Case Note & Summary
The petitioner, Mr. Shahid Aslam, filed a Public Interest Litigation before the Bombay High Court (Aurangabad Bench) seeking the removal of petrol pumps and other hazardous installations located within 500 meters of the protected heritage monument 'Bibi Ka Maqbara' in Aurangabad. The petitioner argued that these installations violate the Ancient Monuments and Archaeological Sites and Remains Act, 1958, which prohibits construction and certain activities within a prohibited area of 100 meters and a regulated area of 200 meters from protected monuments. The court noted that the presence of petrol pumps, LPG storage, and other flammable materials posed a serious risk of fire and explosion, endangering both the monument and the public. The respondents, including the State of Maharashtra, Archaeological Survey of India, and municipal authorities, were directed to take immediate steps to relocate the petrol pumps and ensure compliance with heritage regulations. The court emphasized the importance of preserving cultural heritage and ensuring public safety, and directed the formation of a committee to oversee the relocation process. The judgment was delivered on 24 October 2018.
Headnote
A) Public Interest Litigation - Heritage Protection - Hazardous Installations - Ancient Monuments and Archaeological Sites and Remains Act, 1958, Sections 20A, 20B - The petitioner sought removal of petrol pumps and other hazardous installations within 500 meters of Bibi Ka Maqbara, a protected monument. The court held that such installations pose a threat to the monument and public safety, and directed their relocation in compliance with the Act and Heritage Regulations. (Paras 1-10) B) Environmental Law - Right to Clean Environment - Hazardous Substances - Petroleum Act, 1934, Rules 2010 - The court considered the risk of fire and explosion from petrol pumps near a heritage site. Held that the right to life under Article 21 includes the right to a safe environment, and the authorities must ensure compliance with safety norms. (Paras 11-15) C) Administrative Law - Compliance with Statutory Regulations - Heritage Conservation Committee - The court directed the Heritage Conservation Committee and municipal authorities to take action against illegal constructions and ensure that no new hazardous installations are permitted within the prohibited area. (Paras 16-20)
Issue of Consideration
Whether petrol pumps and other hazardous installations located within 500 meters of the protected heritage monument 'Bibi Ka Maqbara' in Aurangabad should be relocated to ensure safety and preserve the heritage site.
Final Decision
The court allowed the PIL and directed the respondents to relocate all petrol pumps and hazardous installations within 500 meters of Bibi Ka Maqbara within a specified timeframe. The court also directed the formation of a committee to oversee compliance.
Law Points
- Public Interest Litigation
- Heritage Protection
- Ancient Monuments and Archaeological Sites and Remains Act 1958
- Prohibition of construction within prohibited area
- Relocation of hazardous installations near heritage sites
- Environmental safety
- Right to clean environment
