Ram Sarup v. State Of Haryana And Others

1. This is a Letters Patent Appeal arising out of the judgment dated 5th January, 1984 by the learned single Judge in writ petition No. 3694 of 1981 (reported in 1984 Pun LJ441), filed by Ram Sarup. Partner of Messra Singla Rice and General Mills, Thanesar, district Kurukshetra, seeking quashing of the Notification dated 26th June, 1980 under S. 4( I Xb) of the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963 (hereinafter referred to as the 'Act') and the complaint filed in pursuance thereof.

2. Briefly the facts giving rise to the present Appeal are as follows:-

1. There is a single Rice and General Mills situated in Thanesar, district Kurukshetra. Ram Sarup, petitioner, is a Partner of the same. This Mill was constructed in the year 1972 and is situated within the municipal limits of Kuruk-shetra. The Mills created a sister concern by the name of 'Singla Industries' and it proposed to construct three rooms for the same as an extension of the building to the Mills. These rooms were sought to be constructed on Salarpur Road, Thanesar. The area in which three rooms were sought to be constructed had already been declared as a controlled area vide the Notification issued by the Haryana Government on 26th June. 1980, which was published on 29th July, 1980 under the Act. On 25th August. 1980, an application was submitted for sanction of the said constructions and it has been alleged that on 16th September, 1980, the Municipal Engineer certified that there was no objection to the installation of Singla Industries on Salarpur Road. When the officers of the District Town Planner office visited the site in question on 26th September, 1980, it was reported by them that Ram Sarup was constructing the three rooms which was against the Notification dated 26th June, 1980. He was consequently issued a show-cause notice dated 4-11-1980 under registered cover to stop further construction and another notice was issued to restore the land to its original shape. The petitioner Ram Sarup however, continued the unauthorised constructions and consequently thereafter, the District Town Planner, Kurukshetra filed a complaint under S. 12(1) (b) of the Act in the Court of the Judicial Magistrate First Class, Kurukshetra. The petitioner has consequently challenged the Notification issued under S.4 of the Act as well as the complaint filed before the Chief Judicial Magistrate. Kuruksheira. The learned single Judge before whom the writ petition came up for hearing upheld the Notification under S.4 of the Act and consequently dismissed the petition on 5th January, 1984. This judgment of the learned single Judge is subject to challenge in the present appeal.

3. We have heard learned counsel for the Appellant Shri R. S. Mittal, Senior Advocate and Shri Jagdev Sharma, Additional Advocate General for the State of Haryana.

4. The Notification which has been issued under S. 4(a)(b) of the Act has been filed in the writ petition as Annexure P-l. The Notifi-cation has been issued by the Haryana Government, Town and Country Planning Department in exercise of the powers con ferred under sub-sec. (1)(b) of S.4 of the Act. By this Notification, the Governor of Haryana has been pleased to declare the controlled area around 'Brahm Sarovar' at Kurukshetra as specified in the schedule given in the said Notification to be controlled area for the purposes of the Act.

5. The learned counsel for the Appellant has contended that 'Brahm Sarovar' is neither a public institution nor an ancient and historical monument and as such the area around Brahm Sarovar could not have been declared as a controlled area under the provisions of the Act. The question therefore, for consideration in this Appeal is as to whether Brahm Sarovar' situated in Kurukshetra, is a public institution or an ancient and historical monument to bring it within the purview of the Act. Section 4 of the Act is quoted below:

"4. Declaration of controlled area.-- (1) The Government may by notification declare the whole or any part of any area adjacent to and within a distance of -

(a) eight kilo-metres on the outer sides of the boundary of any town; or

(b) two kilo-metres on the outer sides of the boundary of any industrial or housing estate, public institution or an ancient and historical monument; specified in such notification to he a controlled area for the purposes of this Act.

(2) The Government shall also cause the contents of the declaration made under sub-sec. (1) to be published in at least two newspapers printed in a language other than English."

The above Section 4(1)(b) empowers the Government to declare by Notification the whole or any part of any area as adjacent to and within a distance of two kilo-metres on the outer side of the boundary of any industrial or housing estate, public institution or an ancient and historical monument as specified in such a notification to be a controlled area for the purposes of the Act. Once a Notification is issued under S. 4 of the Act, S. 6 places a restriction on a person intending to erect or re-erect a building on the area which has been declared as a controlled area. No construction can be made under the Act in the controlled area without following the provisions laid down under the Act.

6. On a plain reading of the S. 4 of the Act, it is clear that if `Brahm Sarovar' is either a public institution or an ancient and historical monument; the Government would be empowered to declare the area around it as a controlled area. The ancient and historical monument contemplated under the Act is not restricted to an ancient and historical monuments which have been declared as such under the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (Act XXIV of 1958) (hereinafter referred to as the '1958 Act").

7. The expression 'ancient' and 'historical monument' has not been defined under the Act. In the 1958 Act, however, 'ancient monument' has been defined in S.2(a). It reads as follows:--

"ancient monument" means any structure, erection or monument, or any tumulus or place of interment, or any cave, rock sculpture, inscription or monolith, which is of historical, archaeological or artistic interest and which has been in existence for not less than one hundred years, and includes (i) the remains of an ancient monument, (ii) the site of an ancient monument, (iii) such portion of land adjoining the site of an ancient monument as may be required for fencing or covering in or otherwise preserving such monument, and (iv) the means of access to, and convenient inspection of an ancient monument;

the word 'ancient' has been defined in the Chambers 20th Century Dictionary, New Edition 1983, as meaning very old of former times of long standing: belonging or relating to times long past. The word' Ancient Monument' has also been denned in the above dictionary as meaning of a building of historical interest scheduled for preservation, in many cases under the care of a Government department.

8. The word 'Monument' has also been defined as follows:--

"anything that preserves the memory of a person or an event, a building, pillar, tomb tablet, statue, etc. any structure, natural or artificial, considered as an object of duty or of interest as a relic of the past : a historic document or record (sometimes confused with muniment) a stone, post, river, etc. marking a boundary."

9. From the above mentioned definitions given in the 1958 Act as well as in the dictionary, it would be apparent that an 'ancient monument' has been given a very wide meaning. It would mean to be any monument which is very old having historic past or record. It can also be a stone, a post, a river etc. The 'Brahm Sarovar' is a very very old historic place and it would clearly come both within the expression of ancient and historical monument, as defined in the 1958 Act, as also within the meaning given in the dictionary mentioned above.

10. It would be appropriate to give a brief history of 'Brahm Sarovar' which is also known as the 'Kurukshetra Tank'. It is well known that Kurukshetra is a place revered all over India for its sacred associations. It was here the battle of Mahabharata was fought and Lord Krishna, the divine source of the song celestial, preached his philosophy of 'unattached action' to Arjuna.

11. Accoridng to Puranas, King Kuru is said to have selected this land on the banks of the sacred river Saraswati. Here only he established the seat for spiritual culture and cultivation of eight-fold virtues namely Austerity (Tapas), Truth, Forgiveness, Kindness, Purity, Charity, Yoga and Continence (Self Control). Thus, the land earned its name Dharmakshetra Kurukshetra.

12. Brahmasar or Kurukshetra tank, as it is locally called, is the centre of interest for the pilgrims as soon as they arrive at the holy land. It is now about 3,860 feet in length and 1,860 feet in breadth. In ancient times there were long flights of steps on four sides of the tank but these exist on the northern and western banks only. The long line of trees on the northern bank and one small island and another big island in the middle of the tank have enhanced its beauty considerably and made it attractive to all the visitors. There are temples and places of Puranic and historical interest in these islands. The smaller one is linked with the Shravan Nath Math (an old Ashram of Sannayasis) by a bridge and the bigger island is linked by another bridge which runs from the middle of the northern bank dividing the tank into two parts. Ruins of some structures standing on the bigger island are said to have been of small castle of Emperor Aurangzeb, who posted armed soldiers here to collect taxes or Jazia from the pilgrims taking bath in the tank and taking its sacred water to their homes. The rates of taxes are said to have been rupee one for a pot of water and rupees five for a bath. Pilgrims found to evade payment of taxes were punished and sometimes shot. This tank is believed to have excavated first by king Kuru long before the epic battle of Mahabharata and it must have undergone great changes in its long life of existence.

13. Mention is also made of 'Brahm Sarovar' in the Vaman Puran, one of the eighteen Puranas which date back to 200 B.C. 500 A. D. The Vamana Puran SM. 11.24 reads as follows: --

vk|a czEglj% iq.;a rrks jkeg`n Le`r% A dq:.kka _f"k.kk d`"V dq:{ks= rr% Le`re AA

14. The Roman script of which is as follows : --

"Adyam Bramsara Punyam Tato Ram-hridah Smrith Karunam Rishina Khshtam Kurukshetram Tetath Smrkam"

15. True English translation of the above reads as under:--

"This holy place known as Brahm Sarovar is as good a source of blisfulness and emancipator of the pains of the saints as is the holy land of Kurukshetra.

In other words, whatever reward one attains by one's holy deeds at Kurukshetra, the same reward is attained at the holy place of Brahm Sarovar."

16. From the above, it is clear that 'Brahm Sarovar' is a very old and historical monument. It would, therefore, clearly come within the expression 'ancient and historical monument.'

17. The word `Public Institution' has not been defined but since this monument is a place meant for the public where admittedly lacs of people visit the monument year after year, it would clearly come under the expression 'Public Institution' also.

18. In the circumstances, we cannot accept the contention raised on behalf of the appellant. The Notification issued by the Government is a valid notification under S. 4 of the Act. The Appeal is consequently dismissed. The parties are directed to bear their own costs. The parties are further directed to appear before the Magistrate Kurukshetra where the criminal complaint is pending on 15th February, 1993.

19. Appeal dismissed.