THE DIRECTOR, DEPARTMENT OF ARCHAEOLOGY AND MUSEUMS, JAIPUR Vs. ASHISH GAUTAM AND OTHERS
LAWS(SC)-2020-5-13
SUPREME COURT OF INDIA
Decided on May 11,2020

The Director, Department Of Archaeology And Museums, Jaipur Appellant
VERSUS
Ashish Gautam And Others Respondents

JUDGEMENT

- (1.)The appeal has been preferred by the Department of Archaeology and Museums aggrieved by the judgment and order dated 5.11.2014 passed by the National Green Tribunal, Central Zonal, Bhopal (for short, 'the Tribunal') in Original Application No. 132 of 2013 (CZ). The matter pertains to "Sisodia Rani ka Bagh" (for short, 'the Monument'), situated at Jhalana, Jaipur, State of Rajasthan.
(2.)The Department of Art, Literature, Culture, and Archaeology declared the Monument as protected one vide notification dated 8.2.2012. Thereupon, Rajasthan General Development Department transferred the Monument for supervision to the Department of Archaeological and Museums. The ceremonies like marriage and other events used to be held in the Monument. For that, a notification dated 7.6.2012 specifying the conditions for holding such ceremonies was issued.
(3.)Respondent No.1 - Ashish Gautam preferred a writ petition before the High Court of Rajasthan by way of Public Interest Litigation, in which a prayer was made to issue appropriate directions about the safety and security of the wildlife in the Reserve Forest Area and further directions for restraining the use of laser lights, loud music and fireworks in the Monument. The High Court of Rajasthan transferred the matter to the NGT. By way of impugned judgment and order, the Tribunal held that the Monument is part of the forest area and directed that no permission should be granted to organise social functions like marriages, etc. and for the use of fireworks, loud music in the Monument. Hence, the appeal.
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