CHENNAI: The Madras High Court cleared the legal hurdles in relocating two British-era tombs located at the old Madras Law College (Dr Ambedkar Law College) adjacent to the high court premises, by dismissing two appeal petitions filed against a single judge’s order in this regard on Wednesday.
A division bench of justices M Sundar and N Sathish Kumar dismissed the appeals filed by the Union Ministry of Culture and a third party appeal by senior counsel T Mohan challenging the single judge’s order dated June 27, 2023.
However, the bench allowed the writ petition filed by Mohan, seeking a direction to prepare a master plan by the court’s administration before going ahead with future constructions, in order to preserve the heritage and environment of the court premises.
The single judge, after hearing a petition filed by advocate B Manoharan, had declared the tombs of David Yale, son of Elihu Yale, then governor of Madras (1687-1692); and Joseph Hynmer, who was a friend of Elihu Yale, as not protected monuments and ordered their relocation to facilitate construction of a five-storeyed building. The petition was filed after the Archaeological Survey of India, under whose control the tombs fall, denied permission to hold constructions on the premises.
“Myriad arguments were made regarding the contribution of Elihu Yale to the Connecticut College in the US, which is now Yale University, but there is absolutely no material to demonstrate any contribution by Elihu Yale to India and there is also no material to demonstrate that he served this country,” the bench remarked.
The bench further noted, “Archaeological Survey of India has not taken any steps to place any material before this court regarding any archaeological and/or artistic interest qua tomb.” It also said, as per section 2 (1) of Ancient Monuments Preservation Act 1904, the said monument to qualify as an ancient monument, should be of historical, archaeological or artistic interest.
As for the plea to prepare a master plan, the court said the proposed construction site is 5,823 sq.m which does fall below the threshold limit for Environment Impact Assessment notification. The bench said necessary approvals have to be obtained from the concerned authority of DTCP before going ahead with the construction.
“We make it clear that it is not a case of putting the clock back and it is only a case of averting further sporadic haphazard construction/s and ensure that constructions henceforth are in tune with the master plan.”