The Allahabad High Court issued notices to the UP government, Central ministries, ASI and other authorities over the poor condition of thousands of heritage structures across the State. The Court was hearing a PIL stating that over 4,900 historic buildings in Uttar Pradesh are unprotected and on the verge of disappearance.
The Allahabad High Court has taken serious note of the poor and damaged condition of many heritage sites and old structures across Uttar Pradesh. The Court has issued notices to the Uttar Pradesh government, the Union Ministries of Culture, Tourism and Housing and Urban Affairs, the Archaeological Survey of India (ASI), the National Monuments Authority, and the State Archaeology Department regarding this issue.
The matter was being heard in a Public Interest Litigation (PIL) filed by lawyer Akash Vashishtha. The PIL raised concerns about the condition of heritage structures in several cities including Jhansi, Vrindavan, Agra, Lucknow and Hastinapur.
The Court passed its order on March 23. The division bench comprising Chief Justice Arun Bhansali and Justice Kshitij Shailendra directed the concerned departments to file their responses within eight weeks.
In the petition, Vashishtha stated that many priceless and historically important heritage sites in Uttar Pradesh are in a very bad condition because authorities have failed to protect and maintain them properly. The petition relied on data from the Indian National Trust for Art and Cultural Heritage (INTACH), a well-known national organisation working for heritage conservation.
The petition stated,
“As per the Indian National Trust for Art and Cultural Heritage, which is an institution of national repute, there are as many as 5,416 heritage/historic buildings across the state. Out of these, only 421 are being protected 212 by the Uttar Pradesh State Archaeology Department, 154 by ASI Agra, and 55 by ASI Lucknow.”
It further pointed out the alarming situation of the remaining structures and said,
“The remaining 4,995 ancient structures are in a shambles and on the verge of complete disappearance,”
The petition also stressed that these heritage structures require immediate protection and that both the State and Central governments have a legal responsibility to protect them under the relevant heritage protection laws.
It stated,
“All these heritage structures enlisted by INTACH are in dire need of protection. Both the state and the Central governments are under a mandate under the Ancient Monuments Act to protect these structures,”
The petitioner also argued that even if a structure is abandoned or not officially protected, the authorities are still legally required to protect it. He said,
“Assuming that a structure is protected but encroached, even then the encroachments are to be removed, and the monument is to be protected,”
The PIL also highlighted another major issue — many old structures such as temples, havelis, ghats and sarais that are more than 100 years old are still not included under any official protection system. Because of this, neither the State Archaeology Department nor the ASI has taken any steps to protect them, and many such structures are slowly getting damaged and disappearing.
The case highlights the serious issue of heritage conservation in Uttar Pradesh and raises important legal questions about the duty of government authorities to protect historical and cultural monuments under the Ancient Monuments law. The Allahabad High Court’s notice shows that the Court is taking the matter seriously and may pass important directions after receiving responses from the authorities.
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