Allahabad HC issues notices to U.P. Government, Central Ministries, ASI over dilapidated heritage structures

Taking note of the dilapidated condition of various heritage sites and structures across Uttar Pradesh, the Allahabad High 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.

The court was hearing a public interest litigation filed by lawyer Akash Vashishtha on the condition of heritage structures at various places, including Jhansi, Vrindavan, Agra, Lucknow and Hastinapur.

In its order dated March 23, the division Bench comprising Chief Justice Arun Bhansali and Justice Kshitij Shailendra directed the departments concerned to respond within eight weeks.

In his petition, Mr. Vashishtha argued that some of the most priceless heritage sites and structures in the State were crumbling due to the abject failure of public authorities to protect them.

“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.” “The remaining 4,995 ancient structures are in a shambles and on the verge of complete disappearance,” the PIL said.

“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,” it said.

The petitioner further submitted that whether a heritage structure is lying abandoned or unprotected, it is to be protected under the law. “Assuming that a structure is protected but encroached, even then the encroachments are to be removed, and the monument is to be protected,” he said.

The petition argued that, in addition to the recognised monuments, numerous structures such as temples, havelis, ghats, and sarais, which are more than 100 years old, fall outside the protection regime. Neither the State Archaeology Department nor the ASI has proposed any kind of protection for them, it added.