"SC Demands Explanation on Demolition of Datia's Ancient Gates in Madhya Pradesh"

On Wednesday, September 25, the Supreme Court ordered the Collector and Chief Municipal Officer of Datia, Madhya Pradesh, to submit affidavits regarding the alleged illegal demolition of ancient gates that once surrounded Rajgarh Palace in Datia. A bench consisting of Justice BR Gavai, Justice Prashant Kumar Mishra, and Justice KV Viswanathan also directed them to outline steps for restoring and repairing these historic gates within four weeks. The Court is reviewing a petition that accuses the authorities of ignoring a Madhya Pradesh High Court order from January 23, 2018, where they promised not to demolish the gates. Despite this commitment, it is alleged that the Richhra and Bhanderi gates were demolished on September 14, 2024, during a weekend when the Supreme Court was closed for Eid holidays. The petition claims the authorities were aware of ongoing legal proceedings but used heavy machinery to destroy the gates. It adds that previous illegal actions had already damaged the gates, leaving only four of the original six standing. In response, the authorities argued the gates collapsed due to heavy rain, which trapped people under the debris. They claimed that they had to remove the debris to recover the bodies of seven people who died in the incident. Justice BR Gavai questioned why the authorities hadn’t strengthened the gates, asking, "Why did you allow them to collapse?" Background The fortification of Datia, including its historic gates, was constructed by the former King of Datia between 1810 and 1828. This fortification surrounds the Veer Singh Palace, a site protected under both the Ancient Monuments and Archaeological Sites and Remains Act of 1958 and the Madhya Pradesh Ancient Monuments and Archaeological Sites and Remains Act of 1964. On May 25, 2017, the Municipal Council of Datia passed a resolution to demolish parts of the fortification to build a ring road and shops. In 2017, the petitioner approached the Madhya Pradesh High Court, seeking protection of the gates. On January 23, 2018, the court issued an order based on the Municipal Council’s promise not to harm or demolish the gates. Additionally, the court directed the Archaeological Survey of India to evaluate the petitioner's request to declare the fortification a protected monument. Despite this, the petition alleges that authorities violated the High Court's order and continued with demolition activities. The petitioner later filed a contempt petition in the High Court, but it was dismissed on February 21, 2022, when the authorities argued that the structure collapsed due to natural wear and tear, not intentional demolition. After this dismissal, the petitioner approached the Supreme Court, which issued a notice regarding the case in August 2022. The present interim application is part of this ongoing legal process. The petitioner stresses that authorities have consistently ignored legal proceedings, despite knowing that a contempt case is pending before the Supreme Court. The petitioner also referenced a local newspaper report from August 19, 2024, which mentioned plans to demolish the gates to make space for a two-lane road connecting to the ring road. In response, the authorities submitted a counter-affidavit claiming that the damage to the gates was caused by natural deterioration, not by intentional demolition. They also stated they had sought permission to restore the damaged structures. However, the petitioner argues that the recent demolitions on September 14, 2024, contradict these claims. www.legalmeet.in