The Odisha High Court has issued notices to the Archaeological Survey of India (ASI), the State Government and the Bhubaneswar Development Authority (BDA) to explain what steps they have taken with regard to conservation of the Sisupalgarh Fort, an ancient site of great historical importance, on the outskirts of the capital city.
The notices were issued by a Division Bench comprising Chief Justice AK Goel and Justice AK Rath in response to a PIl filed by rights activist and lawyer Prabir Kumar Das seeking the court’s intervention in ensuring that the State and the Central Governments take necessary steps to protect and preserve the Sisupalgarh Fort and the fort settlement by acquiring the occupied land from private persons, demolishing illegal constructions and undertaking the 2,000-year-ancient fort’s conservation and development works.
Das in his petition has raised concern over the fact that the ruins of Sisupalgarh, which were excavated way back in 1947 by eminent archaeologist BB lal and are considered to be the first instance of a planned settlement after Mohenjodaro-Harappa, faces serious threat from illegal building activities.
Referring to Article 49 of the Constitution which mandates that it is the obligation of the State to protect every monument of historical interest and of national importance and Article 51A (f) which mentions that it shall be the duty of every citizen to value and preserve the rich heritage of “our composite culture”, Das has appealed to the High Court to intervene in the matter in view of the apparent failure of the State to discharge its obligations and duty ordained by the Constitution.
Stating that the ASI had declared a 562.68-acre area around the site as a monument of national importance, Das has stated that only 0.77 acres of this land now remains under the ASI’s control and expressed fear that the land which houses the monolithic pillars of Sisupalgarh which is allegedly owned by a private person may soon pass into the hands of real estate developers “With more than 1,000 buildings inside the fort area violating the norms of the Ancient Monuments and Archaeological Sites and Remains Act (Amendment and Validation) Act, 2010, there has been no action taken by the State Government and the ASI to stop illegal activities in the past.” the petition said.
“It is a practice all over the country that the State Governments acquire lands near the monuments of national importance and provide them to the ASI for conservation. But in Odisha, it is not happening. Since 1990, on more than 25 occasions the ASI officials have approached the State Government to provide land so that conservation activities and development of a horticultural patch around the pillars can be undertaken. But no step has been taken to free the land from private occupation,” the petition further mentioned.
The State Government issued a notification in 2000 saying no conversion from agricultural land to homestead would be allowed. Moreover, a notification was issued in 2006 to ban housing in the protected area. But again, no action was taken to demolish the illegal structures and enforce the ban, Das pointed out.He has prayed to the court that the State’s Revenue and Culture Departments and the ASI also be directed to take both preventive and remedial steps in this regard under its direct monitoring in view of the “colossal public interest that animates this matter and the huge nuisance making potential of the vested interests who are expected to make all-out efforts to obstruct, destabilise and neutralise the actions of the State Government and the ASI.
No conservation and development proposal can materialise unless the State Government takes requisite steps to reclaim the lands and demolish the illegal structures dotting the Sisupalgarh Fort settlement, Das’ petition said.
