'Specify Steps Taken To Protect Monuments, Remove Encroachment From Heritage Sites In Lucknow': Allahabad HC To UP Govt

The bench of Justice Attau Rahman Masoodi and Justice Om Prakash Shukla passed this order on a 2013 Public Interest Litigation (PIL) plea filed by a Lucknow-based Advocate Syed Mohammad Haider Rizvi.

It may be noted that in October 2013, the Court had constituted a committee under the chairmanship of the Commissioner, Lucknow Division, Lucknow with the Registrar of the Court at Lucknow to act as its convenor for taking action to identify the illegal constructions and encroachments and to remove the same so as to protect the monuments in the city of Lucknow.

Furthermore, a counter affidavit was also filed by the Archaeological Survey of India (ASI) apprising the Court that as many as 364 sites have been indicated in the city of Lucknow itself.

It also stated that it is primarily the duty of the State Government to act as the executing arm for the removal of the alleged encroachments and even for taking restorative work regarding the protected monuments and the Archaeological Survey of India would act as a supervising authority.

However, since the committee was constituted by the Court in the year 2013 and there was not much that had been brought on record as to what has transpired since then and about 10 years have lapsed, hence, the Court, in July this year, directed the State to file a fresh affidavit bringing on record the current status of the Committee, what deliberations have taken places in the said committee meetings and what action has been taken over the past years.

The Court had also directed the State to indicate with sufficient particularity all that it had done to preserve the protected monuments and also to keep them free from alleged encroachments.

The Court had also made it open for the State to coordinate with other departments and authorities to effectively carry out the preservation of the protected monuments.

However, on Tuesday (September 18), no such affidavit came on the record and hence, the Court directed the Senior Registrar of the Court to submit a report within 2 weeks as to the progress of the meetings held, if any, in furtherance of the orders passed by the Court from time to time.

The Court also added that in case, the meetings of the Committee for the purpose it was constituted have not been convened so far, needful be done in this regard.

In the meantime, the Court also directed the State Government as well as the Municipal Corporation to submit an affidavit of the steps taken to remove the encroachments/streamline the civic condition and protect the monuments as well.

The matter has been listed for hearing in the week commencing October 16.

Case title - Syed Mohammad Haider Rizvi vs. Union Of India Thr.Secy.Deptt.Of Culture New Delhi And Others

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