APOORVA KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) BY this writ petition under Article 226 of the constitution, the petitioners have prayed for issuance of a writ in the nature of certiorari quashing the impugned order No. 1/54/04-M-4653 dated 30th september, 2005 passed by the Superintending Archaeologist, Archaeological survey of India, the respondent No. 3 herein and for other suitable directions which this Court may deem fit and proper in the facts and circumstances of instant case.

(2.) THE facts of this case lie in a narrow compass. A private house known as "darbhanga Palace" situates on the western bank of river Ganges, is old and dilapidated. The petitioners purchased this property from the original owner (private party or parties) for commercial purpose i. e. to start the hotel business etc. The Varanasi Development Authority, being the authority competent, had sanctioned necessary plan for construction/renovation etc. Appropriate architectural certificate was also obtained by the petitioners for the purpose of necessary work. Petitioners wanted to preserve its old heritage look but for the better preservation, wanted remodelling in various places of the building, particularly in-side the premises. The State Government had directed the varanasi Development Authority by its oder dated 20th August, 2001 for consulting Indian National Trust for Art and Culture Heritage (in short hereinafter referred to as 'intach' ). Several reports including the report of a professor, prof. A. G. Krishna Menon of INTACH, are also available in the record in support of better construction of that house keeping its ambience towards river Ganges as it is. According to us, this is not a new dimension of thinking but possibly a new dimension in the State of Uttar Pradesh. We can take judicial notice about various such preservations made available for the commercial purposes keeping ethnic outlook as it is, particularly in the State of Rajasthan. Therefore, creativity is not a discourageable idea at all. The respondent authorities of Archaeological Survey of India, raised objections with regard to the said construction in particular, about one 'jai Singh Observatory' situates on the western side of river Ganges, but at a distance of about 300 meters from that old and/or dilapidated private building. It is common knowledge that who wants to visualise various bathing Ghats on river Ganges at Varanasi by motor-launch or boat, they will be able to find that several houses are built in between these two places. Location wise, the observatory stands on right hand side, when Darbhanga building situates on the left hand side from river ganges. So many Ghats including Dashashwamedh Ghat stand in between these two places. Various photographs are also part and parcel of the record, from which it also appears so. However, when the respondent authorities are saying that the distance between 'jai Singh Observatory' and 'darbhanga palace' is 266 meters, the petitioners say it is 282 meters. Therefore, admittedly it is less than 300 meters.

(3.) AGAINST this background, we would like to clarify the legal position in this regard and for this purpose we have to see the object and reasons of The ancient Monuments and Archaeological Sites and Remains Act, 1958 (for short 'the Act' ). The Act has been enacted to provide for the preservation of ancient and historical monuments and archaeological sites and remains of national importance, for the regulation of archaeological excavations and for the protection of sculptures, carvings and other like objects. Therefore, in a nutshell, the objective sought to be achieved by the Act is, preservation of ancient and historical monuments and archaeological sites and remains of national importance and not the private houses. Admittedly, the house in question i. e. "darbhanga Palace" does not come within the purview of preservations for the purpose of the Act. Therefore, the yardstick applicable to historical and ancient monuments does not apply to it at all. Of course, regulatory yardstick, not prohibitory, can be applicable in an appropriate case.