'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 subject matter for which different civil proceedings are on. But, in these proceedings we are concerned with how the heritage can be saved and restored. The petitioners have placed before us an assessment report of January 2023. This is the only report before us as the state has done nothing. We have perused this comprehensive report but it falls out that restoration has to be carried out. We are inclined to entrust the restoration work to the group of architects who have prepared the report."

"We consider it appropriate to appoint a court monitored committee to supervise the restoration and renovation work of subject properties"

The bench, in its order, added, "The next question arises as to what can be the check and balance of the world ought to be done by the architects. We consider it appropriate that INTAC should nominate two heritage architects and so would the ASI. The team will consist of five members which will be chaired by a retired judge. We appoint Mr. Pradeep Nandarajog, Retired Chief Justice of the Bombay and the Rajasthan High Court, to head the committee. The only positive aspect placed before us today is that a budget of 5 crores has been sanctioned by the state government for carrying out the renovation work. The said amount will remain available for the renovation work as and when cleared by the supervisory committee. Learned Counsel for the Respondents State that they will make available funds if needed, to be reimbursed by the State."

On appointing Former Justice Nandrajog as the head of the committee, Justice Kaul later orally remarked, "He will know how to get things done out of you." 

State Government to bear the expenses of the Committee

The order further stated, "The architects will be paid money by the state government. For the experts appointed reimbursements will be made by the State government. We are initially fixing the fee for the learned judge as one lac per visit and we will later decide based on the nature of the work. The expense for the complete committee will be borne by the state government."

"Encroachments from the heritage properties to be removed within 6 weeks" 

When Mr. Sundaram pointed out before the court that the respondents another major grievance is that of illegal encroachment on the subject heritage property sites, the court was inclined to further order, "One of the grievances made by the respondent is on the encroachments made on the property. Suffice it to say that any encroachments shall be removed. The state of Rajasthan to ensure encroachments are to be removed from 6 weeks from today and no proceeding shall be entertained by any court with respect to such encroachments. In order to ensure that there are no further encroachments, the collector shall provide security to all the properties."

"State to file a list of movable assets which were restored" 

The bench further ordered, "In our order dated 22-09-2022 where we have flagged the issue that there were valuable movable assets in such properties and the state was liable to account for them as they were part of the heritage. We have directed the State of Rajasthan to file a list of all the movable assets which were there in the properties and where and in what manner they have restored. We grant four weeks time. Such a report should be filed in respect of all the movables of all the properties taken over by the state."

State has no role in the maintenance or the ownership of the heritage properties for the time being

"For the time being, neither of the parties have a role assigned to play in this entire exercise. We however permit, the respondents to assist the committee to identify various aspects of the renovation work," the bench added. 

The Court ordered the Committee to report back to the court with a status report and posted the matter for hearing on 21st March.

Justice Kaul later orally remarked, "Nothing was done even after the last order. You should not say anything. You have lost the face to say anything. You have lost your credibility. We gave you a chance but you did nothing. You have given a wide window for them to say things to you."

Hinting that the movable assets from the premises of the heritage properties that are currently missing might have been done so through illegal means, Justice Kaul added, "I don’t want to say anything as to what would have happened to these things. There are various aspects. What transactions must have been involved in this whole process. It is obvious. It hurts us. It hurts all three of us. This is so pathetic. You should protect the heritage. We have so much heritage. One can visualise what must have happened. How all the movables must have been removed. I saw portraits lying on the ground. It is not only to grab the property but also to take care of it and manage it." 

Earlier during the hearing, referring to the booklet that was presented by the Respondents before the curt, Justice Pardiwala told Mr. Singhvi, "Very unfortunate. You will Skip your lunch Mr. Singhvi if you have a look at this booklet. Definitely you will skip. It is very unfortunate. See this book and you will skip your lunch immediately."

Case Title: State of Rajasthan & ors. Vs. Lord Nothbook & Ors. C.A. No. 6677/2019

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