SC pulls up Raj govt for failing to protect heritage structures

After perusing some photographs on record from the heritage sites, the bench said it was “shocked” not only because its previous directives had been breached but because the state had also shown no concern in protecting structures with historical and cultural value.

The Supreme Court on Wednesday reproached the Rajasthan government for failing to protect heritage structures, commenting that the conduct of the state government is “extremely unfortunate” .

The court’s anguish came as it dealt with a protracted dispute relating to acquisition of properties of Singh, who was also a Rajya Sabha member and ambassador to Laos. Singh died childless in 1987, leaving behind a raft of properties. (HT)

A bench, headed by justice Sanjay Kishan Kaul, took strong exception to the destruction and mismanagement of properties and items belonging to the late Raja Bahadur Sardar Singh of Khetri, a member of the Constituent Assembly, despite an order passed by the court in September last year for protecting the heritage in Jhunjhunu district.

“Anybody and everybody will be better than you. You have destroyed the whole thing...This is horrifying. Portraits, books, furniture, everything is destroyed. Walls and other structures with paintings etc have been brought down. This is extremely unfortunate,” the bench, which also included justices AS Oka and JB Pardiwala told senior counsel Manish Singhvi, who was appearing for the Rajasthan government.

After perusing some photographs on record from the heritage sites, the bench said it was “shocked” not only because its previous directives had been breached but because the state had also shown no concern in protecting structures with historical and cultural value.

“You have lost your credibility. Whatever was of heritage and architectural value has been lost. Your government is not serious at all about safeguarding heritage...We are going to record that you have destroyed heritage deliberately and we will also haul you up for contempt for violating our orders,” the bench told Singhvi.

The court’s anguish came as it dealt with a protracted dispute relating to acquisition of properties of Singh, who was also a Rajya Sabha member and ambassador to Laos. Singh died childless in 1987, leaving behind a raft of properties. While the state proceeded to take over the properties under the Rajasthan Escheats Regulation Act, 1956, the move was opposed by a trust, Khetri Trust, which claimed to be a creation of Singh through a will. This sparked litigation between the state and Khetri Trust.

Taking up one of such cases on September 22, the Supreme Court noted that while the final adjudication as to which side should be handed over Singh’s assets would require more time, six immovable properties that were in the custody of the state government were in ruins and required immediate protection and restoration. These properties included Kothi Sukh Mahal, Kothi Jai Niwas, Kothi Amar Hall and Nizamat Building in Jhunjhunu.

On that day, the state lawyer undertook that the renovation would promptly be carried out under the guidance of the Archaeological Survey of India (ASI) and that a plan for renovation and conservation would be submitted in the court at the next date of hearing.

When the matter was taken up on Wednesday, senior counsel CA Sundaram, on behalf of the trust, presented a comprehensive report regarding renovation of the sites along with current photographs of the structures. On the other hand, Singhvi sought more time to come back with a renovation plan and urged the court not to involve Khetri Trust in the renovation.

But the bench shot down the state government’s objections, and entrusted the group of experts engaged by the Khetri Trust to undertake the renovation under supervision of representatives from ASI and The Indian National Trust for Art and Cultural Heritage (INTACH).

“We are shocked and amazed at the manner in which state of Rajasthan has permitted its heritage to be destroyed and continues allowing it to be destroyed even as it claims a right over the properties under the law. There is also a contempt of our order dated September 22, 2022,” said the bench in its order. It also issued a show-cause notice of contempt against the district collector, Jhunjhunu, seeking an explanation why the officer should not be punished for failing to protect heritage despite the court order.

Fixing the next hearing on March 21, the bench directed that the state government would release an amount of ₹5 crore for renovation and conservation of the heritage sites, asking the committee to commence the task without any delay.