HARSUKH VALLABHDAS RAJA Vs. COLLECTOR OF JUNAGADH

JUDGEMENT

(1.) The petitioner, a resident of Junagadh, has come to this Court submitting, inter alia, that recovery of fee for entry into the protected monument is per se illegal and the fee cannot be collected under the Resolution passed by the Upperkot Development Committee.

(2.) According to the petitioner, the Upperkot area encircles Buddhist caves and other protected monuments of national importance and even otherwise persons from all over the world, who come to visit Junagadh, make sure that they visit the said Upperkot area. According to the petitioner, all structures, erections, monuments, caves, rocks, sculptures, inscriptions are of historical archaeological interest and are in existence for more than 100 years. According to him, all these protected monuments are within the Upperkot area of Junagadh, which is bounded by fort with a gate. In front of the gate, a board has been placed declaring the property to be a protected monument as archaeological site and remains of national importance. The submission is that respondent No.1, headed by respondent No.2 as Chairman, resolved to charge entry fee for entry into the aforesaid protected area at the rate of Re.1/- per individual, fee of Rs.2/- for a two wheeler and Rs.10/- for a motor vehicle from the visitors. It is also the case of the petitioner that on a complaint made to the Government, Archaeological Survey of India, Vadodara Circle, Vadodara, the Superintending Archaeologist of the Department recommended, by an intimation dated 15th February, 1993, to cancel the charging of the aforesaid fees from the visitors. It is also the case of the petitioner that respondent No.2 has been informed by the Director of Ancient Monuments, Department of Gujarat State, by a letter dated 30th March, 1993 accordingly.

(3.) The grievance of the petitioner is that despite the aforesaid intimation to the respondents under the above referred letters, mandating them not to recover the fee, the respondents are still recovering the fee from the public visiting the ancient monuments. The further submission of the petitioner is that in accordance with the provisions contained in Section-39 of the Gujarat Ancient Monuments and Archaeological Sites and Remains Act, 1965 (Gujarat Act No.25 of 1965) (hereinafter referred to as `the Act' for short), the State Government has powers to make the rules. The submission is that in accordance with Clause-(b) of Sub.section-(2) of Section 39, the Government has right to make the rules pertaining to the right of access of the people to the protected monument and the fee, if any, to be charged therefor.