Case Note & Summary
The appeal arose from a judgment of the National Green Tribunal, Central Zonal Bench, Bhopal, which imposed a blanket ban on holding social functions like marriages and using fireworks and loud music at Sisodia Rani ka Bagh, a protected monument in Jaipur, Rajasthan, declared as such in 2012. The Department of Archaeology and Museums, the appellant, challenged this ban, arguing it adversely affected state tourism and the monument's upkeep, while the respondent, Ashish Gautam, supported the ban on grounds that the monument is part of a forest area and activities should be restricted to protect wildlife. The Supreme Court considered the monument's historical and architectural significance, its use for revenue generation, and its location adjacent to the Jaipur-Agra highway. The Court noted that the monument is enclosed by a structure and does not disturb the forest area, though it may be recorded as forest. It emphasized that while environmental protection is crucial, a blanket ban is not justified; instead, specific restrictions on noise, fireworks, and laser lights, along with a beautification plan filed by the state, should be implemented. The Court directed that functions be allowed during tourist hours (8 AM to 8 PM) with strict adherence to noise restrictions and no fireworks, while also ordering beautification efforts. This balanced approach aims to preserve the monument's heritage value while promoting sustainable tourism.
Headnote
A) Environmental Law - Forest and Wildlife Protection - National Green Tribunal Jurisdiction - National Green Tribunal Act, 2010 - The Tribunal had imposed a blanket ban on social functions at a protected monument adjacent to a forest area to prevent disturbance to wildlife. The Supreme Court held that while environmental concerns are valid, a blanket ban is excessive; instead, specific restrictions on noise, fireworks, and laser lights, along with beautification plans, can balance conservation and tourism. (Paras 1-8) B) Heritage and Tourism Law - Protected Monuments - Sustainable Use - Rajasthan Monuments, Archaeological Sites and Antiquities Act, 1961 - The monument, declared protected in 2012, has historical and architectural significance and generates revenue through tourism. The Court directed that multi-purpose activities be allowed during tourist hours (8 AM to 8 PM) with strict noise and pollution controls, emphasizing the need for beautification and maintenance to promote sustainable tourism. (Paras 1-8)
Issue of Consideration
Whether the National Green Tribunal was justified in imposing a blanket ban on holding social functions like marriages and using fireworks and loud music at a protected monument situated near a forest area, or whether a more balanced approach with specific restrictions is warranted.
Final Decision
The Supreme Court modified the Tribunal's order, allowing social functions during tourist hours (8 AM to 8 PM) with strict restrictions on noise, fireworks, and laser lights, and directed beautification of the monument.
Law Points
- Environmental protection
- heritage conservation
- sustainable tourism
- judicial review of tribunal orders
- balancing competing interests
