Allahabad High Court Issues Notices To UP Govt, ASI On PIL Claiming 4,995 Heritage Sites In UP Are Lying In 'Shambles'

The petition, filed by Ghaziabad-based lawyer Akash Vashishtha, highlights a massive gap in heritage conservation across UP at various places, including Jhansi, Vrindavan, Agra, Lucknow and Hastinapur.

The petition alleges an "abject failure" by statutory authorities in conserving priceless sites across the state. It claims that the UP State Archaeology Department has not undertaken any effort since 2011 to identify and prepare a list of monuments that are "lying unprotected/unconserved and are in need of protection".

Hearing the petition on Monday, a bench of Chief Justice Arun Bhansali and Justice Kshitij Shailendra directed the departments concerned to respond to the PIL plea within 8 weeks.

According to the plea, out of the 5,416 historic buildings and archaeological sites in the state, only 421 are currently protected by state or central agencies.

Specifically, the UP-State Archaeology Department protects 212 sites, while the ASI Agra and Lucknow circles protect 154 and 55, respectively.

The petition argues that apart from the above, 4,995 structures are entirely unprotected. The petitioner asserts that as a consequence of this, these invaluable historical assets are being "usurped, encroached and/or put to some other non-heritage uses by private individuals as well as public authorities".

The plea further alleges that some of the most ancient archaeological monuments, heritage sites and structures are being usurped, encroached and/or put to some other non-heritage uses by private individuals as well as public authorities.

It states that several monuments and structures have been demolished to raise constructions of new structures, completely oblivious to the rich heritage and tourism value

"Because of non-protection, several ancient monuments have completely been removed unscrupulously, while leaving no trace of such monuments at the places they existed,” the plea argues.

The petition makes special mention of the Braj-Vrindavan region in Mathura district, which alone hosts more than 5,000 ancient monuments, including 48 Ghats along the Yamuna River, which the plea states have never been identified, listed, or protected.

The petitioner has prayed for the court to issue directions to seek "UNESCO World Heritage status for the entire Vrindavan".

Against this backdrop, the PIL plea prays that a direction be issued to identify and thoroughly document all heritage sites and structures existing across the state that are completely unprotected, and to duly protect the same.

In fact, the plea alleges that even the 209 structures purportedly protected by the ASI in the state are suffering from serious deficiencies, irregularities and poor maintenance.

"Several monuments such as the Rani Laxmi Bai Fort in Jhansi, Imam Bara in Lucknow and Radha Ballabh Temple in Vrindavan have been critically damaged by defacement, desecration and defiling. The Jugal Kishor Temple monument in Vrindavan remains closed most of the daytime and the ASI has not deployed any staff personnel at most of the protected monuments in Vrindavan", the plea claims.

The PIL plea thus prays for the protection of all 5,416 Ancient Monuments and Archaeological Heritage sites documented by INTACH. It also seeks direction for the preparation of Heritage bye-laws and detailed site plans for each Centrally Protected Monument in a time-bound manner.

Furthermore, it seeks the deployment of adequate personnel, including archaeologists and security staff and the installation of warning signage at all protected sites.

It also prays for the constitution of a 'Heritage Protection and Development Board' with wholesome powers to deal with damage and encroachments in Uttar Pradesh.