Hon'ble Devendra Kumar Upadhyaya,J.
This court in its order dated 31st March, 2014 has observed that some portion of the gate of Chhota Imambara has recently fallen and for repair work of the same application was presented to the local unit of Archeological Survey of India but the officer of ASI are taking lame excuses saying that ASI has not been entrusted with the protection of the gates.
An application seeking modification/recall of the order dated 31st March, 2014 has been moved on behalf of the ASI annexing therewith a copy of the notification dated 22nd December, 1920 wherein certain monuments were declared to be protected monuments under the provisions of Ancient Monuments Preservation Act. The said notification shows that the Tomb of Mohammad Ali Shah ( the Tomb and the adjoining periphery are now only known as Chhota Imambara) at S.No. 25 of the said notification.It is also stated that the said monument is situated in the Husainabad Imambara beyond the Residency. A copy of the drawing has also been annexed along with the said application moved by the ASI and it has been argued that ASI has been entrusted with the protection of only the Tomb of Muhammad Ali Shah which has been shown on the southern side of the site plan.
He further states that the area marked by red line is also being protected and the gates which are said to have been fallen does not form the part of the monument for the reason that the said gate lies beyond the premises of the monument.
The said application has been opposed by the petitioner and he draws attention of the court to Section 2(a) of The Ancient Monuments and Archaeological Sites and Remains Act, 1958 which defines 'ancient monument'. According to the Act ancient monument means any structure, erection or monument, or any tumulus or place of interment or any cave, rock sculpture, inscription or monolith, which is of historical, archaeological or artistic interest and which has been in existence for not less than one hundred years and includes (i) the remains of an ancient monument, (ii) the site of an ancient monument.
He also draws the attention to clause (iii) of Section 2(a) of the said Act and submits that ancient monument also includes such portion of land adjoining the site of an ancient monument as may be required for fencing or covering in or otherwise preserving such monument.
Thus he concludes that the gate in question forms part of the monument.
Let a copy of this notification and the drawing annexed with the application be handed over to the Senior Superintendent Archaeologist, ASI, Lucknow, District Magistrate, Lucknow and Principal Secretary/Secretary, Department of Culture to hold a meeting amongst themselves and take appropriate decision so that the gates in question are saved.
A copy of the supplementary affidavit which has been filed today by the petitioner be taken on record.
The said supplementary affidavit shall also be provided to the District Magistrate, Secretary/Principal Secretary, Department of Culture and Addl. Advocate General.
We further provide that the consultation amongst the aforesaid three officers shall take place within a week. We hope and trust the officers to conclude their deliberations to the positive note.
List/put up this case on 22nd May, 2014 on which date the outcome of the meeting of the aforesaid three officers shall be brought to the notice of the court by learned counsel appearing for ASI.
Learned Addl. Advocate General shall also apprise the court about development/progress which might have taken place in the meantime in respect to the framing of Regulations/Rules/Statutes for beatification of the monuments.
Order Date :- 12.5.2014 M.A.A.
(D.K. Upadhyaya, J.) (S.K. Singh, J.)