that the wildlife was not disturbed in anymanner. Specific guidelines existed and if any further restriction wasrequired it could have been ordered instead of a blanket ban. Thus, theorder of the Tribunal is against the public interest and interest of tourismin the State of Rajasthan. No massive lighting, which could have disturbedthe wildlife, was permitted. The traffic in the vicinity of the Monument isrestricted, and only two-wheelers are allowed to pass through the place.There is restriction on the use of loudspeakers in high volume. No personis permitted to violate the restrictions imposed by the DistrictAdministration, Jaipur. The Monument in question is not part of Tigerproject.

5. This Court by order dated 22.10.2019 directed the StateGovernment to come up with a plan for beautification of the area andfor developing gardens to embellish the Monument. In compliance, anaffidavit has been filed on behalf of the State of Rajasthan. It has beensubmitted that on 30.10.2019, a meeting was called by the PrincipalSecretary, Art, and Culture Department, State Secretariat, which wasattended by the Chief Conservator of Forest and HOFF, Additional ChiefConservator of Forest and Chief Wildlife Warden, Director, Archaeologyand Museums Department, Executive Director (Works), AmerDevelopment and Management Authority and the Circle Superintendent,Archaeology and Museums Department, Circle Jaipur. It was decidedto hire a Consultant to prepare a detailed plan for the development andbeautification of the Monument. The Chief Secretary has approved thesame. On receipt of the opinion of the Consultant, a detailed plan shallbe prepared, and action would be taken accordingly to beautify theMonument so that it may attract more and more tourists.

6. Respondent – Ashish Gautam supported the impugned orderpassed by the Tribunal. He argued that activities not permissible in the AB

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Aforest were restrained. Since the area falls in the forest area and SisodiaRani garden is recorded in the name of the Forest Department, nointerference is required in the order passed by the Tribunal.

7. A Tourism Development Plan of the Monument has been filedas Annexure A-1 by the appellant. It is pointed that it was built in theByear 1728 by Maharaja Sawai Jai Singh. The queen was very adorableto the king and was gifted with this beautiful garden, and hence it isknown as “Sisodia Rani ka Bagh.” The structure of the Garden is aperfect example of the Mughal and Indian style of architecture. TheGarden has the most elegant and graceful fountains, water channels,and many painted pavilions. It holds many murals and paintings thatCdepict the theme based on the legends of Lord Krishna and Radha.The Garden appeals more to the beholder as it stands as a symbol oflove and served as a summer retreat to the crowned heads and royalladies. The visitor timings are from 8.00 A.M. to 8.00 P.M. The fountaininside the Garden and the dynamic coloured lights highlighting the Delements of the Mahal are operated from 6.00 P.M. to 8.00 P.M. Thereare other attractions around the Monument, such as the temples of LordVishnu, Lord Shiva, and Lord Hanuman. It was declared as a protectedMonument on 1.5.2012 by Department of Archaeology and Museumsof Rajasthan and work for restoration, as per principles of conservation,was started. The Garden portion and outer courtyard of the Mahal wereEthrown open to the tourists. Several maintenance works have been takenup in the Monument. During the last five years, the expenditure ofapproximately Rs.170 lacs has been incurred on conservation, restoration,and development of Mahal and Garden. Around 100 tourists visit theMonument every day. It is proposed to beautify the place further, open a Fheritage museum, upgrade the fountain and lighting system, and improvetourist facilities and signages to make this destination more attractive fortourists. The outline of the works proposed are as follows:

(i) Development of Heritage Museum in the Palace;

(ii) Horticulture Improvement of Site;G(iii) Replacement of Existing Electrical and Lighting System;(iv) Replacement of the Existing Musical Fountain and WaterBody;

(v) Installation of Access Control and Security System;H

(vi) Improvement of Tourist Amenities; and

(vii) Improvement of Street Furniture, Information SignageSystem.

The estimated total expenditure of the above-proposed works isRs. 368 lacs. The Tourism Development Plan also includes details ofprojects and objectives, introduction, various photographs, the scope ofwork, process and assumptions, project conservation scope, architecturalfeatures, 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 architecturalheritage and its intricate paintings depicting the life of Lord Krishnaand Radha. This palace holds a very important position as it belongsto the Rajput Rani of the sisodias and also this was used as arecreational palace by the rani, gives the glimpse of the personallife of a queen of the 18th century, which is mostly overlooked aswe always talk about the lives of the kings and not the queens.

According to the locals, weddings use to take place there, andthe whole garden area use to be the gathering ground. The baoliand space next to the baoli acted as the kitchen area for the same.Another very important aspect of the palace is that the excellentuse of rain water for the recreational purpose can be seen andlearnt from. The mechanism for the flow of water was naturalslope and water channels were located all through the length andwidth of the garden to even be used for the watering purpose ofthe plantation on the site. This practice holds a very importantplace for the people of Jaipur, due to its climate and scanty rainfalls,saving and reusing rain water was an ardent practice of the peoplethere.

3.2 ARCHITECTURAL SIGNIFICANCE

The Sisodia Rani ka Bagh is an example of Rajput style ofarchitecture with elements from Mughal style of architecture forex. Char Bagh arrangement of the garden is from Mughal style,Chatteris, jaalis are from Rajput styles and stone brackets from B

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Rajput architecture. The characteristics like pan patti cornices,intricate jaalis and the articulated frescos add to the charm of theotherwise simple structure of Rajput style.

This palace also have features like cusp arched passages, truevault construction supporting the bangaldhar ceilings, domical roofssupported by intricate marble columns standing on the stonefinished floors overlooking the rooms and the mezzanine areasgiving the visual pleasure to the on looker. The stone jaalis, marblefloorings, stone chhatris, tibaris, burj, stone railings, frescos andthe intricate details of the wooden doors are a pleasure for thepeople.

3.3 ECONOMIC SIGNIFICANCE

Heritage tourism is one of the major economic lifelines of thetown of Jaipur. Hence conserving the built heritage of Jaipur isnecessary to safeguard the architectural heritage of the regionand to foster tourism which is a major economic activity of thetown. The tourism can grow with proper planning through a moresustainable and environmentally conscious development of basictourist facilities. These structures form a part of the fabric of thetown.

The tourists generally come from the neighbouring countriesand states by buses, trains and by air as it is a part of the goldentriangle of tourism with Agra and Delhi. As discussed earlier thereare many heritage sites in Jaipur and Sisodia Rani ka Bagh is alsoa part of that culture and the historical background that Jaipur hasgrown up from.

Jaipur sees many tourists all over the year and mostly fromOctober to March, as it’s the winter season and it is very favourablefor the tourists from other countries. Jaipur alone witness an inflowof international tourists ranging from 25%-35% according to theMinistry of Tourism Rajasthan.”

The details of the works done in the last five years have beenmentioned. Plan objectives are specified in Part 5 of the TourismDevelopment Plan. The conditions of the site, factors affecting theproperty, project proposals, scope of works, and drawings are alsomentioned in detail.

8. At present, the Monument is an archaeological monument andwas being used for earning the revenue by organising various functions.In the process, it was also maintained. The Monument is adjacent toJaipur-Agra highway, it has historical importance and is entirely enclosedby a pakka structure. It does not disturb the forest area though theMonument may be recorded as forest. It would not be appropriate topermit the use of the Monument to hold various functions during thenight 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 Monumentand it is in encircled structure by wall and its potentiality there cannot beany 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 bestrictly observed. Besides, the Government has imposed several otherrestrictions in the area. In addition to that, it is also to be ensured that nofireworks take place in and around the Monument to prevent noise andair pollution. Restriction on the use of laser light is also required.Beautification of Garden with ornamental plants of rare breed andflowering plants is also required. It is necessary to maintain and keep inorder the musical and other fountains. However, the blanket ban imposedby the Tribunal was not called for as area can be used for appropriatefunctions and for holding events to attract tourists. No inconvenience isgoing to be caused in the area considering the situation of Monument. Inthe writ petition itself, a prayer was made pertaining to the safety andsecurity of wildlife and not to allow laser lights, loud music and fireworks.However, it is necessary to dedicate requisite number of staff andgardeners and supervisors to look after the Garden, for that requisitesteps 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 isordered to be completely restrained.

(iii) Musical and other fountains to be maintained and to bekept in working order.

(iv) Other conditions imposed by the Department beobserved strictly.

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180SUPREME COURT REPORTS

A(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 furtherbeautification of the area and requisite horticulturaldevelopment and an additional project plan be preparedand placed on record.

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8. We accordingly modify the order of the Tribunal. The appeal isallowed in part.

9. We propose to monitor beautification and further developmentalwork ourselves. Let the report of the Consultant and additional plan andCdevelopment undertaken so far be placed on record within one monthfrom today.

List the case after one month.

DAnkit Gyan

Appeal partly allowed.

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