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Director, Department of Archaeology and Museums, Jaipur v. Ashish Gautam

Civil Appeal · 2020 INSC 394Decided 11 May 2020
Civil Appeal No. 4070 of 2016
Justice Arun Mishra · Justice S. Ravindra Bhat

Background

"Sisodia Rani ka Bagh," a historic 18th-century monument and garden near Jaipur, had long been used for hosting weddings and functions with music, lighting and fireworks, generating revenue for its upkeep. Respondent Ashish Gautam filed a public interest case seeking protection of wildlife in the adjoining forest area, leading the National Green Tribunal to impose a blanket ban on holding any functions, fireworks, laser lights or loud music at the monument. The Department of Archaeology appealed against this total ban.

Decision Breakdown

The Supreme Court held that a complete ban was excessive, since the monument is an enclosed, walled heritage structure adjacent to a highway and its use for appropriate functions supports tourism and its own maintenance without seriously disturbing the forest. The Court modified the Tribunal's order to permit multi-purpose activities only between 8 AM and 8 PM, while permanently banning laser lights, loud music and fireworks, and directing proper staffing, maintenance of fountains, and appointment of a consultant for further beautification. The appeal was allowed in part, with the Court retaining supervisory jurisdiction to monitor the beautification plan.

Lesson Learnt

Courts try to balance environmental/wildlife protection against the practical and economic value of heritage sites, often preferring calibrated restrictions (like time limits and noise/light bans) over an outright shutdown of legitimate public use.

Official source (sci.gov.in)View Judgment (PDF)

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