Patna High Court - Orders
Vikas Kumar (In Person) vs The Union Of India on 20 July, 2022
Bench: Chief Justice, S. Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.21044 of 2021
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Vikas Kumar (In person)
... ... Petitioner/s
Versus
The Union of India & Ors.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. P.K. Shahi, Sr. Advocate
Mr. Vikas Kumar (In Person)
Ms. Ritika Rani, Advocate
Ms. Smita Kumari, Advocate
Mr. Vaibhava Veer Shanker, Advocate.
Mr. Kumar Saurav, Advocate
For Respondent No. 1-4 &10 : Dr. K.N.Singh, A.S.G.
Mr. Kumar Priya Ranjan, CGC
Mr. Shriram Krishna, Advocate
Mr. Abhijeet Gautam, Advocate
Mr. Amarjeet, Advocate
For Respondent No. 5-8 : Mr. Lalit Kishore, A.G.
Mr. Anjani Kumar, AAG-4
Ms. Archana Palkar Khopde, Advocate.
For Respondent No. 9 : Ms. Shama Sinha, Advocate
Mr. Saurav Kumar Suman, Advocate
For the Railways : Mr. Siddhartha Prasad, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
27 20-07-2022Through a Historical Lens Deshratna Dr. Rajendra Prasad was born at Village Zeradei, District-Siwan on 3rd December, 1884. He was a man of great honour; an eminent scholar and a leading practitioner of Patna High Court CWJC No.21044 of 2021(27) dt.20-07-2022 2/22 law who actively participated in the movement for Indian independence. He associated himself with the calls given both, by Indian National Congress and the Father of the Nation, Mahatma Gandhi, such as the Salt Satyagrah movement of 1930 and the Quit India Movement, 1942. In connection with such engagements, he was imprisoned several times by the authorities.
2. From Zeradei, he shifted to Patna and actively participated in the activities of the Indian independence movement. With the passage of time, he was elected the President of the Constituent Assembly and made seminal contributions in the drafting of the Constitution of India. Post Independence when India became a republic in the year 1950, Dr. Rajendra Prasad was elected as the President of India and served as such twice. In the year 1962, he was awarded the Bharat Ratna.
3. A practising advocate of this Court highlighted an issue of importance, placing on record material indicating the pitiable condition in which the Memorial of Deshratna Dr. Rajendra Prasad at Village Zeradei, District- Siwan was being maintained.
4. During the course of hearing, Shri P. K. Shahi, Senior Patna High Court CWJC No.21044 of 2021(27) dt.20-07-2022 3/22 Advocate, invited our attention to the similar conditions of two other historically significant properties, based at Patna, which were also ill maintained. The first one being Sadakat Ashram, the place of Deshratna Dr. Rajendra Prasad's last abode and the second one being Bans Ghat, i.e. Samadhi Asthal, where his mortal remains were assigned to fire.
5. Vide our orders dated 23.12.2021, we had taken notice of all such facts but had refrained from penning down all of that which was placed before us and was being argued, only to avoid embarrassment; shame; and guilt.
6. A team of Local Commissioners headed by Smt. Nivedita Nirvikar, learned Senior Advocate, was constituted to ascertain the factual aspects with regard to infrastructure and state of affairs; and to give suggestions as to how best the three locations- Memorials as well as the birth place, may be restored and better maintained.
7. The report of the Local Commissioners only fortified the picture depicted by the petitioner. Consequently, several parties were impleaded and directions were issued to each one of the stakeholders dealing with the Memorials.
8. Since January, 2022, we have been taking up this matter, almost on a day-to-day basis, in order to ensure that all Patna High Court CWJC No.21044 of 2021(27) dt.20-07-2022 4/22 of the three Memorials are fully developed; properly protected, preserved and beautified.
9. We shall now enumerate all the developments with respect to each of the memorials which have taken place since filing of the petition.
Village-Zeradei, District Siwan
10. It was noticed that the building which had been previously declared a monument by the Archaeological Survey of India (ASI) was ill maintained.
11. In order to protect and preserve the Memorial, four vital steps were required to be taken- (a) the main building was to be renovated; (b) the compound was to be properly fenced;
(c) the area adjacent to the compound was to be included, not only for the purposes of beautification, but also restoring properly, the already available infrastructure; and (d) access to the area had to be made obstruction free by constructing Railway Over-Bridge.
12. Pursuant to the directions of this Court, all the stakeholders not only visited the place, but gave certain suggestions for dealing with each one of the issues- which were implemented. Graciously, the land adjacent to the compound of the Memorial was transferred by the legal heirs of Deshratna Dr. Patna High Court CWJC No.21044 of 2021(27) dt.20-07-2022 5/22 Rajendra Prasad in favour of the State. The State Government sanctioned, approved and made a budgetary proposal for developing the said area; Indian Railways and the State Government agreed to not only making available the land, but also financing, jointly, the construction of the Railway Over- Bridge so as to facilitate easy access to the memorial. The State Government agreed to assist ASI in taking all steps for beautification of the area. The Officers/Officials of ASI- Regional Director, ASI at Kolkata; Additional Director General, ASI Headquarter, New Delhi visited the spot. They not only prepared several plans, but suggested certain measures to be taken for the development of the memorial. Thankfully, constructive steps are being taken towards realizing these proposals. Almost Rs.40 to 45 Crores is to be spent for all such activities.
Bans Ghat (Samadhi Asthal), Patna
13. On 7th February, 2022, we had interacted with Dr. Chandrashekhar Singh, District Magistrate, Patna who had agreed to undertake an exercise, examining the steps as to how best the said site can be protected and preserved. After visiting the spot, he submitted a proposal. Pursuant to the direction issued by this Court, the said property is now being maintained Patna High Court CWJC No.21044 of 2021(27) dt.20-07-2022 6/22 not by the Patna Municipal Corporation as was so being done hitherto, but by the Department of Art, Culture & Youth, Government of Bihar, Patna.
14. On our request, the Additional Director General (Conservation), ASI Headquarter, New Delhi had visited the spot and had given suggestions as to how best the property could be further developed. The inspection resulted in the Government forming a plan of not only adding certain areas to the Samadhi Asthal, but also developing the same, considering that the Ganges flows through part of the property, so as to make this site similar to the Samadhi Asthal of Father of the Nation, Mahatma Gandhi popularly termed as 'Raj Ghat', New Delhi.
15. The State Government and more specifically, the District Administration agreed to develop the property so as to make it a place befitting a place of reverance and national value. Thus far, there has been no problem in taking action in furtherance thereof.
Bihar Vidyapeeth, Sadakat Ashram, Patna
16. The property comprises 32 acres of land. Initially on the property, there was an old superstructure where Deshratna Patna High Court CWJC No.21044 of 2021(27) dt.20-07-2022 7/22 Dr. Rajendra Prasad spent most of his time pursuing the activities of the Indian independence movement. After his passing away, the property has been managed by a few individuals, who formed a society and ran it as an institution by the name 'Bihar Vidyapeeth'. Undisputedly, with the passage of time, certain structures were built and unauthorizedly encroached upon. Additionally, there was an encroachment over vacant land; certain parts of the boundary were damaged and had fallen apart. The property was unkempt and ill-maintained.
17. Pursuant to our request, the District Magistrate, Patna who had visited the location, filed an affidavit on 10 February, 2022 (page-400), stating inter alia that during the course of inspection, he was informed by the Chairman of the Bihar Vidyapeeth that the entire land comprising Sadakat Ashram was 32 acres on which 60 families were staying unauthorizedly wherein rent was also not being paid to Bihar Vidyapeeth. The Chairman, Bihar Vidyapeeth was directed to furnish the land details so as to identify the encroachers and take appropriate action. The Circle Officer, Patna Sadar was directed to submit a detailed report with regard to the said 32 acres of land after carrying out necessary measurements. Thereafter, his affidavit indicated that at least 53 encroachers stood identified against Patna High Court CWJC No.21044 of 2021(27) dt.20-07-2022 8/22 whom necessary action had been initiated. The Executive Officer, Patliputra Circle, was directed to ensure cleanliness of the area.
18. Further an amount of Rs.10 Crores as funded by the Central Government was available with Bihar Vidyapeeth. This was by way of grant made in the year 2007 in addition to further grant of Rs.25 lakhs made by the Art, Culture and Youth Department, Government of Bihar.
19. The affidavit reflected the sorry state of affairs in which the property of Bihar Vidyapeeth, Sadakat Ashram was being kept. Consequently, the Court was constrained to direct personal presence of the Chairman, Bihar Vidyapeeth.
20. On 3rd of March, 2022, as we have recorded in our order, Shri Vijay Prakash, Chairman, Bihar Vidyapeeth undertook to fully cooperate and furnish entire information of the property to the District Magistrate, Patna, for we found that the details of the property, i.e. the land and the encroachers, were not being made available to the District Magistrate. In our order, we have recorded the undertaking furnished by the Chairman in the following terms:
"Shri Vijay Prakash, Chairman Bihar Vidyapeeth, undertakes to fully co-operate and supply complete information to the District Magistrate, Patna."
Patna High Court CWJC No.21044 of 2021(27) dt.20-07-2022 9/22
21. We found the District Administration, Patna had taken adequate steps to protect the land and remove the encroachments/unauthorized occupants- the fact stands recorded in our order dated 4th April, 2022, in the following terms:-
"Inviting attention of the sketch map of Bihar Vidyapeeth, as prepared by the district administration, learned Advocate General states that now the entire area, as depicted in the legend "INDICATE ENCROACHED AREA = 0.83 Acre (Total 15 shop area = 0.8 DISMIL) (TOTAL 42 HOUSES AREA = 75.81 DISMIL)" is now encroachment free and temporarily fenced. 15 shops and 42 houses stand demolished. Construction for making outer boundary wall so as to align it with the original boundary wall already in existence, is in progress and would be completed within next three days.
Insofar as rectification of the error in the revenue record with respect to the land indicated as a legend in the sketch map as "Jamabandi with different names area = 5.25 acre (Parallel = 2.20 Acre)", learned Advocate General states that needful shall positively be done within next two weeks.
We direct such process be expedited and competed preferably within next ten days, unless the statute requires the needful be done within other specified period.
Ms. Shama Sinha, learned counsel, states that within the complex of Vidyapeeth, there are several establishments including Sangrahalaya -1 and Sangrahalaya -2 (the former being the place where Desh Ratna Dr. Rajendra Prasad used to reside and the latter from where he left for the heavenly abode).
She further states that vide order dated th 25 February, 2022, the State Government has Patna High Court CWJC No.21044 of 2021(27) dt.20-07-2022 10/22 nominated one officer of the rank of Joint Secretary to be part of the Managing Committee to man such establishments.
We are of the considered view, as is also consented by all the parties including the Bihar Vidyapeeth, through its Chairman Mr. Vijay Prakash, who also is present in the Court, that for the interregnum, the management and the affairs of at least two establishments, i.e. the Sangrahalayas, i.e., commonly termed as No. 1 and No.2., be done by the Commissioner of Patna Division. Hence, ordered accordingly.
We direct the said officer to forthwith take charge of the affairs of these two establishments for the purposes of management, running, maintenance and upkeep.
Mr. Vijay Prakash, Chairman of Bihar Vidyapeeth has no objection to that. In fact as already noticed, he and through him the entire body, consented for the same.
Additionally, Mr. Vijay Prakash states that a sum of rupees five lakhs shall be kept at the disposal of the Commissioner of Patna Division for the management of these establishments. He clarifies the same not to be out of the funds of rupees ten crores received as grant from the Central Government.
For Financial Management, let the Divisional Commissioner open a separate account for such purposes.
We clarify that, as is so consented by Mr. Vijay Prakash, salary of the employees deputed at the Sangrahalayas shall be continued to be paid by the Bihar Vidyapeeth.
Further, we are not clear as to whether the entire land of 32.80 acres minus the one referred to Supra, i.e., 5.25 acres, is in the name of Bihar Vidyapeeth. We are orally informed that perhaps the said land is in the name of (a) Bihar Vidyapeeth; (b) Smt. Kamla Nehru; and
(c) Shri Braj Kishor.
If that were so, the District Magistrate, Patna shall ensure that the entire land is Patna High Court CWJC No.21044 of 2021(27) dt.20-07-2022 11/22 mutated in the name of a single entity, i.e., Bihar Vidyapeeth for which, Shri Vijay Prakash, Chairman of Bihar Vidyapeeth and Ms. Shama Sinha, learned counsel for the Bihar Vidyapeeth, have no objection and have consented.
Having interacted with learned Additional Solicitor General, we are of the considered view that it would be appropriate that the Additional Director, Archaeological Survey of India, also make himself available on the next date of hearing. The actual work of restoration of the Memorial(s) of Desh Ratna Dr. Rajendra Prasad would now commence, with all incidental issues addressed to a greater extent."
(Emphasis supplied)
22. Noticeably, the State Government nominated one Officer of the rank of Joint Secretary to be part of the Managing Committee for manning Bihar Vidyapeeth which housed two museums, i.e. the Sangrahalaya (1) and Sangrahalaya (2), the former being the place where Deshratna Dr. Rajendra Prasad used to reside and latter the place where he left for his heavenly abode. Considering the importance, relevance and significance and, more so, the need for maintaining the Sangrahalayas (museums), we had directed a senior level officer, i.e. the Commissioner of Patna Division, to take charge of these Sangrahalayas for the purposes of management, maintenance and upkeep. Not only the Chairman, but the entire body of Bihar Vidyapeeth had consented for passing such an order. Further, Patna High Court CWJC No.21044 of 2021(27) dt.20-07-2022 12/22 they agreed that a sum of rupees five lakhs shall be kept at the disposal of the Commissioner of Patna Division for such purpose. Pursuant to our direction, the property now stands transferred into the name of the Bihar Vidyapeeth.
23. On 20th April, 2022, after interacting with Shri Janhwij Sharma, ADG (Conservation) ASI, Head Quarter, New Delhi, we were of the firm view that for the purposes of proper management and control of all the three places, i.e. two museums at Bihar Vidyapeeth, Sadakat Ashram and Bans Ghat, Samadhi Asthal, Patna, having historical value and importance, perhaps the Government was required to take certain measures, one of them being bringing out special legislation.
24. The matter was taken up on 10th and 11th May, 2022 when the Chairman of Bihar Vidyapeeth could not appear on account of bereavement in the family.
25. In the meanwhile, one Shri Sanjeev Shrivastava filed an application for impleadment (I.A. No.10 of 2022) making serious allegations against the persons managing the affairs of Bihar Vidyapeeth. We refrained from issuing any order thereupon, but considering the stand taken by the management of Bihar Vidyapeeth and their resistance in having the Divisional Commissioner also maintain the Study Centre and Patna High Court CWJC No.21044 of 2021(27) dt.20-07-2022 13/22 the Library, being part of the memorial/museum, on 12 th May, 2022, we reiterated our view that the appropriate authority should consider taking a decision overhauling the management of Bihar Vidyapeeth, either under the existing statutory provisions or by way of special legislation, for there is no doubt in our mind that not only the Museums, Study Centre and the Library but the entire property termed as 'Bihar Vidyapeeth' is of National Heritage and of prime public/national importance.
26. Surely, we are of the view that the property cannot be managed by few, howsoever well intentioned their thoughts and actions may be. We clarify that at this stage, we refrain from dealing with the contents of the application filed by Shri Sanjeev Shrivastava, more so for we are looking for early resolution of the issues pertaining to the three sites of Bihar Vidyapeeth.
27. Undisputedly, it is only pursuant to the directions issued by this Court and the action taken by the State that (a) the entire land was physically inspected, measured and revenue record rectified; (b) the property was made encroachment free;
(c) unauthorized constructions were demolished; (d) the entire property was fenced; (f) the museums are being efficiently managed by the State.
Patna High Court CWJC No.21044 of 2021(27) dt.20-07-2022 14/22
28. With respect to the birth place Deshratna Dr. Rajendra Prasad as also his resting place Bans Ghat, the beautification to be undertaken must be done, keeping in mind, the nature of the location. While it is important to develop the same, as tourist attractions so that the public may be further well connected with our rich heritage. It is equally if not more important to ensure that the spirit of such historical locations is not compromised in this process. Any facilities to be built on these spots should be so, keeping in view this fact.
29. We may record that at one place, the Management had, in principle, agreed to hand over the Study Circle to the Divisional Commissioner, so also the Library, with a stipulation that the same be allowed to be used by the students pursuing a Bachelors in Education (B.Ed) at Bihar Vidyapeeth. Certainly, we are of the view that any educational activity carried out in the campus has to be in a proper manner and all infrastructure has to be at the level of institute of National/International repute. Needless to say, it would have been incumbent upon the State to take all steps to ensure the same; however, only account of certain misapprehensions on the part of the Bihar Vidyapeeth Administration, such an endeavour could not be finalized.
30. Several affidavits stand filed by the parties making the Patna High Court CWJC No.21044 of 2021(27) dt.20-07-2022 15/22 paper book voluminous running into 1300 pages (approxmately).
31. This Court had initially noted vide order dated 23.12.2021 the sorry state in which the memorials of late Deshratna Dr. Rajendra Prasad are being maintained at village- Ziradei, District-Siwan, Bihar. Since such order, much water has flown.
Constitutional Obligation
32. The Constitution of India under the Directive Principles Of State Policy imposes an obligation upon the State under Article 49 of the Constitution of India to protect every monument or place or object or artistic or historic interest from spoliation, disfigurement, destruction.
33. Part IV-A of the Constitution then under Article 51A(f) casts a duty upon a citizen to value and preserve the rich heritage of our composite culture. It is in light of these two provisions that the birth place of Deshratna Dr. Rajendra Prasad
- its maintenance and protection should be a priority of the State. The role played by him cannot be overemphasized in importance. As the President of the Constituent Assembly and later the first President of Independent India, the mark left by Patna High Court CWJC No.21044 of 2021(27) dt.20-07-2022 16/22 him is indelible.
34. Though may be not enforceable by a writ of the Court, but what is equally well cognized is that Part-III and Part IV form the conscience of the Constitution. It has be held by Hon'ble the Apex Court in AIIMS Students' Union v. AIIMS, (2002) 1 SCC 428 that-
"58. ... Almost a quarter century after the people of India have given the Constitution unto themselves, a chapter on fundamental duties came to be incorporated in the Constitution. Fundamental duties, as defined in Article 51-A, are not made enforceable by a writ of court just as the fundamental rights are, but it cannot be lost sight of that "duties" in Part IV-A Article 51-A are prefixed by the same word "fundamental" which was prefixed by the founding fathers of the Constitution to "rights" in Part III... State is, all the citizens placed together and hence though Article 51-A does not expressly cast any fundamental duty on the State, the fact remains that the duty of every citizen of India is the collective duty of the State. Any reservation, apart from being sustainable on the constitutional anvil, must also be reasonable to be permissible... Fundamental duties,...yet provide a valuable guide and aid to interpretation of constitutional and legal issues. In case of doubt or choice, people's wish as manifested through Article 51-A, can serve as a guide not only for resolving the issue but also for constructing or moulding the relief to be given by the courts. Constitutional enactment of fundamental duties, if it has to have any meaning, must be used by courts as a tool to tab, even a taboo, on State action drifting away from constitutional values."
(Emphasis Supplied)
35. Further, it has been held in Rajeev Mankotia v. Secy. to the President of India, (1997) 10 SCC 441 Patna High Court CWJC No.21044 of 2021(27) dt.20-07-2022 17/22
6. "...In other words, either of them are required and shall be protected, preserved and maintained as national monuments or State monuments for the basis which not only gives pride to the people but also gives us insight into the past glory of our structure, culture, sculptural, artistic or archaeological significance, artistic skills and the vision and wisdom of our ancestors, which should be preserved and perpetuated so that our succeeding generations learn the skills of our ancestors and our traditions, culture and civilisation. They would have the advantage to learn our art, architecture, aesthetic tastes imbibed by the authors of the past and to continue the same tradition for the posterity. Preservation and protection of ancient monuments, is thus the duty of the Union of India and the State Governments concerned in respect of ancient monuments of national importance or those of State importance respectively to protect, preserve and maintain them by preserving or restoring them to their original conditions."
(Emphasis Supplied)
36. It is also to be noted that the intention of the framers with regard to protection of ancient monuments or those of historical or artistic importance is clear. Hon'ble the Apex Court in K. Guruprasad Rao v. State of Karnataka, (2013) 8 SCC 418 has noted that:
"14. The members of the Constituent Assembly, which was entrusted with the task of drafting the Constitution, were very much aware of the necessity of protecting the monuments and places/objects of artistic or historic importance but they were also conscious of the fact that the Central Government alone may not be in a position to take measures for the protection of ancient and historical monuments across the vast territory of the country. Therefore, it was decided that the States should be burdened with the responsibility of protecting the ancient and historical monuments within their territories. This is the reason why the subject relating to ancient monuments and archaeological sites and remains has been distributed into three different entries:
14.1. Entry 67 of the Union List -- Ancient and Patna High Court CWJC No.21044 of 2021(27) dt.20-07-2022 18/22 historical monuments and records, and archaeological sites and remains, declared by or under law made by Parliament to be of national importance.
14.2. Entry 12 of the State List -- Ancient and historical monuments and records other than those declared by or under law made by Parliament to be of national importance.
14.3. Entry 40 of the Concurrent List --
Archaeological sites and remains other than those declared by or under law made by Parliament to be of national importance."
International Law
37. India is an active member of the International community and is part of various convention treaties and agreements so also with respect to preservation of historical monuments and cultural heritage. Apart from the duties imposed upon the State by the first and foremost the Constitution followed by National and State Laws, the International Law also does so in equal form buttressed by Article 51(c) Part IV of the Constitution of India. The Convention On Protection Of The World Cultural And Natural Heritage
38. Article 1 defines cultural heritage and includes monuments as an expression thereof. Article 5 speaks of the duty of a State party in such protection. To state the importance of the responsibility of the State, we deem it fit to reproduce the text as under:-
Patna High Court CWJC No.21044 of 2021(27) dt.20-07-2022 19/22 " To ensure that effective and active measures are taken for the protection, conservation and presentation of the cultural and natural heritage situated on its territory, each State Party to this Convention shall endeavor, in so far as possible, and as appropriate for each country: (a) to adopt a general policy which aims to give the cultural and natural heritage a function in the life of the community and to integrate the protection of that heritage into comprehensive planning programmes; (b) to set up within its territories, where such services do not exist, one or more services for the protection, conservation and presentation of the cultural and natural heritage with an appropriate staff and possessing the means to discharge their functions; (c) to develop scientific and technical studies and research and to work out such operating methods as will make the State capable of counteracting the dangers that threaten its cultural or natural heritage; (d) to take the appropriate legal, scientific, technical, administrative and financial measures necessary for the identification, protection, conservation, presentation and rehabilitation of this heritage; and (e) to foster the establishment or development of national or regional centres for training in the protection, conservation and presentation of the cultural and natural heritage and to encourage scientific research in this field."
UNESCO Declaration Concerning The International Destruction Of Cultural Heritage
39. The said declaration was adopted 2003. It requires States to take all appropriate, legislative, administration and other measures for protection of cultural heritage and to ensure respect thereof particularly through educational, awareness raising and informational programmes.
40. Principle VII stipulates that States should take appropriate measures in accordance with International Law to Patna High Court CWJC No.21044 of 2021(27) dt.20-07-2022 20/22 provide effective criminal sanction against persons who commit or ordered to be committed, acts of intentional destruction of cultural heritage, irrespective of whether such heritage is included in the list maintained by UNESCO or some other organization.
41. We notice that the report filed by Shri Janhwij Sharma, ADG (Conservation), ASI, New Delhi highlights many important points, particularly in reference to Sadakat Asharam, Bihar Vidyapeeth. In order to appreciate true sense of the current states of this very important site, it is required that the following paragraphs be quoted [page 151-152];
"The immediate ambience of both these structures are marred by modern constructions which include a multi-storied Atal incubation Centre (est. 2018) located very close to Sangrahalaya 1. It is now the centre of many other activities under Bihar Vidyapeeth like computer education and Information Technology (est. 2014), Centre for incubation and Entrepreneurship (est. 2018), Institute of Packaging (est. 2019), etc. ..."
42. Further, it is stated that-
"Many modern additions and alterations have been undertaken in the building of Sangrahalaya 1 which has resulted in the building losing its original character and authenticity. The cropping up of modern encumbrances within the last few decades, especially during the immediately preceding decade and consequent landscape alteration in a major way has further altered the authenticity and integrity of the Patna High Court CWJC No.21044 of 2021(27) dt.20-07-2022 21/22 ambience to the extent that it has been rendered irreversible for all practical purpose..."
43. This reflects poorly on the State. It has clearly abdicated its duty of preservation of monuments of historical importance thus far. By virtue of a public spirited person bringing this issue to the fore and as a result of prodding and probing by this Court, the State has now taken a constructive step in this direction. Further swift action is required on the part of the State to ensure that there is no further degradation of the area on which Sangrahalaya (1) is housed. Not only that; it is also important that the serenity and ambience of Deshratna Dr. Rajendra Prasad's residence is maintained, in keeping with his austerity. In the considered view of this Court, the education centres surrounding this location are required to be relocated at a place where neither their activity is impeded nor is history damaged.
44. At this stage, Mr. Lalit Kishore, learned Advocate General, informs that the Cabinet has already approved the ordinance dealing with the monuments pertaining to Deshratna Dr. Rajendra Prasad.
45. As prayed for, list this case on 21.07.2022. Patna High Court CWJC No.21044 of 2021(27) dt.20-07-2022 22/22
46. Court Master to supply authenticated copy of the order to the learned counsel for the parties immediately.
(Sanjay Karol, CJ) ( S. Kumar, J) Sujit/Ashwini U