SUPREME COURT SEEKS EXPLANATION FROM AUTHORITIES ON DEMOLITION OF ANCIENT GATES OF DATIA CITY IN MADHYA PRADESH
Category: Legal News
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BACKGROUND OF THE CASE
They were also given a four-week deadline by a bench consisting of Justices BR Gavai, Prashant Kumar Mishra, and KV Viswanathan to draft a plan for the preservation and maintenance of Datia's historic gates.
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.
KEY ASPECTS OF THE CASE
The Supreme Court of India has recently sought an explanation from the authorities regarding the demolition of ancient gates in Datia City, Madhya Pradesh. Here are the key aspects of this case:
1. Court’s Directive: The Supreme Court directed the Collector and the Chief Municipal Officer of Datia to file affidavits addressing the allegations of illegal demolition of the ancient gates12. The Court also asked them to outline steps for the restoration and repair of these gates within four weeks1.
2. Allegations of Illegal Demolition: The application before the Court claimed that the authorities had willfully disobeyed a Madhya Pradesh High Court order from January 23, 2018, which prohibited the demolition of the gates12. Despite this, the Richhra Phatak and Bhanderi Phatak were allegedly demolished on September 14, 20241.
3. Authorities’ Defense: The respondents argued that the gates were not deliberately demolished but had collapsed due to heavy rain, resulting in fatalities. They claimed that the debris was cleared to recover the bodies12.
4. Historical Significance: The gates are part of the fortification built by the erstwhile King of Datia between 1810 and 1828. This fortification includes the Veer Singh Palace, 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, 196412.
The former Datia King began construction on the city's defenses, which included
the gates, in 1810 and finished it in 1828. The Veer Singh Palace, which is
protected under the 1958 Ancient Monuments and Archaeological Sites and Remains
Act as well as the 1964 Madhya Pradesh Ancient Monuments and Archaeological
Sites and Remains Act, was part of the fortification. On May 25, 2017, the
Datia Municipal Council passed a resolution authorizing the fortification's
partial demolition in order to build a ring road and retail establishments.
In 2017, the petitioner filed a request for gate protection with the Madhya
Pradesh High Court. The High Court issued an order on January 23, 2018, in
response to the Municipal Council's pledge that the gates would not be damaged.
The High Court issued an order on January 23, 2018, in response to the
Municipal Council's pledge that the gates would not be damaged or destroyed.
The petitioner's request that the fortification be designated as a protected
monument be taken into consideration by the Archaeological Survey of India was
also granted by the High Court.
The application states that the respondents have promised not to destroy any of
Datia's historic gates, or phataks. On September 14, 2024, the respondents are
said to have destroyed the Richhra Phatak and Bhanderi Phatak in spite of this
promise. According to the application, on September 16, 2024, a weekend fell
during which the Supreme Court was not in session because of the Eid holiday.
According to the application, the respondents used bulldozers and earthmovers
to continue with the demolition even though they were fully aware of the
ongoing legal proceedings. It also claims that prior demolitions, which were
likewise carried out against court orders, partially damaged the Richhra Phatak
and Bhanderi Phatak structures. Due to these measures, only four of Datia's
original six gates remain.
The respondents' attorney asserted during yesterday's hearing that the gates had not been destroyed. Instead, they collapsed as a result of intense rain, trapping people beneath the rubble. He claimed that in order to recover the bodies of the seven people who perished in the accident, the authorities were forced to clear the debris.
Judge BR Gavai questioned the actions taken by the authorities in order to get the gates back.
THE CONCLUSION
In conclusion, the Supreme Court’s intervention in the case of the demolition of the ancient gates in Datia City underscores the importance of preserving historical monuments and holding authorities accountable for their protection. The Court has mandated the local authorities to provide a detailed explanation and take necessary steps for the restoration and repair of the demolished gates. This decision highlights the judiciary’s role in safeguarding cultural heritage and ensuring compliance with legal protections for historical sites.
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WRITTEN BY: YASH BHARDWAJ
GUIDED BY: ADVOCATE ANIK
