SC: Blanket ban on events at protected heritage garden modified—functions allowed till 8 PM with restrictions on noise and fireworks
Case Name: Director, Department of Archaeology and Museums, Jaipur & Anr. v. Ashish Gautam & Ors.
Citation: Civil Appeal No. 4070 of 2016
Date of Judgment: 11 May 2020
Bench: Justice Arun Mishra and Justice S. Ravindra Bhat
Held: The Supreme Court partly allowed the appeal filed by the Rajasthan Department of Archaeology, modifying the blanket ban imposed by the National Green Tribunal (NGT) on social functions at Sisodia Rani ka Bagh, Jaipur. The Court held that the monument, although recorded as forest land, is an enclosed heritage site adjacent to the city and may be used for appropriate multipurpose activities between 8:00 AM and 8:00 PM, subject to restrictions on noise, fireworks, and laser lighting. The Court directed the State to maintain fountains, restrict loud music, and undertake beautification through a consultant, observing that the NGT’s blanket prohibition was excessive and contrary to the site’s tourism and cultural value.
Summary: The dispute arose after the NGT prohibited all social events and use of loud music, fireworks, and lighting at Sisodia Rani ka Bagh—a protected 18th-century monument built by Maharaja Sawai Jai Singh for his queen. The Department argued that the site had long been used for functions and generated tourism revenue, and that regulated use could continue without disturbing nearby forest areas. The State submitted a beautification plan involving restoration, horticulture improvement, lighting upgrades, and creation of a heritage museum.
The Court noted that the site is fully walled, historically significant, and does not directly interfere with wildlife. It held that a complete ban was unwarranted and instead issued guidelines allowing controlled public use during daytime hours. At the same time, it reinforced restrictions against pollution and directed deployment of staff for maintenance.
Decision: The appeal was allowed in part. The Supreme Court permitted day-time events up to 8 PM, prohibited fireworks, laser lights, and loud music, and directed the State to appoint a consultant for beautification and horticultural development. The matter was kept under monitoring, with the consultant’s report to be submitted within one month.