Devinder Gupta ( 1 ) THIS is a public interest litigation in which the petitioner has claimed a direction against the respondents to withdraw, cancel and rescind all permissions and sanctions granted by them for the construction of the T. V. Tower, T. V. Centre or T. V. Township, adjacent to the Taragarh Fort. In District Bundi Rajasthan and to demolish or cause to be demolished the construction of T. V. Tower already carried out adjacent to Taragarh Fort. Further direction has been sought to appoint and constitute an Expert Committee to go into the entire gamut of any future acts of deforestation, or urbanisation and acts prejudicially affecting objects and places of national heritage and to maintain ecological and environmental discipline and to preserve national heritage, culture and archaeology. ( 2 ) PETITIONER No. 1 claims to be a society registered under the Societies Registration Act. The arms and objects of the society, inter alia, are to protect and preserve monuments, buildings, artefacts, conservation areas and precincts, of cultural, historical, social, aesthetic, architectural and archeological value having made valuable contribution in reclaiming, restoring, preserving, renovating and maintaining, places and objects of national heritage and culture in the country. Similarly. petitioners 2 and 3 also claim to be interested in actively pursuing and promoting the objectives of petitioner No. l society. ( 3 ) IT is claimed that Bundi. which is situated about 30 km from Kota is a town with valuable cultural heritage It is famous for its miniature paintings which abound in devotional themes. Raslilas, Court and War scenes and animals, and are notable for their intensity and rich colourings. Bundi s environment are prominent in landscaping It is one of dense vegetation are and is reminiscent of the legends connected with the chivalry of the Rajput Warriors and heroism of the Hada Ranis. It was once considered to be a holy city and is dotted with hundreds of small temples. Its kings were great patrons of learning and Bundi was known as Chhoti Kashi (mini Banaras) in the past. Baolis and Kunds of Bundi are constant source of delight Bundi is called a city of stepwells Bundi. It was once considered to be a holy city and is dotted with hundreds of small temples. Its kings were great patrons of learning and Bundi was known as Chhoti Kashi (mini Banaras) in the past. Baolis and Kunds of Bundi are constant source of delight Bundi is called a city of stepwells Bundi. because of its arehitectural scenic and environmental beauty and its historical and cultural heritage, has an unmense potential for tourism It is stated that when one talks of places like Jaipur, Udaipur, Jodhpur and Chittor, Bundi come readily to the mind. It is however the little known Hadoti belt comprising of Bundi, Kota and Jhalawar in Rajasthan which is perhaps, both historically and culturally much more fascinating Bundi is abounding in its architectural beauty art. craft and religious, historical and cultural heritage ( 4 ) ACCORDING to the petitioner the presence of a concrete monster of the TV Tower protruding and rising behind the famous Taragarh Fort Bundi would mar the entire architectural, historical. scenic and environmental beauty of cherished Bundi which will be lost as a cultural heritage, and as a potential place of tourism development ( 5 ) IT is alleged that respondent No 1 put up a proposal for setting up a 175 Mtrs. T V Tower on the top of Taragarh hill adjacent to the Taragarh Fort at Bundi and also to set up T V. Centre and subsequently to constrct a Township for the employees of the T V Centre. This proposal, it is claimed, was resisted by petitioners by sending numerous representations to the Secretary. Art and Culture. Government of India. New Delhi. Chief Minister, Rajasthan, Secretary, Art and Culture. Government of Rajasthan. Prime Minister and various other Authorities Despite bringing it to the notice of the respondents that the presence of concrete monster of the T V Tower behind the famous Taragarh Fort at Bundi would mar the entire architectural, historical, scenic and environmental beauty of cherished bundi and Bundi will be lost as a cultural heritage and as a potential place of tourism development. Respondents have not resisted from shelving the proposal and instead have proceeded to go ahead with the implementation of the plan. . In this back ground the aforementioned directions are sought. Respondents have not resisted from shelving the proposal and instead have proceeded to go ahead with the implementation of the plan. . In this back ground the aforementioned directions are sought. ( 6 ) AFTER show cause notice, a counter affidavit was filed by respondents on the affidavit of Shri Sawarnjit Singh, Deputy Director (Engg. Wing ). Doordarshan, New Delhi that a tower with a height of 150 mtr. only has been put up on the top of the Taragrah Hill at a reasonable distance from the Taragrah Fort, at Bundi and there is no proposal to construct the township for the employees at Taragrah Hill. The High Power T. V. transmitter project was conceived by Doordarshan Directorate somewhere in 1985 and the site at Taragarh Hill which was forest land was selected in 1988. The project was got cleared from Ministry of Environment and Forest as per provision in their rules. In the process,district Administration at Bundi and Rajasthan Government were fully involved. It is stated that height of the place where a T. V. Transmitter is to be set up plays an important rule in deciding the area that will be covered by that particular T. V. Transmitter. While selecting the site for High Power T. V. Transmitter, care is taken to set up the centre at the highest point of the town, because the effective coverage zone of a T. V. Transmitter gets increased. It is also stated that in selecting a suitable site for High Power T. V. Transmitter at Bundi, the entire town was surveyed. This place was found ideally suitable, while Bundi is located at 2 75 mtrs. It was also stated that construction of building and 150 mtr. high T. V. Tower have been completed, machinery and equipment have been installed and transmitter has become fully operational from 27th June, 1993 on an expenditure of over Rs. 351 crores. ( 7 ) AFTER the above facts were brought on record and rejoinder was filed, the Court on 6th September, 1994 permitted the Respondents to file an additional affidavit in view of the points which had been raised by the petitioner in rejoinder. 351 crores. ( 7 ) AFTER the above facts were brought on record and rejoinder was filed, the Court on 6th September, 1994 permitted the Respondents to file an additional affidavit in view of the points which had been raised by the petitioner in rejoinder. Learned counsel for the respondents was also asked to take specific instructions that if any T. V. Transmitter is required to be set up near or around any historical place, w ill it not be possible for the concerned department to consult the department of Archaeological Survey of India and the Environment and Forest Departments as well as the Cultural Department. Additional affidavit of Shri H. K. Khatri, Deputy Director (Engg. Wing),doordarshan has been filed in which it is stated that there is a Standing Advisory Committee for Frequency Allocation known as SACFA, clearance obtained from SACFA basically amounts to obtaining clearance from various Ministries/public Sector Departments which deals with wireless communication police, radio, defence, airport Authority etc. and almost all aspects of Defence, Security, Airforce, Environment, Historical, Cultural aspects of the area are considered at the time of selecting the site. It has been stated in the additional affidavit that, keeping in view the number of projects in hand and constraint of time, it will not be possible to consult individually each and every department. However, respondents have no objection for giving a public notice in the area where Tower is to be errected with a view to obtain objection, if any. It is stated that in the 8th Plan there are nearly 650 projects in contemplation. Therefore, keeping in view the number of plans directions, as ordered by the. Court in giving public notice will be adhered to. ( 8 ) HAVING gone through the affidavits exchanged between the parties, we are not inclined to issue the directions as have been sought for by the petitioner in the writ petition by calling upon the respondents to demolish the construction of T. V. Transmitter, which has already been set up near Taragarh Fort. Any demolition at this stage will result in more loss to the public exchequer than it is likely to result in any public good. Any demolition at this stage will result in more loss to the public exchequer than it is likely to result in any public good. It is this loss of public money which is likely to be caused on demolition of structure which prevents us from issuing such direction for demolition of the Tower at this stage and for this reason we are not going into the question as to whether any Tower ought or ought not to have been allowed to be erected at or near Taragarh Fort. However, with a view to prevent any unnecessary loss and damage to the National Heritage and to the places of historical importance, we would like to direct the respondents that in future before finalising the profits of setting up of T. V. Tower, Transmission Centre or the like, in addition to issuing a general public notice in and around the locality, where a Tower or transmission centre is proposed to be set up, notice in particular will also be issued to (1) Department of Archalolgical Survey of India, Government of India, New Delhi, (2) Concerned Environment and Forest Department of the State and the Centre; and (3) Department of Art and Culture of the concerned State and of the Centre. Objection, if any, received, from the concerned departments or from the General Public, shall be duly considered and examined with a view to preserve the National Heritage and the places of historical importance. ( 9 ) THE writ petition stands disposed of.