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Synopsis

In the Public Interest Litigation raising the issue of preservation of the protected monuments situated in and around the city of Lucknow, the Allahabad High Court recently directed the State Government as well as the city Municipal Corporation to submit an affidavit of the steps taken to remove the encroachments/streamline the civic condition and protect the monuments.

The bench of Justice Attau Rahman Masoodi and Justice Om Prakash Shukla also sought details of the meeting, if any held, of the Committee constituted by the high court in 2013 under the chairmanship of the Commissioner, Lucknow Division, Lucknow with the Registrar of the High Court Bench at Lucknow to act as its convenor for taking action not only for identifying the illegal constructions and encroachments but also for its removal and protection of the monuments in Lucknow.

The division bench directed the Senior Registrar of the High Court Bench at Lucknow to submit a report as to the progress of the meetings, if any held, within a period of two weeks from the date of the order i.e. September 19, 2023. 

In July, another division bench had noted that as per the affidavit submitted by the Archaeological Survey of India (ASI), there are 364 such sites in Lucknow. 

The ASI had submitted before the court that it is primarily the State Government that is required to act as the executing arm for removal of the alleged encroachments and even for taking restorative work regarding the protected monuments and the ASI would act as a supervising authority.

The high court had then ordered the State Government to file a fresh affidavit bringing on record the current status of the Committee constituted by the high court in 2013 as to what deliberations had taken place in the said committee meetings and what action had been taken over the past years.

Through the order dated July 17, 2023, while listing the matter for further hearing in September, the high court had also ordered the State Government to indicate with sufficient particularity all as to what it had done to preserve the protected monuments and also to keep them free from alleged encroachments.

Now, the matter will be next heard in the week commencing October 16, 2023.

Case Title: Syed Mohammad Haider Rizvi v. Union Of India Thr.Secy.Deptt.Of Culture New Delhi And Others