'Shocking That Rajasthan Has Permitted Its Heritage To Be Destroyed' : Supreme Court Forms Panel To Protect Heritage Sites After State's Negligence

The Supreme Court on Wednesday constituted a five member Supervisory Committee for the protection and renovation of several heritage sites in the State of Rajasthan. The top court also appointed Former Chief Justice of the Bombay and Rajasthan High Courts Pradeep Nandrajog as head of the Committee. The bench comprising Justices Sanjay Kishan Kaul, Abhay S. Oka and JB Pardiwala passed detailed orders while hearing Applications filed by the Respondents in the Civil Appeal, the subject matter of which is the Estate of erstwhile Maharaja of Khetri, Shri Raja Sardar Singh which also happens to include several heritage properties. It is important to note here that the rights over the Estate of the Maharaja is the subject matter of a different civil suit which is currently pending adjudication before the High Court of Delhi. However, because of the pendency of the civil suit before the High Court for over a decade, the issue of maintenance of the heritage properties was brought for consideration before the bench through Interim Applications filed by the Respondents.It is also important to point out that the State of Rajasthan had exercised its rights under the Rajasthan Escheats Regulation Act, 1956 predicated on a reasoning that there was no legal representatives who would inherit the estate ad had taken over the properties in question. In its earlier order dated 22-09-2022, the top court had ordered the state of Rajasthan as follows: "Insofar as the renovation of the property is concerned, learned counsel for the State volunteers that the renovation would be carried out under the guidance of the Archaeological Survey of India and only experts would be permitted to device methods for renovation and conservation. We thus call upon the State to submit complete proposal in this behalf and at request of the Trust we also permit them to submit the proposal and both proposals to be exchanged."The Respondents, led by Senior Advocate C. Aryama Sundaram, argued before the bench today that the properties in question, that are currently under the care of the State Government, have been brought to shambles and are in a despicable state. Sundaram also submitted before the bench that despite the last orders passed by the court, the State had wilfully disobeyed and had abdicated from its duty of complying with the directions of the court. Sundaram then presented before the bench a book titled "Lost Treasures" that narrates the unfortunate state of these heritage properties with photographic evidences that were collected as late as on 4th of January 2023, a month and a half after the bench had passed the last order. The Court after hearing the Respondents in detail with respect to the shocking state of affairs with respect to the management of these properties, and after not being satisfied at all by the submissions of the Petitioners i.e. the State of Rajasthan, who were represented by Senior Advocate Manish Singhvi, passed detailed orders."State of Rajasthan has permitted its heritage to be destroyed" The bench in its order stated, "It is shocking the manner in which the state of Rajasthan has permitted its heritage to be destroyed and continues to permit it to be destroyed, while claiming its rights under the Rajasthan Estates Regulation Act, 1956. Our order dated 29-02-2022 already sets forth the controversy. The State has failed to comply with the said order.""We will issue contempt notices...Will spare no one"Justice Kaul, who was heading the bench, remarked, "We will spare no one". He further inquired from Dr. Singhvi as to whose responsibility it was to manage the properties in question. Singhvi replied and said, "Collector, Jaipur, my lords!" The bench then stated in its order, "In our query, learned counsel submits it is the Collector, Jaipur who is incharge of the so called efforts. No plan has been placed before us. We have noted that whoever is responsible is in breach of our order. Let notice of contempt be issued to the Collector, Jaipur, returnable on the next date and explain as to why we should not initiate notice of contempt and punish him in accordance with law for what is perceived as a wilful disobedience of the orders of this court. Learned Counsel accepts notice on behalf of the collector. Reply be filed within 4 weeks.""The material placed before us reflects a horrifying picture"Referring to the booklet presented by the Respondents, the bench ordered, "The Respondents have placed before us an updated booklet, apart from what the material was placed before us on the last date, titled “lost treasures”. It reflects a horrifying picture. "The state government has shown no consideration for restoration of heritage"The bench further, in its order, stated, "The issue of restoration of heritage undoubtedly cannot be for the state government which has shown no consideration for the same. Whether ultimately the trust is entitled to it or not or whether agnates or cognates are so entitled, is a different...

'Shocking That Rajasthan Has Permitted Its Heritage To Be Destroyed' : Supreme Court Forms Panel To Protect Heritage Sites After State's Negligence

Anurag Tiwary

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