RAJIV SAHAI ENDLAW, J. - (1.) THIS petition, by an advocate, filed as a Public Interest Litigation (PIL), seeks a direction to the Union of India (UOI) through the Secretary, Ministry of Culture and to the Archaeological Survey of India (ASI) to provide financial, technical and other assistance necessary to preserve, protect and maintain the articles belonging to Dr. Baba Saheb Bhim Rao Ambedkar kept at Shantivan, Nagpur, a private museum.
(2.) IT is the case of the petitioner, i) that the said private museum has been set up by the respondent no.5 Indian Buddhist Council on land ad -measuring 11.36 acres, in Chicholi, Nagpur, Maharashtra; ii) that the said respondent no.5 sought assistance from the Central Government for preservation and maintenance of articles belonging to Dr. Ambedkar exhibited in the said museum; iii) that the Minister of Culture and Tourism in the year 2008 requested ASI to take appropriate steps; ASI informed the respondent no.5 that it was unable to provide any funds for maintenance of the articles in a private museum; and iv) that the respondent no.5 also approached the respondent no.4 Nagpur Improvement Trust and the respondent no.3 Dr. Ambedkar Foundation in this regard but to no avail.
(3.) THOUGH the petition is filed in public interest but the petitioner, in the list of dates accompanying the writ petition, has mentioned that this petition has been filed pursuant to a letter dated 23rd August, 2014 of the Treasurer of the respondent no.5 to him, seeking assistance in the matter. The learned ASG appearing on advance notice stated that as far as the provisions of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 are concerned, the same are applicable to sites, monuments, artifacts more than 100 years old and the subject artifacts do not qualify to be considered under the said Act. It is further stated that the petitioner ought to approach the State Government for the relief required, as the State Government alone would have jurisdiction over the matter. It is further stated that considering the reverential position of Dr. Ambedkar, the ASI had vide its letter dated 2nd January, 2014 to the respondent no.5 Museum offered technical assistance for preservation but no response was received thereto.;