The Barabati Fort Case
The case of The Universe versus Government of Orissa is the ‘Barabati Fort Case’. It dealt with how after independence no serious effort was made by the Union government as well as State government to preserve the historic structure notified as an ancient monument in 1915.
The case was significant as it for the first time raised questions like – how the Government or local authority could ignore the historical importance of such an ancient fort – and how could the government interfere with the archaeological site’s character and destroy its more important features.
Barabati Fort was for almost eight centuries the seat of most sovereign powers who ruled Orissa. The case singular if its kind (till date) also highlighted the out-and-out necessity to preserve the Fort, the gateway, the moat in its entirety along with the historic constructions within the Fort and removal of unauthorised constructions and buildings. But for cynics the case may be of little interest as for them no gainful purpose would be served by preserving these places in the interests of historical factors.
The Universe, a private organisation involved in promotion of culture moved the Orissa High Court after a road was created by filling up a portion of the moat on the western side of the fort area on February 8, 1994. Attempts were also then being made to reclaim the area covered by the moat and its surroundings.
The high court issued an interim order restraining putting up of new constructions and from filling up the Gadakhai (moat) which runs to 2.5 kms and encircles the 102 acres fort area on July 8, 1994. I was then a Senior Correspondent of Sun Times, published by Eastern Media Limited from Bhubaneswar.
Records say Barabati Fort was declared a protected monument under the Ancient Monuments Preservation Act, 1904. The relevant portion of the notification issued related to it on March 22, 1915 reads thus: “…. The ancient monuments of Barabati Fortress and the ruins and remains of all ancient edifices, walls, gateways, etc, save excepting the Mosque at Barabati situated in Mauza Cuttack Cantonment Khasmahal, Parganna Cuttack, Havili, Thana Cuttack, bearing Touzi no 5458, in Cuttack district……”.
The State Legislature enacted the Orissa Ancient Monuments Preservation Act, 1956 with the object of preservation of ancient monuments and objects of archaeological, historical or artistic interests in the State of Orissa. Then came the Ancient Monuments and Archaeological Sites and Remains Act, 1958.
Nonetheless, Barabati Fort ruins were ignored for decades altogether. It’s no wonder that a Stadia and an indoor stadium was constructed, occupying the entire southern part of the fort area. Both constructions were promoted by the Council of Sports under the State Sports and Youth Affairs department. Understandably, the state authorities did not give any attention to the importance of preserving the history and its heritage and to preserve the monument and protect it.
Prior to this the entire northern part of the fort was occupied by official quarters of government officials and the Cuttack Club which had come up in the 1890s.
The Chief Secretary had called a meeting on April 23, 1989 and on that day a decision was taken regarding steps to be taken to protect and preserve the monument. The relevant portion of the decisions reads thus: “It was the consensus that Barabati Fort area should be kept as a park and be so converted in a phased manner over a period of time. The existing quarters inside the Fort area should be pulled down in course of time A multi storied building may be constructed to accommodate Government officials on a plot of land now vacant in Cantonment Road. In view of the historical importance of the Barabati Fort, Chief Secretary desired that all necessary steps should be taken to protect its remains. He directed for stoppage of plying of heavy vehicles through the main entrance gate as it affects the life and stability of the gate”.
The road was created by filling up a portion of the moat without giving any justification to closing up the moat or disturbing its continuance or reclaiming the area. It connected Cantonment Road with Tulsipur through the Fort. It was also not known which authority permitted the creating of the road by filling up a portion of the moat.
The Barabati Fort case dragged on in the High Court for nearly nine years. A two-judge bench of Chief Justice P Balasubramanyan and Justice P Mohanty gave judgement in the case on March 7, 2003. I was then The Statesman’s Staff Reporter based in Cuttack.
By then the situation had gone from bad to worse. The high court in its judgment said: “The fact that this Court had to be approached for preserving the cultural heritage of the State famous for its art, culture and history, is a sad commentary on the state of affairs obtaining in the State. It is more disturbing to see that in spite of the filing of the writ petition in the year 1994 and receiving of notice therein, absolutely no steps have been taken by the State government or District Collector or the Archaeological Department to rectify the situation. That a State like Orissa could permit a destruction of its historical traditions and monuments shows how, we as a State, have failed posterity to whom we owe an obligation to preserve the ancient traditions and historical monuments. The fact that this Court has interfered now, we hope, would make the State alive to its responsibilities”.
On the road constructed by filling up the moat the high court said: “That a State like Orissa with its great culture and hoary traditions could indulge in such activities can only be described as painful”.
In the judgment the high court ordered for immediate restoration of the moat fully to its original condition with continuity right through and without obstruction within three months.
“It is not very clear why a road should be provided through the monument and adjacent to a historical ruin, a construction that survives as a great monument of the engineering skill of ancient India. Even if it is considered that a road is necessary, it should be made causing no obstruction to the excavation of the original site. Certainly, no road could be laid by closing a portion of the moat or by filling up a portion of the moat. In other words, if the authorities take the view that it is absolutely necessary to have a road they should construct a high over-bridge over the moat, after restoring the moat”, the high court observed.
Protection and preservation of Barabati Fort as a national monument, preventing putting up of any constructions within the notified area and to remove all the structures and buildings not required for the preservation of the monument was also ordered by the high court.
Now after eighteen years the Barabati Fort case is lost in time. Nevertheless, the hope kindled by the high court judgment for an arch bridge over a restored moat with free-flowing water and boating facilities for tourists continues.
