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Supreme Court adjourns appeal against Gujarat High Court order on Vadodara palace

“Every building can’t be declared a national monument,” said the Supreme Court while adjourning a plea against a Gujarat High Court order rejecting a PIL seeking a restraining order against the construction of any building on the gardens or the area in front of the Pratap Vilas Palace, Vadodara or at any place that would obstruct the view and ambience of the palace or its gardens.

Before the high court, Heritage Trust, the petitioner, had prayed for directions to the respondents i.e. the Union of India through Ministry of Railways, Rail Vikas Nigam Limited (RVNL), National Academy of Indian Railways (NAIR) and State of Gujarat, Ministry of Tourism.

On Monday, the Supreme Court bench of Justices J.K. Maheshwari and Vineet Saran heard the matter. The petitioner’s counsel submitted, “This entire 55 acres along with building part of heritage of larger citizenry. No significance having rail there itself.”

The bench inquired from the petitioner’s counsel that whether the issue was raised before the High Court? The counsel said the issue was already raised there.

He argued,

“You have to in a situation like this since architectural significance to exercise our rights on notification coming in, question is 100 m of what here whole precinct is protected (Vadodara palace) 100m zone from boundary wall not it,”

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The bench noted,

“Every area being in protected area of monument it says, is it protected monument. First, you have to say what is alternate argument when not declared protected. Three crucial things, see if alternative space there given heritage, case will only come in then, and if 100m protection is to be seen.”

The matter would now be heard after 2 weeks.

The second relief claimed is for appropriate directions commanding the respondents to take necessary steps to construct the proposed building at an alternative place which will not obstruct the view or ruin the ambience of the Pratap Vilas Palace, Vadodara or its gardens.

It is next prayed that an appropriate direction be issued to the respondents to take all steps that are necessary for protecting and preserving the Pratap Vilas Palace, Vadodara and its precincts.

Lastly, it is prayed that pending the hearing and final disposal of the petition, the respondents be restrained from taking any further steps towards constructing a building on the gardens or in the area in front of the Pratap Vilas Palace, Vadodara, or at any place which may obstruct the view or ruin the ambience of the palace or its gardens.

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According to the plea, the Pratap Vilas Palace is a 106-year-old historical and architectural landmark of the city of Vadodara (earlier Baroda) and of Gujarat. The significance of this heritage property is from varied points of view: historical, cultural, architectural, artistic and ecological. The palace was built by Maharaja Sayajirao III Gaekwad, the great reformist ruler who ruled from 1875 to 1939. Upon his passing away in 1939, Pratapsinhrao Gaekwad became the 14th and last Maharaja of the State of Baroda. The palace is named after the last Maharaja of Baroda (whose family had lived in the palace for many years). He was crowned as king from the balcony of the Palace.

Pratap Vilas Palace is Vadodara’s 2nd largest palace. It is designed in the Indo-Saracenic style of architecture (a blend of Indian and European architectural styles) and is lined with Italian marble. The palace is built in the Renaissance and Baroque styles of architectural influences with columns and arches drawn from South, Central, North Indian and Islamic traditions. The facade flaunts a dome clad entirely with copper. The grandeur of the palace is further emphasized by the ornaments used to embellish the structure i.e. classical traits such as pediments, semi-circular arches, lantern-like elements, balustraded railings, ionic columns and domes. The palace was designed by well-known British architect Charles F. Stevens, whose two other buildings along with the iconic buildings of the Bombay High Court, the University of Mumbai, Victoria Terminus and Crawford Market form part of a UNESCO World Heritage Site ‘Victorian and Art Deco Ensemble of Mumbai’.

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The high court had dismissed the plea and had held, the doctrine of public trust may not be applicable in the present case inasmuch as the property in question is owned by the Indian Railways and it is not a natural resource. The Railways through its various commitments and declarations has assured to protect its heritage. Such declaration is again reiterated in the affidavits-in-reply to maintain and protect and preserve Pratap Vilas Palace. The construction of the new academic block building in no manner damages or affects the building of Pratap Vilas Palace. The case-laws on the above point shall be dealt with at a little later stage. In this time we cannot ignore financial burden on the State Exchequer or for that matter the Indian Railways. If the Railways has lands available with it and it may only require expenditure to be incurred for construction of the building, a huge amount of money could be saved. Further delay in any project enhances the estimated cost and therefore also would result into unnecessary additional burden on the State Exchequer or the Indian Railways which is an integral part of the State. These factors cannot be completely ignored while considering the present petition.

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