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2006 DIGILAW 969 (SC)

M. C. Mehta v. Union of India

2006-08-28

D.K.JAIN, S.B.SINHA, S.H.KAPADIA

body2006
ORDER : Re : Security of Taj : I.A. No.453/2006 1. In continuation of our order dated 7.8.2006, we may notice that this Court in its order dated 21.11.2001 observed that the State of U.P. had already prepared a contingency plan qua Security of Taj. The said contingency plan seeks to take within its fold inter aliathe sudden influx of visitors to the monument which may result in vandalism or damage thereto. 2. We may also place on record the submissions of Mr. Krishan Mahajan, learned Amicus Curiae that the said contingency plan has not been implemented in any manner whatsoever. Let the Home Secretary, State of Uttar Pradesh affirm on affidavit as to what steps have been taken for implementation of the said contingency plan. Such affidavit may be filed within two weeks from date. An advance copy of the said affidavit be given to Mr. Krishan Mahajan, learned Amicus-Curiae and to Mr. M.C. Mehta, the writ petitioner. 3. A proposal has been mooted at the Bar that if some land can be allotted by the Agra Development Authority beyond/around the periphery of 500 mts.which can be utilised by the CISF personnel as a Checking Counter -cum- Facilitation Centre, much of the problems which are being faced today in regard to security of the monument may not occur in future. We, therefore, direct that on 2.9.2006 the Superintendent of ASI, a high ranking officer of CISF, the Vice Chairman of Agra Development Authority as also the Commissioner of Agra Division shall meet in the Chambers of Chairman, Agra Development Authority for taking an appropriate decision in the matter. In the said meeting, location of the vendors shall also be discussed and resolved apart from the question of installing the Checking Counter-cum-Facilitation Centre. In this connection the said authorities or the officers nominated by them shall visit the spot and select a vacant place which may be available for the aforementioned purposes. 4. A suitable plan may also be prepared by the Officers of the Agra Development Authority, in the event a suitable place is found out as an outcome of the said meeting and visit to the spot by the officers concerned, be arranged so that necessary directions can be issued by this Court for allotment of the said land by the Agra Development Authority in favour of the ASI. We also direct the authorities of the ASI to consider the desirability of issuing the tickets of entering into the monument to limited number of visitors for a limited duration. Put up this matter on 18.9.2006 together with I.A.No.No.444/2006. 5. RE : Heritage City : Heard learned Solicitor General at some length. It is stated at the Bar that the questions shall be considered in depth, particularly having regard to the fact that three monuments are located within the town of Agra City as also other monuments in or around the same. 6. RE : News item dated 25.8.2006 published in Dainik Jagran (Agra Samachar We may also place on record that our attention has been drawn by learned Amicus-Curiae to a report published on 25.8.2006 in Dainik Jagaran(Agra Samachar). Let the said report be kept on record. Xerox copy of the same be handed over to the learned Counsel appearing on behalf of State of Uttar Pradesh. 7. Photographs given by Mr. Krishan Mahajan, learned Amicus-Curiae be also kept on record. 8. List all the I.As on 18.9.2006.