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Synopsis

The Allahabad High Court on Thursday granted interim protection to the 17th-century Hammam of Ali Vardi Khan, a heritage site in Agra, directing authorities to ensure its preservation. Court directed the Archaeological Survey of India (ASI) and state authorities to take immediate measures to prevent any damage to the historic monument.

The direction came in a Public Interest Litigation (PIL) filed by one Chandrapal Singh Rana. Rana sought the court’s intervention to safeguard the Hammam, located in Agra’s Chipitola area, from alleged imminent demolition by "illegal and unauthorized persons."

The bench comprising Justice Salil Rai and Justice Samit Gopal emphasized the urgency of protecting the heritage site. “The Commissioner of Police, Agra, Uttar Pradesh as well as the Archaeological Survey of India,Agra Circle, 22 The Mall, Agra, U.P and the Director of Uttar Pradesh State Archeology Chhatar Manzil Campus, M.G. Road, Kaiserbagh, Lucknow shall ensure that no damage is done to the building/monument. The Commissioner of Police, Agra shall also ensure that sufficient police force shall be deployed to protect the building/monument,” the court stated in its order.

Counsel for Rana, submitted before the court that there was an imminent threat to the heritage structure. He informed the court that despite repeated requests to the authorities and police, no protective action had been taken.

He further pointed out that the ASI had conducted a survey of the Hammam in October 2023, confirming its historical significance. The ASI’s report establishes that the Hammam was built in 1620 AD, making it over 400 years old, he told the court.

The counsel argued that under the Ancient Monuments and Archaeological Sites and Remains Act, 1958, it is the ASI’s statutory duty to protect such monuments. He urged the court to direct authorities to comply with the provisions of the Act and take immediate steps to preserve the Hammam.

The court, while granting interim relief, underscored the need for effective action to ensure the monument’s safety. It also directed the ASI, the Commissioner of Police in Agra, and the Uttar Pradesh State Archaeology Department to coordinate efforts to protect the structure.

The High Court has listed the matter for fresh hearing on January 27, 2025, before an appropriate bench. "The matter shall not be treated as tied up or part-heard by this bench," the order clarified.

Case Title: Chandrapal Singh Rana Vs. Archaeological Survey Of India And 5 Others