Did Authorities Illegally Demolish Ancient Gates in Datia? Supreme Court Demands Answers

The Supreme Court on Wednesday, September 25, directed the Collector and the Chief Municipal Officer of Datia, Madhya Pradesh, to file affidavits addressing allegations of the illegal demolition of ancient gates that formed the outer fortification surrounding the Rajgarh Palace in Datia city. The court also mandated that the affidavits include proposed measures for the restoration and repair of these historic gates within four weeks.

A bench comprising Justice BR Gavai, Justice Prashant Kumar Mishra, and Justice KV Viswanathan issued these directions while hearing an application seeking action against the authorities for allegedly violating a previous Madhya Pradesh High Court order dated January 23, 2018, which prohibited the demolition of the gates.

Court’s Directive on Restoration

The bench noted, “Respondent No.1 and Respondent No.2 shall file an affidavit, within four weeks, addressing the averments made in the application(s). The affidavit must also outline the steps proposed for the restoration and repair of the ancient gates.”

The application accused the authorities of willful disobedience of the High Court's order, which barred the demolition of any historic gates (phataks) in Datia. Despite this, it was alleged that the Richhra Phatak and Bhanderi Phatak were unlawfully demolished on September 14, 2024, during a weekend when the Supreme Court was not in session due to the Eid holiday on September 16, 2024.

Allegations of Contempt

The application further claimed that the demolitions were conducted with earthmovers and bulldozers, knowingly violating ongoing judicial proceedings. It was stated that earlier demolitions had already partially damaged the gates, and as a result of these actions, only four of the original six gates in Datia remain standing.

In response, the respondents' counsel argued that the gates were not deliberately demolished but had collapsed due to heavy rain, resulting in seven fatalities under the debris. The authorities maintained that they had to clear the debris to recover the bodies. Justice BR Gavai, however, questioned the adequacy of steps taken to preserve the gates, remarking, “You should have strengthened them. Why did you permit it to fall down?”

Historical Background and Legal Proceedings

The fortification of Datia, including the gates, was constructed by the erstwhile King of Datia between 1810 and 1828. The fortification includes the Veer Singh Palace, which is protected under the Ancient Monuments and Archaeological Sites and Remains Act, 1958, and the Madhya Pradesh Ancient Monuments and Archaeological Sites and Remains Act, 1964.

In 2017, the Municipal Council of Datia passed a resolution to demolish parts of the fortification for the construction of a ring road and commercial spaces. This prompted the petitioner to approach the Madhya Pradesh High Court seeking protection for the gates. The High Court’s 2018 order, based on an undertaking by the Municipal Council, assured that the gates would not be harmed. It also directed the Archaeological Survey of India to consider the petitioner's request to declare the fortification a protected monument.

Despite these protections, the petitioner alleges continued violations by the authorities. A contempt petition was filed in the High Court, but it was dismissed in 2022, with the court accepting the respondents' claim that the gates had collapsed due to natural wear and tear rather than intentional demolition.

Current Legal Status

Following the dismissal, the petitioner approached the Supreme Court, which issued a notice on the Special Leave Petition (SLP) in August 2022. The present interim application has been filed within this SLP, emphasizing that the authorities have acted in disregard of court proceedings. The application referenced a local newspaper report from August 2024 that discussed the planned demolition of the gates to make way for a new road.

The respondents countered these claims, attributing the damage to natural causes and asserting that they had sought permission for repairs. However, the petitioner maintained that the recent demolitions contradict these statements.

Appearances

For Petitioner: Mr. Yashraj Singh Deora, Sr. Adv., Mrs. Yugandhara Pawar Jha, AOR, and others.

For Respondents: Mr. S. Nagamuthu, Sr. Adv., Mr. Pashupathi Nath Razdan, AOR, and others.

Case No.: Special Leave To Appeal (C) No. 13797/2022

Case Title: Ram Kumar Itoriya v. Sanjay Kumar and Ors.

The Supreme Court's directives mark a significant step in addressing the alleged violations concerning the historical gates of Datia, emphasizing the need for accountability and preservation of heritage structures.