JUDGMENT 1. - This writ petition has been filed with a prayer that the un-authorised constructions/encroachments, which have been made on the city wall, be removed. The Jaipur city is having about 10 ft. wide city wall and as per notification dated 16.12.1946, Building Bye-laws were framed by the Jaipur City Municipal Council. In Clause 21 of the said Bye-laws, it is provided that 'except with the special permission of the Municipal Council no new pucca and kuccha building shall be allowed to be constructed within 15 ft. of the city wall.' Subsequently, by notification dated 16.9.1968, published in Rajasthan Gazette on 12.12.1968 issued under Section 3(4) of the Rajasthan Monuments, Archaeological Sites and Antiquities Act, 1961, city wall of Jaipur city including all the gates was declared as public monument. Infact, this notification was that the city wall and the gates are to be protected as the monument and no person can encroach or construct or demolish such a monument. Under Section 22 of the Act, no person including the owner or occupier of the protected area shall construct any building within the protected area, or carry on any mining quarrying, excavating, blasting or any operation of a like nature in such area, or utilise such area or any part thereof in any other manner without the permission of the State Government. Under sub-section (2) of Section 22, it is provided that the State Government may, by order, direct that any building constructed by any person within a protected area in contravention, of the provisions of sub-section (1) shall be removed within a specified period and, if the person refuses or fails to comply with the order, the Collector may cause the building to be removed and the person shall be liable to pay the cost of such removal. The penalties and punishment have also been provided for contravention. 2. Under Article 49 of the Constitution of India, it is provided that 'it shall be the obligation of the State to protect every monument or place or object of artistic or historic interest, declared by or under law made by Parliament to be of national importance, from spoilation, disfigurement, destruction, removal, disposal or export, as the case may be. It was under this entry that the said Act of 196 was framed. It was under this entry that the said Act of 196 was framed. Under Article 51-A(f) it is provided that it shall be the duty of every citizen of India to value and preserve the rich heritage of our composite culture. Article 51 -A(i) further provides that it shall be the duty of every citizen of India to safeguard pubic property and to abjure violence. Under Section 92 of the Rajasthan Municipalities Act, 1959, a duty has been casted on the Municipal Council to protect all public city or town walls, gates, markets, slaughter houses etc. An obligation has also been casted under Section 98(g) to remove obstructions and projections in public street or places and in space, not being private property which are open to the enjoyment of the public, where such spaces are vested in the Board or belong to the State Government. 3. Number of news were printed in the news paper that the encroachment is being made on public wall, but no action was taken by the respondents and accordingly the present writ petition was filed. By order dated 18.5.1990 it was directed that no construction and demolition shall take place which will adversely effect the notification dated 7.11.1968 (correct date being 16.9.1968) published on 12.12.1968 in Rajasthan Rajpatra and the respondents were directed to remove all un-authorised constructions from the city wall and to maintain the city wall in its original beauty and design. 4. By order dated 11.2.1991, the Administrator, Municipal Council was directed to file an additional affidavit on the following points:- "(i)who were the persons responsible/accountable to check un-authorised construction in the area of Bapu Bazar and Nehru Bazar at the relevant time when those constructions were made? (ii) what action has been taken by the Municipal Council against those persons for not performing their duties and taking action in time or whether there is any action under contemplation against those persons responsible for allowing the un-authorised construction in the area? (iii) What steps has been taken by the Municipal Council for getting the stay order vacated in the Civil cases pending in the civil Court with regard to the constructions made in the Bapu Bazar area and Nehru Bazar area which are the subject matter in this writ petition?" 5. Mr. (iii) What steps has been taken by the Municipal Council for getting the stay order vacated in the Civil cases pending in the civil Court with regard to the constructions made in the Bapu Bazar area and Nehru Bazar area which are the subject matter in this writ petition?" 5. Mr. S.M. Mehta submits that the affidavit complying with the directions dated 11.2.1991 was filed on 4.7.1991 (of which a copy shall be filed by Mr. Mehta within 3 days). 6. On 15.1.1992, it was directed that the respondents will not give any permission for construction on the first floor and with regard to the construction already made it was observed that it will be considered while finally disposing of the writ petition after receipt of the report of one-man Commission. The report of the'Commissioner headed by Mr. H.M. Mathur has already been placed on record. 7. On 2.10.1992 a restrain order restraining the Administrator, Municipal Council, Jaipur, its servants, agents and contractors was issued from raising any construction against the aforesaid notification including any part of the city wall or within 15 ft. of the city wall in violation of the bye-laws. The Commissioner Mr. P.K. Sharma, Advocate was appointed as Commissioner along with Senior Town Planner to give report as to whether any part of the city-wall has been demolished or being used for shops in Sanjay Market as per the scheme approved or otherwise and as to whether in the scheme or otherwise the construction of the shops has been envisaged within 15 ft. of the city wall and whether any constructions have taken place within 15 ft. of the city wall and are in progress and if so, the stage. The report was submitted and by order dated 18.12.1992 it was found that 167 shops have been constructed out of proposed 175 shops where the construction have been carried on in violation of the Bye-laws of the Municipal Council, Jaipur. It was also found that some part of the (Archaes) city wall has been utilised in the construction of the shop and the city wall is being used as the back wall of the shops. The Court came to the conclusion that this is violation of the notification declaring the city wall as monument. It was also found that some part of the (Archaes) city wall has been utilised in the construction of the shop and the city wall is being used as the back wall of the shops. The Court came to the conclusion that this is violation of the notification declaring the city wall as monument. Since the shops have already been constructed and allotted, it was considered proper that demolition of the market would not be in the national interest. It was observed that the State Government may however consider the amendment of the Bye-laws to regularise the market already constructed. The Order dated 22.10.1992 was vacated to the extent of 167 shops already constructed. 8. Mr. Mebta appearing on behalf of the Municipal Corporation submits that there are certain constructions which have been carried on since last more than 50 years and even the shops and other structures were made before coming into force of Municipal Bye-laws, Jaipur. It is also submitted that the matter with regard to construction of 167 shops has already been considered by this Court and appropriate orders have been passed. It is true that if the constructions have been made prior to the coming into force of Jaipur City Municipal Bye-Laws, then it cannot be considered that there is violation of Clause 21 of the said Bye-Laws. But if after coming into force of the Bye-laws any constructions have been made within 15 ft. of the city wall, it could have been permitted by the Municipal Council by way of special permission. If there is any special permission, there is no problem, but if there is no permission at all then it would be considered to be the illegal construction violating Clause 21 of the said Bye-laws. After the above notification was published in the Rajasthan Gazette, the city walls and the gates have been declared as Monuments and have to be preserved. By issuing the notification on 16.9.1968 the city walls and the gates have been declared as public monument and neither there could have been any construction, alteration, demolition etc. It has been pointed out that the construction of markets by the State Government even after this notification should not effect the right of the State Government or persons to whom the shops have been allotted with regard to the construction which the Government has raised. It has been pointed out that the construction of markets by the State Government even after this notification should not effect the right of the State Government or persons to whom the shops have been allotted with regard to the construction which the Government has raised. I consider that it will be in the interest of public that no directions are given so far as shops already constructed and allotted in these markets near the city wall contrary to the above two notifications. The other Government buildings which have been constructed shall also not be effected by the directions which are given in this order. 9. Any construction other than referred to in para above by any individual cannot be considered to be in accordance with law. The Municipal Council has submitted a list of various un- authorised constructions made by the individuals. It is really surprising that, such un-authorised constructions were allowed to be carried on. The officers of the Municipal Council are responsible for it. The Mayor, Municipal Corporation now shall constitute a committee which would enquire the lapses on the part of its officers during the tenure of which such illegal constructions have been carried on. Those officers would be made personally responsible and action would be taken against such officers in accordance with law. 10. So far as illegal constructions are concerned, Section 203 provides for prosecution and it was appropriate for the Municipal Council (now Municipal Corporation) to prosecute such persons. If the prosecution proceedings have already been taken in accordance with Section 203 of the Municipalities Act, then it is al-right, otherwise the Municipal Corporation shall now file the complaints against those persons who have illegally constructed any portion (which is not constructed by the State Government). The steps for demolition of such illegal constructions in accordance with the provisions of Section 98(g) of the Municipalities Act, 1959 shall be taken by the Municipal Corporation. It is pointed out that certain persons have already obtained the stay order from the Court. The steps would be taken for expediting the disposal of such cases, and applications would be moved to the respective Courts along with a copy of this order so that the matter may not remain pending un-necessarily for a longer period. 11. It is pointed out that certain persons have already obtained the stay order from the Court. The steps would be taken for expediting the disposal of such cases, and applications would be moved to the respective Courts along with a copy of this order so that the matter may not remain pending un-necessarily for a longer period. 11. The Municipal Corporation shall also issue a notification in atleast two local news papers informing the public that in accordance with the notification dated 16.9.1968 the city wall has been declared as a public monument and that in accordance with the Bye-laws of the Municipal Corporation, Jaipur, no person can make any construction within 15 ft. from the city wall. If such construction has already been made, it shall be removed forthwith and if any construction is made in future, prosecution will be done of such person. The un-authorised constructions referred to above shall include even the construction on first floor. 12. The writ petition accordingly stands disposed of with the above directions.Order accordingly. *******