Supreme Court Seeks Explanation From Authorities On Demolition Of Ancient Gates Of Datia City In Madhya Pradesh

The Supreme Court on Wednesday (September 25) directed the Collector and the Chief Municipal Officer of Datia(Madhya Pradesh) to file affidavits addressing the allegations of illegal demolition of ancient gates of the outer fortification surrounding Rajgarh Palace in MP's Datia city.

A bench of Justice BR Gavai, Justice Prashant Kumar Mishra, and Justice KV Viswanathan also directed them to outline steps for the restoration and repair of the ancient gates in the city of Datia within four weeks.

“We find that it will be appropriate that respondent No.1 and Respondent No.2 shall file an affidavit, within four weeks, so as to meet the averments made in the application(s). It shall also be stated in the affidavit as to what steps they propose to take for restoration and repair of the ancient gates”, the order reads.

The Court was dealing with an application seeking directions against the authorities for their alleged willful disobedience of the Madhya Pradesh High Court's order dated January 23, 2018, in which they undertook that the gates will not be demolished.

According to the application, the respondents have undertaken not to demolish any of the historical gates (phataks) in Datia. However, despite this undertaking, the respondents allegedly demolished the Richhra Phatak and Bhanderi Phatak on September 14, 2024. The application claims that the demolitions occurred over a weekend when the Supreme Court was not in session due to Eid holiday on September 16, 2024.

The application alleges that the respondents were fully aware of the ongoing judicial proceedings, yet proceeded with the demolition using earthmovers and bulldozers. It further states that the Richhra Phatak and Bhanderi Phatak were partially damaged in earlier demolitions, which were also in violation of court orders. As a result of these actions, only four of the original six gates in Datia remain standing, the application states.

During the hearing yesterday, the counsel for the respondents claimed that the gates were not demolished. Rather, they fell down due to heavy rain and people got stuck under the debris. He said that the authorities were compelled to remove the debris to recover the bodies of seven persons who died in the incident.

Justice BR Gavai questioned what steps the authorities have taken to restore the gates. “You should have strengthened them. Why did you permit it to fall down?”, he added.

Background

The fortification of Datia, including the gates, was built by the erstwhile King of Datia in 1810 and completed in 1828. The fortification encompassed the Veer Singh Palace, which is a protected site under both the Ancient Monuments and Archaeological Sites and Remains Act, 1958, and the Madhya Pradesh Ancient Monuments and Archaeological Sites and Remains Act, 1964. The Municipal Council, Datia, had previously passed a resolution on May 25, 2017, to demolish parts of the fortification for the construction of a ring road and shops.

The petitioner approached the Madhya Pradesh HC in 2017, seeking protection of the gates. On January 23, 2018, the High Court passed an order based on an undertaking by the Municipal Council that the gates would not be harmed or demolished. The High Court also directed the Archaeological Survey of India to consider the petitioner's representation to declare the fortification as a protected monument.

Despite this, the application alleges that the respondents violated the High Court's order and proceeded with the demolition. The petitioner subsequently filed a contempt petition in the HC, but it was dismissed on February 21, 2022, as the HC noted the authorities' claim that the structure had collapsed due to wear and tear rather than deliberate action by them.

Thus, the petitioner approach the Supreme Court, which issued notice on the SLP in August 2022, the present interim application has been filed in this SLP.

The application emphasizes that the authorities have continued to act in disregard of court proceedings, despite being aware of the pending contempt case before the Supreme Court. It cites a report from a local newspaper dated August 19, 2024, which mentioned the planned demolition of the gates to make way for a two-lane road connected to the ring road.

The respondents, in a counter-affidavit, claimed that the damage to the structures was due to natural wear and tear and not due to any deliberate demolition. They also stated that they had sought permission to repair and restore the damaged gates. However, the petitioner asserts that the recent demolitions on September 14, 2024, contradict these claims.

Appearance –

For Petitioner – Mr. Yashraj Singh Deora, Sr. Adv. Mrs. Yugandhara Pawar Jha, AOR Mr. Harshvardhan Jha, Adv. Ms. Sonal Chopra, Adv. Mr. Aman Pathak, Adv. Mr. Sumeet Mishra, Adv.

For Respondents – Mr. S. Nagamuthu, Sr. Adv. Mr. Pashupathi Nath Razdan, AOR Mr. S. Nagamuthu, Sr. Adv. Mr. Prashant Shukla, Adv. Mrs. Anushree Shukla, Adv. Mr. Prabhat Chowdhary, Adv. Mr. Kartik Kumar, Adv. Ms. Ritika Raj, Adv. Mr. Akshat Mudgil, Adv.

Case No. – Special Leave To Appeal (C) No. 13797/2022

Case Title – Ram Kumar Itoriya v. Sanjay Kumar and Ors.