Gujarat High Court
Umang D Hutheesing vs State Of Gujarat Thro Secretary & ... on 19 September, 2014
Author: Akil Kureshi
Bench: Akil Kureshi, J.B.Pardiwala
C/WPPIL/179/2012 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
WRIT PETITION (PIL) NO. 179 of 2012
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UMANG D HUTHEESING....Applicant(s)
Versus
STATE OF GUJARAT THRO SECRETARY & 4....Opponent(s)
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Appearance:
(MR MUKUL SINHA) for the Applicant(s) No. 1
MR SUBRAMANIAM IYER, ADVOCATE for the Applicant(s) No. 1
GOVERNMENT PLEADER for the Opponent(s) No. 1
MR DEVANG VYAS, ADVOCATE for the Opponent(s) No. 5
MR HARDIK D MUCHHALA, ADVOCATE for the Opponent(s) No. 3
MR SATYAM Y CHHAYA, ADVOCATE for the Opponent(s) No. 2
MR SAURABH G AMIN, ADVOCATE for the Opponent(s) No. 5
NOTICE SERVED BY DS for the Opponent(s) No. 1 - 2 , 4
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CORAM: HONOURABLE MR.JUSTICE AKIL KURESHI
and
HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 19/09/2014
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE AKIL KURESHI)
1. By this petition, in the nature of a public interest litigation, the petitioner has raised serious concern about an ancient building constructed more than 400 years back by Mugal Emperor Shahjahan as his palace. Over a period of time, the building situated in Shahibaug area of city of Ahmedabad was used initially as Page 1 of 5 C/WPPIL/179/2012 ORDER Raj Bhavan to house the Governors and thereafter, as is currently being used by Sardar Vallabhbhai Patel Memorial Society. The said society has set up a museum and carries on other related activities to preserve the memories and heritage of late Shri Sardar Vallabhbhai Patel. The case of the petitioner is that the society started extensive demolition and reconstruction activity in and around the building which would completely change the appearance, shape and characteristic of the building itself. Being a building of considerable importance and also being a historical building, such change should not be permitted.
2. During the pendency of this public interest petition, few developments have taken place. Undisputedly, the building in question is not notified as a protected monument under the Ancient Monuments and Archaeological Sites and Remains Act. Admittedly, currently the building is not notified as a national monument or a protected monument under the The Ancient Monuments and Archaeological Sites and Page 2 of 5 C/WPPIL/179/2012 ORDER Remains Act, 1958 (to be referred to as 'the Central Act') in order to notify as a monument under The Gujarat Monuments and Archaeological Sites and Remains Act, 1965 (To be referred to as 'the State Act'). In that view of the matter, the Municipal Authorities have granted permission to the petitioner to carry out construction and repair activities. Such activities with the permission of the authorities are now also over. Learned counsel Mr. Vakharia for the society stated that the entire purpose behind undertaking such construction activities was to preserve a building which was otherwise severely damaged due to passage of time and general conditions. It had become unsafe for the visitors and require serious repairs. He stated that barring installing lifts, no structural changes have been made and the building is not preserved to the fullest possible extent.
3. It cannot be disputed that the building in question is ancient building of considerable importance having been constructed more than 400 years back Page 3 of 5 C/WPPIL/179/2012 ORDER during the Mugal era. It also has a close link with the history and development of the city of Ahmedabad itself. It may be that currently for want of any protection under any of the Acts, the Central or the State, it is not protected against any major changes. However, it would be unfortunate if the building itself loses its complete characteristic and is condemned as an ordinary structure which can be modified, improved upon, added to or demolished almost at will. Article 51A of the Constitution which is contained in para IVA of the Constitution pertaining to fundamental duty provides inter alia that it should be the duty of every citizen to value and preserve the rich heritage of our composite culture.
4.Even now to protect the building from any further major changes, we request both the State as well as the Central Government to consider whether it could or should be brought within the list of notified/protected monuments as an ancient national monument. Response may be filed before the Court on the next date of Page 4 of 5 C/WPPIL/179/2012 ORDER hearing.
S.O. to 14.11.2014.
(AKIL KURESHI, J.) (J.B.PARDIWALA, J.) Jyoti Page 5 of 5