While most of us are certainly aware of the degradation of Chittorgarh Fort that has been in the news for a very long time but many are still blissfully unaware of it. For the uninitiated, it must be mentioned here that initially a Public Interest Litigation (PIL) seeking some measures to contain the degradation was initiated in 1999.
We then witnessed how the PIL was filed in 2011 by the respondents against the Union of India and others which was aimed to safeguard Chittorgarh Fort by prohibiting blasting within a 10-km radius and simultaneously also restraining the Mining Department from granting leases within the same radius and prohibiting open blasting. The resolution of the petition considered responses from contesting parties and government departments addressing the core question of impact of blasting on the Chittorgarh Fort. While taking the lead, it was Birla Corporation (Respondent No. 20) filed a petition before the Supreme Court.
In this context, it may be noted that the Supreme Court in a most learned judgment titled Birla Corporation Limited Through Its Managing Director vs Bhanwar Singh And Others in S.L.P. (C) No. 21211 of 2012 and cited in Neutral Citation No.: 2024 INSC 35 that was pronounced as recently as on January 12, 2024 in the exercise of its civil appellate jurisdiction has issued a slew of commendable directions to conduct a comprehensive study on the ever lasting impact that the blasting activities for limestone extraction has on such a historic Chittorgarh Fort and adjoining areas.
At the very outset, this robust judgment authored by a Bench of the Apex Court comprising of Hon’ble Mr Justice Sanjiv Khanna and Hon’ble Mr Justice SVN Bhatti sets the ball in motion by first and foremost putting forth in para 1 that, “The Chittorgarh Fort represents the quintessence of a tribute to nationalism, courage, medieval chivalry, and sacrifice exhibited between the seventh and the sixteenth centuries by several rulers, like the Mewar rulers of Sisodia, their kinsmen, women, and children.
The Chittorgarh Fort has weathered and withstood many battles and has been a witness to the power and pride of the kings who occupied the Fort. The history is replete with brave, extraordinary and indomitable courage exhibited by the rulers and occupants of the Fort.
1.1 The Chittorgarh Fort is a notified monument under the Ancient and Historical Monuments and Archaeological Sites and Remains (Declaration of National Importance) Act, 1951 and the Ancient Monuments Archaeological Sites and Remains Act, 1958, and also a notified UNESCO World Heritage Site. The Fort attracts tourists from far and near for sightseeing and to look at the tall and strong structures on the hilltop of Chittorgarh, evidencing the grit and ability to withstand all adversities. Despite the passage of centuries, from the time of construction, the Chittorgarh Fort retains some significant, world-class structures, including the Vijay Stambh, Kirti Stambh, Padmini Palace, Kumbha Palace and Meera Mandir.”
Most significantly, the Bench propounds in para 24 that, “In the preceding paragraphs, we have noticed other contributory circumstances viz. negligence causing deterioration to the structures in Chittorgarh Fort. Monkey menace, human/tourist footfall, unwanted vegetation growth, and the defacing of statues are a few factors recorded in the report dated 30.09.2014 that are contributing to the deterioration of the Fort.
The extent of damage to the monument is a serious question. So, the prevention of damage from any such collateral activities must be simultaneously addressed by the State Government of Rajasthan and the ASI. Therefore, through this order, a three-pronged study and action plan are implemented. Hence, the following directions:-
24.1 The recommendations in the Report dated 30.09.2014 which are directed against ASI and the State of Rajasthan are implemented within two months from the receipt of this Order. For the said purpose, we direct the Union of India, through the Director General, ASI, to file a compliance report on the deficiencies noted in the monument’s maintenance, steps initiated and progress made by the next date of hearing. 24.2 Respondent No. 8 is directed to ensure strict implementation of the Solid Waste Management Rules, 2016 and to take all steps necessary to control the monkey menace and the sources of unauthorised littering in the entire Fort and the neighbourhood.
Respondents Nos. 8 and 12 are directed to issue orders within four weeks from today to the local self-government for the said purpose and the implementation of the directives, is monitored by the regional office of Rajasthan State Pollution Control Board (RSPCB). All the steps needed to implement Solid Waste Management Rules, 2016, are completed within four weeks from today. A report on periodic monitoring and the progress made is filed by Respondent No. 12 for and on behalf of Respondent No. 8. The above takes us to the crux of the controversy in the SLPs.
24.3 We declare and hold that notwithstanding any liberal recommendation on undertaking blasting operations nearer to the Chittorgarh Fort, keeping in perspective the continuous exposure of ancient monuments to peak particle velocity (PPV) arising from blasting, a radius of five kilometres from the compound wall of the Fort shall not be subjected to mining by blasting or use of explosives for mining of any minerals. In other words, the manual/mechanical mining operations permitted within a radius of five kilometres are allowed to be continued, subject to the lessees possessing a valid lease in accordance with law.
24.4 To undertake the study of environmental pollution and impact on all the structures in the Chittorgarh Fort from the blasting operations beyond a five-kilometre radius, the Chairman, Indian Institute of Technology (Indian School of Mines), Dhanbad, Jharkhand [IIT (ISM)- Dhanbad] constitutes a team of multi-disciplinary experts in civil engineering, earthquake engineering, structural geology and mining engineering, within two weeks from the receipt of a copy of this order and communicates it to the chief engineer of the RSPCB and the Petitioner herein. The chief engineer of the RSPCB shall be the member secretary of the Expert Committee.
24.5 We reiterate the terms of reference already formulated for the study as well, now ordered by this Order, the terms read thus:
- Whether blasting, including the cumulative effect of blasting beyond a specified distance, has any impact whatsoever upon the structure of the Fort?
- What appeared to be the causes that have led to cracks and other damage caused to the Fort, other than ageing simplicitor?
- Whether the uncontrolled access to tourists has any adverse impact upon the structure, and if so, any suggested steps to regulate this activity.
- Whether the activities within the colony situated in the Fort as well as the flow of traffic, including heavy traffic in the vicinity of the Fort, have any adverse consequences upon the structural integrity of the Fort, and if so, the suggested measures to deal with the problems.
- General recommendations on the steps to be taken to restore the structural integrity, to repair the cracks, and generally ensure that no damage in the future is caused to the structural integrity.
- A comprehensive Environmental Impact Assessment (EIA) covering all kinds of pollution—air, ground water, noise, etc., by the complete cycle of mining activities, including its transportation.
24.6 With the passage of time, technological innovations have taken place and are kept in perspective by the Committee for carrying out the proposed study. The Committee, in addition to the terms of reference, keeps in perspective, the framework of baseline data collection, advanced remote sensing techniques, advanced survey techniques, seismic monitoring and vibration analysis, geological and geotechnical investigations and structural analysis, as may be applicable to the study. The study shall be carried out for four months from the date of commencement and the blasting activities are allowed to be undertaken during the study period.
24.7 Respondent No. 8 is directed to prepare the list of the leaseholders beyond five kilometres and within a ten kilometres radius and furnish the details of lessees who desire to operate by blasting to the Committee.
24.8 The statement of the Petitioner is accepted that in the proposed study, the Petitioner uses an electronic blasting system, and the explosives used for delay shall not exceed the quantity suggested in the Report of Ministry of Coal and Mines, Indian Bureau of Mines, Mining Research Cell.
24.9 Similarly, any other lessee proposing to undertake mine blasting shall furnish complete data of the mining operations to Respondent Nos. 8 and 12, who would, in turn, pass on the information to the Committee constituted to study the impact of blasting operations from those sites as well.
24.10 Respondent No. 8 ensures that no other lessee undertakes mine blasting operations except the lessees notified to the Committee.
24.11 The hillock and Nimbahera limestone, a geological formation, have existed for ages. The structures on the hillock do not wither away willy-nilly on mineral extraction.
24.12 Respondent Nos. 8 and 12 are authorised to direct stopping of blasting operations if the study at any place results in unexpected damage to the structures in the Fort without waiting for the orders of this Court.
24.13 The Petitioner/Birla Corporation Limited defray all the expenses for carrying out the above study by the committee constituted in terms of this Order.
24.14 In the event of any exigency or urgency, the parties are given liberty to move the Court for directions.
24.15 The Committee files its Report on or before July 5th 2024.”
Finally, the Bench then concludes by holding in para 25 that, “Post on July 9th, 2024.”
In sum, there can be no gainsaying that these most commendable slew of historic directions that have been issued so earnestly and sagaciously by the Apex Court must be implemented at the earliest as so commendably directed in this leading case. It also merits no reiteration that this will go definitely a long way in containing the damage further that blasting activities has caused to the Chittorgarh Fort and its adjoining regions. No denying!
Sanjeev Sirohi, Advocate,
s/o Col (Retd) BPS Sirohi, A 82, Defence Enclave,
Sardhana Road, Kankerkhera, Meerut – 250001, Uttar Pradesh
