"Custodian Of Art, Culture & Heritage": Jharkhand High Court Issues Directives For Protection Of Tagore Hill, 100 Yrs Old Structures

Referring to the Ancient Monuments and Archeological Sites and Remains Act 1958, a Division Bench of Justice Sanjaya Kumar Mishra and Justice Ananda Sen observed, “Nowhere in these provisions, i.e., Section 4 or Section 2 read with Section 2(a) of the Act provides that an “ancient monument” should be of more than 100 years old from the date of promulgation of the Act. Further, Section 4 and the definition of “ancient monument” if read conjointly, will clarify that any structure or monument, which qualifies to be an “ancient monument” and is more than 100 years old, can be declared to be of national importance by the Central Government.

This period of 100 years cannot be treated to be the period prior to promulgation of the Act. The Act does not provides for such interpretation. What has to be seen is that the structure, on the date of issuance of notification under Section 4 of the Act, should be 100 years old or more and the structure is of historical, archaeological or artistic interest.”

The above ruling came in a writ petition filed filed in the form of a Public Interest Litigation (PIL) by Society for Preservation of Tribal Culture and Natural Beauty, seeking for directions upon the Respondent/s concern to protect, restore and preserve the Brahma Mandir and other structures from further dilapidation at the Tagore Hill by including cleanliness and stopping unauthorized construction at the Tagore Hill with immediate effect.

The petitioner raised concerns about the deteriorating condition of Tagore Hill and its associated structures due to the State Government's negligence. It was argued that Tagore Hill, originally owned by the Tagore family, has historical significance, with Jyotirindranath Tagore constructing a house and the "Brahmo Mandir" for meditation over 100 years ago. The Brahmo Mandir is not a traditional temple but a meditation space for the Tagore family, the petitioner pointed out.

The petitioner highlighted the need for maintenance of other structures on Tagore Hill, such as "Kusumtal" and "Samadhisthal," as well as the preservation of "Shanti Dham," where Jyotirindranath Tagore's family resided. They also point out illegal encroachments and constructions on the hill.

The State of Jharkhand acknowledged the historical and cultural significance of Tagore Hill and the Brahma Mandir. However, they emphasized that, in accordance with the Ancient Monuments Act, the sole authority to designate a structure as nationally important rests with the Central Government. Their argument was based on the absence of direct evidence establishing that the Brahma Mandir is over a century old, and therefore, it does not meet the criteria for protection under the aforementioned Act.

The ASI and the Ministry of Culture both affirmed that the Brahma Mandir does not qualify for protection under the Act, and that they have previously assessed it and concluded that it does not meet the necessary criteria for safeguarding.

The Court, in its initial remarks, underscored that "Tagore Hill" in Ranchi is a significant hill associated with the esteemed Tagore family, particularly Jyotirindranath Tagore, the elder brother of Gurudev Rabindranath Tagore.

Citing two books, "Jyotirindranather Jiban-Smriti" by Vasantakumar Chattopadhyay and another titled "Jyotirindranath," the court highlighted that these sources shed substantial light on Jyotirindranath Tagore's life and unequivocally establish that the property belonged to the revered Tagore family.

The Court acknowledged the historical and cultural significance of Tagore Hill and its structures, asserting that they are of state importance, which the Government of Jharkhand also acknowledges.

The court stressed that these structures, prima facie dating back 100 years and directly linked to Gurudev Rabindranath Tagore's family, must be protected, preserved, and maintained for future generations. To achieve this goal, the court issued a set of directives to the State Government, ensuring the ongoing preservation of Tagore Hill and its structures, including the "Brahmo Mandir," "Kusumtal," "Shanti Dham," and the "Samadhisthal."

The Court emphasized, “Present generation is only the custodian of the art, culture and heritage of the land, which they inherit from their previous generation not only for the purpose of basking in its glory, but also to preserve them and hand them over to the next generation. We hold these art, culture and heritage as a trustee and it is our duty to preserve and maintain the same and pass it on to our future generation. Future generation will not forgive us if we destroy these, which we have inherited. So, all efforts must be taken to preserve our heritage, art and culture so that our future generations feel proud about their past.”

“We sincerely hope that considering the importance of the structure, the building and the importance of the Tagore Hill, the Archaeological Survey of India will reconsider their decision to declare the “Tagore Hill” and the structures thereon as “Ancient Monuments” to be of national importance.”, the Court further emphasized.

The Court expected these specified directives to be implemented within the designated timeframe and urged authorities to safeguard cultural heritage for the benefit of future generations.

Counsel For the Appellants: Mr. Shailesh Poddar, Advocate

Counsel For the Respondents: Mr. Prashant Pallav, ASGI Mr. Ashutosh Anand, AAG III

LL Citation: 2023 LiveLaw (Jha) 38

Case Title: Society for Preservation of Tribal Culture and Natural Beauty v. Archaeological Survey of India & Ors.

Case no.: W.P.(PIL) No. 6570 of 2022

Click Here To Read Order