The court issued the order on Thursday, 26 December, after a public interest litigation (PIL) was filed by Chandrapal Singh Rana, who raised alarms about the heritage structure being at risk from “illegal and unauthorised persons.”
The Hammam, a Turkish-style building constructed during the reign of Mughal Emperor Jahangir in 1620 by Ali Vardi Khan, has recently been at the centre of controversy. Rana’s PIL alleged that certain individuals had laid claim to the site as private property and had begun demolishing parts of the structure.
In the court proceedings, the petitioner’s counsel emphasised the role of the ASI in protecting such heritage buildings under the Ancient Monuments and Archaeological Sites and Remains Act, 1958. It was argued that the ASI had a legal duty to prevent unauthorised damage to historical monuments.
The court was also informed that multiple representations had been submitted to local authorities and the police, yet no action had been taken to halt the destruction. With the threat of demolition looming large, the petitioner’s lawyer cautioned that the Hammam could be razed completely if immediate measures were not enforced, the report said.
In light of the situation, the bench, comprising Justice Salil Kumar Rai and Justice Samit Gopal, passed an order directing the ASI and the Commissioner of Police, Agra, to ensure the building’s protection.
The court’s directive read: “Considering the facts as disclosed in the petition and the circumstances of the case, the Commissioner of Police, Agra, Uttar Pradesh as well as the Archaeological Survey of India, Agra Circle, 22 The Mall, Agra, U.P, and the Director of Uttar Pradesh State Archaeology Chhatar Manzil Campus, M.G. Road, Kaiserbagh, Lucknow shall ensure that no damage is done to the building/monument. The Commissioner of Police, Agra shall also ensure that sufficient police force shall be deployed to protect the building/monument.”
The court further ordered that by 27 January 2025, the Standing Counsel for the state-respondents would report on the progress of the matter.
The case has garnered attention from heritage protection advocates, with Shad Khan and Chandra Prakash Singh representing the petitioner, and Manu Ghildyal and Manoj Kumar Singh appearing for the respective authorities, including the Uttar Pradesh State Archaeology and ASI.
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