Thursday, Jul 17, 2003
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By J. Venkatesan
A Bench, comprising Justice M.B. Shah and Justice A.R. Lakshmanan, did not accept the submission of the Uttar Pradesh Government's counsel that the court should await the outcome of a probe ordered by the State Government through the Comptroller and Auditor-General. The Bench observed that: "the powers in U.P. instead of creating something new which could be classified as a world heritage monument are trying to demolish or endanger an existing world heritage monument by their hasty or irregular activities". The Bench asked the CBI to identify officials/persons who gave the green signal to the project without the mandatory environment and other statutory clearances for fixing responsibility. No detailed project report had been approved either by the Union Government or the Environment Ministry. Thus, it was difficult to note who released the huge amount of public money for the construction of the illegal work. The Bench expressed anguish over the fact that Rs. 17 crores had been spent on the project and asked how the National Projects Construction Corporation could undertake the project without clearance from the authorities concerned. The Bench said: "It is also painful to note that the NPCC, which is a government undertaking, placed a board at the site stating that the work is being carried out at the Taj Trapezium Zone Heritage Corridor under the direction of the Supreme Court when no such order had been passed." Counsel for the State Government, Rakesh Diwedi, said that on the basis of the Mission Management Board's decision to draw up a detailed project report, the then Principal Secretary, R.K. Sharma, had gone ahead with the construction work without seeking any mandatory clearance. He said Mr. Sharma had since been suspended pending an inquiry against him. The Chairman of the Expert committee, Krishan Mahajan, submitted that the Taj Heritage Corridor encompassed five important monuments — the Taj Mahal, the Agra Fort, Rambagh, Itmad-ud-Daula and the Chini ka Roja — and said the massive project work, including reclamation of river bed, would endanger these monuments. The committee said the project "appears to be a product of great hurry and prepared without any adequate study and consideration". All activities should be stopped and suspended till a detailed study was conducted, development justified and the safety of Taj Mahal and other monuments ensured. The Bench said: "Considering all the aspects as well as the allegations made by ex-standing counsel of the U.P. Government, A.K. Agarwal, it appears that a detailed inquiry is necessary to be carried out by the CBI." The Bench, therefore, directed the CBI Director to see that the inquiry with regard to illegalities and irregularities committed by the officials concerned was conducted at the earliest and report to the court within two months.
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