Delhi High Court - Orders
Government Approved Tourist Guides ... vs Union Of India & Anr on 9 February, 2024
Author: Vibhu Bakhru
Bench: Vibhu Bakhru
$~SB-1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 1284/2020
GOVERNMENT APPROVED TOURIST GUIDES
ASSOCIATION (GATGA) AND ANR
..... Petitioners
Through: Ms.Smita Maan and Mr.Aakash
Sehrawat, Advocates.
versus
UNION OF INDIA & ANR
..... Respondents
Through: Mr.Bhagwan Swarup Shukla &
Mr.Sarvan Kumar, Advs. for UOI.
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU
HON'BLE MR. JUSTICE AMIT MAHAJAN
ORDER
% 09.02.2024 REVIEW PET. 32/2024
1. The petitioner has filed the present review petition seeking review of the judgment dated 22.12.2023 to a limited extent. The petitioner seeks necessary directions be issued to the respondent authorities to incorporate clarifications as recorded in paragraph nos.51 and 52 of the judgment dated 22.12.2023 in the impugned guidelines and also to withdraw/modify/amend the Office Memorandum dated 26.02.2020.
2. In so far as the amendment of the guidelines are concerned, no orders in this regard are necessary in view of the respondents' unambiguous statement regarding the role of Incredible India Tourist Guide (IITG) and Incredible India Tourist Facilitator (IITF), which has been noted in the judgment dated 22.12.2023.
3. The petitioner seeks modification/amendment of the Office This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/02/2024 at 21:25:00 Memorandum dated 26.02.2020. The petitioner is aggrieved to the extent the same approves amendment to Rule 8 (d) of the Ancient Monuments and Archaeological Sites and Remains Rules, 1959. Clause (iii) of the Office Memorandum dated 26.02.2020 reads as under:-
"(iii) Amendment to existing Rule 8 (d) of AMASR Rules, 1959 which states that "No person shall be within a protected monuments hawk or sell any goods wares or canvas any custom for such goods or wares or canvas any custom for such goods or wares or display any advertisement in any form or show a visitor round or take the photograph for monetary consideration, except under the authority of, or under, and in accordance with the conditions of license granted by an archaeological officer"
by adding words "or Incredible India Tourist Facilitator (IITF) certification approved by the Ministry of Tourism, Government of India for showing a visitor round" so that these certified guides shall be valid within the premises of Centrally Protected Monuments."
4. Mr. Shukla, learned counsel appearing for the respondents emphatically reiterates that an IITF is not being permitted to show visitors around or act as a guide inside protected monuments. He submits that the role of the IITF is outside the protected monuments and not within their precincts.
5. The petitioner's grievance in regard to Office Memorandum dated 26.02.2020 does not survive in view of the Office Memorandum dated 23.03.2021 which amends the said Office Memorandum. Paragraph no.2 of the Office Memorandum dated 23.03.2021 is set out below:-
"2. In view of above and based on the revised guideline dated 11.01.2021, it is requested to please arrange to amend the provisions as mentioned in sub para (ii) and
(iii) of Para 1 of M/o Culture OM dated 26.02.2020- by replacing "ITFCP" to ITGCP in sub para (ii) of para 1 and by replacing "Incredible India Tourist Facilitators This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/02/2024 at 21:25:00 IITF" IITF to "Incredible India Tourist Guide" IITG in sub para (iii) of para 1. Rest of the contents in the said OM will remain same."
6. In view of the above, we find no grounds to review the judgment dated 22.12.2023. The review petition is, accordingly, disposed of.
VIBHU BAKHRU, J AMIT MAHAJAN, J FEBRUARY 09, 2024 M This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/02/2024 at 21:25:01