TMI Blog2010 (3) TMI 1059X X X X Extracts X X X X X X X X Extracts X X X X ..... n Prince of Wales) on January 4, 1906. Between years 1908 and 1921 various objects of arts, manuscripts, medals, arms and armours were collected and preserved for being transferred and displayed at VMH upon construction and on December 28, 1921 its construction was mostly completed. It was inaugurated by the Edward, the VIIIth (the then Prince of Wales) and was opened for public viewing. Afterwards, the Museum attained the status of National Museum of modern Indian history starting from 18th century. In the year 1925, illustrated catalogue of exhibits in VMH was published. Between years 1934 and 1935 cupolas were added to the main monument. The memorial is the repository of a largest number of Daniells' paintings in the world. It possesses the third largest painting in the world-Vassili Verestchagin's The State Procession of the Prince of Wales into Jaipur in 1876 . The memorial's philatelic collection on Indian postal history is equally large. Among other important collections, one may refer to Mughal emperor Aurangzeb's hand-written Quran or Dara Sikoh's translation of the Upanishads. Equally important and fascinating are the works of Johann Zoffany, Tilly Ke ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... VMH was at stake, Writ Petition No.7987(W) of 2002 was filed as a Public Interest Litigation by the Howrah Ganatantrik Nagrik Samity, Respondent No. 1, which sought large number of reliefs, particularly, directing the respondents therein to preserve, protect and maintain the historical monument, to review present status and applicability of recommendations made by NEERI in April, 1992 for protection of the museum and to start action thereon forthwith, to stop leaking of rain water through the rooftop, to repair the structure of the museum, to prepare a complete inventory/catalogue of all the objects of the museum based on record, to remove all sorts of office accommodations and other occupancies not related to preservation and maintenance of the museum from inside the museum, to make arrangements for more and more display of all objects of the museum to visitors through rotational process, to make complete census and numbering of trees and to prevent falling thereof, to arrange for the supply of potable water, to arrange the vehicular traffic in a manner not creating any kind of pollution and to take measures to prevent any kind of air pollution etc. etc. The High Court dealt wit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he administrative office of VMH is to be borne by the VMH. 8. However, the matter was decided finally vide judgment and order dated 28th September, 2007, dealing mainly with the following issues: A. Removal of the hawkers from the vicinity of the Hall. B. Modernisation of the Gallery. C. Environmental Management Plan. D. Parking of vehicles, traffic signals and stopping goods vehicle. E. Burning of dry leaves in the VMH Area. F. Shifting of Administrative Office. G. Further construction within the VMH Area. 9. So far as issue at point (G) is concerned, the Court rejected the recommendations made by the Expert Committee, refusing the permission to raise the construction in the VMH Campus. 10. The appellant moved an application to modify the order dated 28.09.2007 only to the extent that it may be permitted to raise the construction upto the height of 30 ft. in an area where it already had cluster of constructions, which is being used as a non-residential staff quarters on various grounds, inter-alia, that the appellant made a serious attempt to acquire the land/building for having the museum and recreation centre in the close vicinity of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -residential staff quarters. The necessity had arisen for the reason that VMH is basically a museum and the process of `acquisition of various costly' objects of art or old documents, manuscript etc. had been initiated even prior to the actual construction of the VMH. Its recognized activities conform to the definition of a museum as given in Section 1 of Article 3 of the Statute of International Council of Museum, according to which, a Museum is a non- profit permanent institution in the service of society and its development, open to the public which acquires, conserves, researches, communicates and exhibits the tangible and intangible heritage of humanity and its environment for the purpose of education, study and enjoyment. The appellant claimed that it is institutional member of International Council of Museums and had been paying subscription to the Indian branch of International Council of Museums; that approx. 29,000 items of objects of arts are stored within the VMH building and some of those were lying idle and not displayed to the public due to dearth of space. It was contended that the height of the monument is 56.0832 meters and, therefore, the construction, if pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... monument but would be detrimental to the present structure. However, such a conclusion has been reached without giving any plausible reason whatsoever. 19. The Expert Committee was appointed by the High Court itself vide order dated 27.11.2003. It consisted of experts of various subjects, rendering services in different fields. Therefore, it is unfortunate that the High Court not only brushed aside its report, so far as the instant issue is concerned, rather labelled it as a so- called Expert Committee . The High Court failed to appreciate that the application was filed by the appellant as it was not possible for VMH to get appropriate space nearby the monument in Kolkata. More so, neither the Pollution Control Board, nor Kolkata Municipal Corporation, nor the Suptd. Archeologist of Archeological Survey of India of Kolkata Circle, raised any objection in respect of the construction of a new building. The building was proposed to be constructed by replacing the old existing constructions at a distance of at least 160 mtrs. from the monument. The Court failed to consider that museum activities were to be expanded by the appellant therein, which would not adversely affect the mon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 17th-2Oth century India and Bengal, lacks several modern facilities like space/facility up to international standard for visiting exhibitions, space/facility for education, research, lecture, library, meeting/reception, and space/facility to serve the public visiting the VMH. The Committee suggests that the VMH should enhance its existing facility to take a shape of an eminent centre of art and culture of international standard. The feasibility of building visitors' centre and exhibition area in a separate building within the VMH compound to provide the above mentioned facilities should be explored. In any case, this should not disturb the existing landscape, and should also be in consonance with the existing ambience and compatible with the existing architecture of the monument. (emphasis added) 23. The Court dealt with the aforesaid recommendations on the issue observing: We, however, do not approve the suggestion of the experts appointed by this Court to find out the feasibility of building any visitor's centre and exhibition area in a separate building to be constructed within the VMH compound. Such an idea is contrary to the concept of protection of hist ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... compound. The High Court while disposing of the Writ Petition dis-approved the recommendation for having a centre and exhibition area within the VMH compound merely observing that such an area would be contrary to the concept of protection of historical monument. The application for modification has been rejected by the High Court on the grounds that it would be contrary to preserving greenery; such a campus should not have the buildings for brisk activities and entertainment and if permission is granted, it would frustrate the effort of the High Court to preserve the existing memorial for last seven years by passing prohibitory orders. The High Court failed to appreciate that in case a historical monument contains such a centre, it cannot be a danger for its protection. More so, as explained hereinabove, most of such museums have such activities throughout the world. The ground of preserving the greenery is totally misplaced and mis-conceived for the reason that building is to be constructed by demolishing the servant quarters etc. which are in a dilapidated condition. As the greenery does not exist at this place the reason given by the High Court is untenable. The other groun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nderstand as on what basis, its recommendation on the issue involved herein, has been brushed aside by the High Court without giving any reason whatsoever, particularly, when the Act governing VMH does not prohibit the use of the part of the compound for the purpose other than connected with Queen Victoria. 31. It is a settled legal proposition that not only administrative but also judicial order must be supported by reasons, recorded in it. Thus, while deciding an issue, the Court is bound to give reasons for its conclusion. It is the duty and obligation on the part of the Court to record reasons while disposing of the case. The hallmark of an order and exercise of judicial power by a judicial forum is to disclose its reasons by itself and giving of reasons has always been insisted upon as one of the fundamentals of sound administration justice - delivery system, to make known that there had been proper and due application of mind to the issue before the Court and also as an essential requisite of principles of natural justice. The giving of reasons for a decision is an essential attribute of judicial and judicious disposal of a matter before Courts, and which is the only ind ..... X X X X Extracts X X X X X X X X Extracts X X X X
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