Case BriefsSupreme Court

Supreme Court: The bench of Arun Mishra and S. Ravindra Bhat, JJ has held that not be appropriate to permit the use of Jaipur’s famous Sisodia Rani ka Bagh to hold various functions during the night after 8.00 P.M.

The historical Monument, which is situated at the outskirts of Jaipur in forest area, was built in the year 1728 by Maharaja Sawai Jai Singh. It was declared as a protected Monument on 1.5.2012 by Department of Archaeology and Museums of Rajasthan and work for restoration, as per principles of conservation, was started. During the last five years, the expenditure of approximately Rs.170 lacs has been incurred on conservation, restoration, and development of Mahal and Garden. Around 100 tourists visit the Monument every day. The visitor timings are from 8.00 A.M. to 8.00 P.M.  The fountain inside the Garden and the dynamic coloured lights highlighting the elements of the Mahal are operated from 6.00 P.M. to 8.00 P.M. The monument was also used for earning the revenue by organising various functions.

On 5.11.2014, the National Green Tribunal, Central Zonal, Bhopal held that the Monument is part of the forest area and directed that no permission should be granted to organise social functions like marriages, etc. and for the use of fireworks, loud music in the Monument.

Aggrieved by the said order, it was argued before the Supreme Court that putting a blanket ban upon holding of ceremonies in the Monument, situated adjacent to the city. The prohibition imposed shall adversely affect State tourism and would render the entire Monument of no use, and its upkeep would be difficult.

The Court, agreeing with the said argument, held that the blanket ban imposed by the Tribunal was not called for as area can be used for appropriate functions and for holding events to attract tourists. No inconvenience is going to be caused in the area considering the situation of Monument.

The Court noticed that the Monument is adjacent to Jaipur-­Agra highway, it has historical importance and is entirely enclosed by a pakka structure. It does not disturb the forest area though the Monument may be recorded as forest. It, hence, held,

“It would not be appropriate to permit the use of the Monument to hold various functions during the night after 8.00 P.M. The tourist timings are 8.00 A.M. to 8.00 P.M. During that time, considering the importance of the historical Monument and it is in encircled structure by wall and its potentiality there cannot be any objection for its being used for multipurpose appropriate activities. At the same time, there is in place a noise restriction, the same has to be strictly observed.”

The Court, hence, directed:

  • The Monument may be used for appropriate multi­purpose activities between 8.00 A.M. to 8.00 P.M. only. No activity to be permitted after 8.00 P.M.
  • The use of laser lights, loud music, and fireworks is ordered to be completely restrained.
  • Musical and other fountains to be maintained and to be kept in working order.
  • Other conditions imposed by the Department be observed strictly.
  • Requisite supervisory and other staff/gardeners, etc. be dedicated to maintain and look after the area.
  • A Consultant be appointed for further beautification of the area and requisite horticultural development and an additional project plan be prepared and placed on record.

[Director, Department of Archaeology and Museums, Jaipur v. Ashish Gautam, 2020 SCC OnLine SC 452 , decided on 11.05.2020]

NewsTreaties/Conventions/International Agreements

The Union Cabinet, chaired by the Prime Minister Shri Narendra Modi, has given its ex-post facto approval on the Memorandum of Understanding (MoU) between India and Croatia in the field of tourism.

The MoU in the field of Tourism will help the two parties in creating an institutional mechanism for enhancing cooperation in the tourism sector.

The MoU has been signed on 26 March, 2019 during the visit of President of India to Croatia.

[Source: PIB]

[Dated 27-03-2019]

Ministry of Tourism

NewsTreaties/Conventions/International Agreements

The Union Cabinet, chaired by the Prime Minister Shri Narendra Modi, has approved the signing of Memorandum of Understanding between the Ministry of Tourism, Government of the Republic of India and the Saudi Commission for Tourism and National Heritage of the Kingdom of Saudi Arabia for strengthening cooperation in the field of Tourism.

The main objectives of the Memorandum of Understanding are:

a) Exchanging information and expertise in Legislations in the tourism development, Hotels, resorts and tourist accommodation facilities, Tourism data and statistics, Exhibition events and other tourism activities in States of the Parties, Tourism development, planning and investment; Licensing, operating and marketing tourism facilities, Agricultural  Tourism,  Desert tourism etc.

b) Exchanging media publications, tourism related films, and encourage exchanging of visits between experts and tourism media representatives in the States of the Parties.

c) Introducing tourism investment opportunities available in the States of the Parties; encourage mutual tourism investment in tourism projects.

d) Encouraging organizing joint tourism events; participate in exhibitions, conferences and seminars held in the States of the Parties thus contributing to tourism development and crystallizing a joint tourism vision.

e) Encouraging public and private education facilities working the tourism education and training field in the States of the Parties.

f)  Exchanging innovative experience and technologies in the tourism field, and consultation services.

g) Cooperation and coordinating in international forums and organizations concerned with tourism affairs.

Background:

India and Saudi Arabia have enjoyed a strong diplomatic and long economic relationship. The two parties now desiring to strengthen and further develop the established relationship have signed a Memorandum of Understanding between the Ministry of Tourism, Government of the Republic of India and the Saudi Commission for Tourism and National Heritage of the Kingdom of Saudi Arabia for strengthening cooperation in the field of Tourism.

Saudi Arabia is one of the potential tourist generating market for India from the Middle East. The signing of Memorandum of Understanding with Saudi Arabia will be instrumental in increasing arrival from this source market.

[Source: PIB]

Cabinet

NewsTreaties/Conventions/International Agreements

  1. MoU between National Investment and Infrastructure Fund (NIIF), Ministry of Finance, Government of India and Qatar Investment Authority (QIA)

The MoU aims at establishing framework for facilitating participation of Qatari institutional investors in Infrastructure projects in India under NIIF.

  1. Agreement on Cooperation and Mutual Assistance in Customs Matters between the Government of Republic of India and Government of the State of Qatar

This agreement promotes cooperation and mutual assistance between the two countries on matters pertaining to customs administration through exchange of information and intelligence.

  1. MoU between Financial Intelligence Unit – India (FIU-IND) and the Qatar Financial Information Unit (QFIU) concerning cooperation in the exchange of intelligence related to money laundering, terrorism-financing and related crimes

The MoU facilitates exchange of intelligence related to money laundering, terrorism-financing and related crimes and persons connected thereto.

  1. MoU between the Ministry of Skill Development and Entrepreneurship, the Government of Republic of India and the National Qualifications Authority/Supreme Education Council, Government of the State of Qatar for Cooperation in Skill Development and Recognition of Qualifications

This MoU aims to enhance cooperation between the two countries on skill development and mutual recognition of qualifications to facilitate mobility of skilled workers from India to Qatar.

  1. MoU on cooperation in Tourism between the Government of the Republic of India and Government of the State of Qatar.

The MoU aims at bilateral cooperation in the field of planning and developing of tourism, through marketing and promotion as also to support cooperation between private sector stakeholders.

  1. MOU between India & Qatar for Cooperation in the field of Health the Government of the Republic of India and Government of the State of Qatar.

This MoU provides cooperation in areas of health, including interalia in occupational and environmental health, pharmaceuticals, medical education, exchange of the best practices in the field of primary healthcare, research in the field of health care, technology, health care system and exchange of medical experts and scientists.

  1. The First Executive Programme for MoU in the field of Youth and Sports between the Government of Republic of India and Government of the State of Qatar

As a follow up to the existing MoU in the field of Youth and Sports, the first Executive Programme provides for exchanges and cooperation in sports activities, training camps for sports teams and exchange visits of leaders and officials etc between the two countries.

Press Information Bureau