Civil Appeal No. 4070 of 2016
Civil Appellate Jurisdiction
The Department of Art, Literature, Culture, and Archaeology declared the Monument“ Sisodia Rani Ka Bagh” as protected one vide notification dated 8.2.2012 and thereupon its supervision was transferred to the Department of Archaeological and museums. The ceremonies like marriage and other events used to be held in monument for which a notification dated 7.6.2012 specifying the conditions for holding such ceremonies was issued. Respondent No. 1 filed a writ petition in the HC of Rajasthan to issue appropriate directions about the safety and security of the wildlife and further directions for restraining the use of laser lights, loud music and firework in the monument. The HC transferred the matter to the NGT, and it was held that no permission should be granted to organize social functions like marriages, etc. and for the use of fireworks,loud music in the monument. Hence, the appeal was moved in the Supreme Court.
The prohibition imposed by the order of NGT shall adversely affect State Tourism and would render the entire Monument of no use, and its upkeep would be difficult.
The monument is an archaeological monument and was being used for earning the revenue by organizing various functions and side by side it was being maintained. The Monument is adjacent to Jaipur-Agra Highway and its structure is a perfect example of the Mughal and Indian style of architecture which attracts a lot of tourists round the year. It doesn’t disturb the forest area though monument maybe recorded as forest.
The appeal is allowed in part and order of the Tribunal was modified giving following directions:
The monument can be used for multipurpose activities from 8: 00 Am – 8:00 Pm.
The use of light, loud music and fireworks is completely restrained.
All the fountains to be maintained and to be kept in working conditions.
Requisite Supervisory and other staff members to be appointed to look after the area.
It is also directed to appoint a consultant for beautification of the area and requisite horticulture development and an additional project plan be prepared and placed on record.
Article 19(1)(a) of the Constitution
Section 27 of the Disaster Management Act