SUO MOTU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) FOUR separate applications for impleadment filed on behalf of respective parties namely; M/s Mount Shivalik Industries Ltd. , M/s Hot pink Shops Pvt Ltd. , M/s Juneja Art Gallery as also Tourist Guides' association are partly allowed to the extent that above parties concerned may assist the Court as intervenor.

(2.) THE Rajasthan Monuments, Archaeological Sites And Antiquities act, 1961 was enacted by the State Government to provide for the preservation, protection, upkeep, maintenance, acquisition and regulation of, and control over, ancient and historical monuments, archaeological sites and antiquities in the State of Rajasthan (for short 'the Act' ). The rajasthan Monuments, Archaeological Sites and Antiquities Rules, 1968 (for short 'the Rules') were also framed under the above Act. An advisory Board can be constituted by the State Government under the name of Rajasthan Board for Ancient Monuments, Archaeological sites and Antiquities for preservation, protection, upkeep, maintenance, acquisition and regulation of, and control over, ancient and historical monuments, archaeological sites and antiquities in the State. The delegation of powers under the Act can also be made only to the Director of the State Archaeological Department or to any other officer not below the rank of Collector as may be specified in the Notification. The Rules further provides for detailed provisions in regard to the movement and restriction in such protected monuments. Even specific terms and conditions have also been provided under the Rules in regard to grant of licence for a particular purpose as enumerated in the Rules itself. Amber Fort and Palaces therein have been declared as protected monuments by a Notification dated 16. 9. 1968 by the State government under the provisions of the Act of 1961. As per directions of this Court, Special Committee appointed by the Court has submitted a detailed report in regard to the status of the work of conservation and restoration undertaken in the Amber fort and Palaces. A detailed report has also been submitted by the counsel appointed by the Court in regard to the damages done by the authorities in the above protected monument under the pretext of conservation and renovation. As has come on record, the entire work of preservation and conservation has been entrusted to a private society in the name of Amber Development and Management authority Society. A bare reading of the constitution of society would show that the same is in no way in consonance with the provisions in regard to the constitution of the Advisory Board as provided under the act. As has been submitted on behalf of the State that more than rupees thirty crores have been sanctioned by the Ministry of Tourism, government of India for protection and conservation of Amber Fort and palaces therein. It has also come on record that some private firm was allowed to renovate and reconstruct a part of the palace as Sheesh Mahal and has now been leased out for running a luxury restaurant. Further some part of the complex has been leased out to other private bodies to open show rooms under the pretext of encouraging local handicrafts.

(3.) HAVING considered material placed on record and provisions of the Act and the Rules made thereunder, since so many important complicated issues have cropped up, the writ petition is admitted on the following questions amongst others which may be raised at the time of hearing -