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Civil · Reportable judgment

The Director, Department of Archaeology and Museums, Jaipur & Anr. vs Ashish Gautam & Ors.

Court
Supreme Court of India
Date
11 May 2020
Case No.
Civil Appeal No. 4070 of 2016
Result
Partly allowed
Bench
Arun Mishra, S. Ravindra Bhat
Citation
[2020] 4 S.C.R. 173 : 2020 INSC 394
Supreme Court Reports [2020] 4 S.C.R. 173 : 2020 INSC 394
Headnote

Forest Area and Wildlife – Protection of – The matter pertains to a Monument ‘Sisodia Rani ka Bagh’ (‘the Monument’) situated in Jaipur, Rajasthan – A writ petition was filed to issue appropriate directions about the safety and security of the wildlife in the Reserve Forest Area and restraining the use of laser lights, loud music and fireworks in the Monument – The High Court transferred the matter to NGT – The Tribunal held that the Monument is part of the forest area and directed that no permission should be granted to organise social functions like marriages etc. and for the use of fireworks, loud music in the Monument – Before the Supreme Court, the Appellant-Department of Archaeology and Museums contended that the Tribunal was not justified in putting a blanket ban upon holding of ceremonies in the Monument situated adjacent to the City – Held: The blanket ban imposed by the Tribunal was not called for as area could be used for appropriate functions and for holding events to attract tourists – No inconvenience is going to be caused in the area considering the situation of the Monument – The following directions were issued: (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 is ordered to be completely restrained; (iii) Musical and other fountains to be maintained and to be kept in working order; (iv) Other conditions imposed by the Department be observed strictly; (v) Let requisite supervisory and other staff/gardeners, etc. be dedicated for maintainance; (vi) It is directed that a Consultant be appointed for further beautification of the area and for the requisite horticultural development and an additional project plan be prepared and placed on record, for this purpose.

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The following Judgment of the Court was delivered: JUDGMENT 1. The appeal has been preferred by the Department of Archaeology and Museums aggrieved by the judgment and order dated 5.11.2014 passed by the National Green Tribunal, Central Zonal, Bhopal (for short, ‘the Tribunal’) in Original Application No.132 of 2013 (CZ). The matter pertains to “Sisodia Rani ka Bagh” (for short, ‘the Monument’), situated at Jhalana, Jaipur, State of Rajasthan. 2. The Department of Art, Literature, Culture, and Archaeology declared the Monument as protected one vide notification dated 8.2.2012. Thereupon, Raj
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