Abdul Mobeen Lakho, J: Through this common order, we intend to dispose of both captioned petitions relating to conservation, preservation, protection, rehabilitation & maintenance of historical/ancient sites already declared and enlisted under Sindh Cultural Heritage (Preservation)
Act, 1994 & Sindh Antiquities Act, 1975.
2. In both petitions, it has been prayed that Respondents have completely failed to secure, maintain and preserve the historical sites as the same are depleting, deteriorating seriously due to continuous catastrophes/calamities; besides a humoring annual budget gets exhausted in preserving the Historical sites, but due to disavow act on the part of concerned Respondents, such sites having long standing history and antiquities have scrub intended to the so called effort for its prettification/beautification.
3. In C.P. No.D-1447 of 2020, learned Counsel representing the Petitioner, at the very outset, contended that Lansdowne Bridge, being ingeniously designed Railway Bridge, was completed and opened to traffic on 27th March, 1889; besides it became one of the longest rigid girder bridge in the world; however the said bridge is nowadays in worst condition as its road, iron grills, footpaths and entrance have significantly are wholly damaged and neither none the Railway Department nor Provincial Government departments took efforts to maintain, preserve or uphold such imaginatively bridge, being appurtenance component, which is already declared as antiquity under sub-Section (1) of Section 10 of the Antiquities Act, 1975; besides it having historical value, listed as Protected Sites/ Monuments under Antiquities Act, 1975. He further contended that some permanent employees may be hired, fully equipped with tools to keep the bridge clean; besidesleakage from pipes installed at the wall of the Lansdowne bridge be blocked so that its beautification may be maintained.
4. Compatibly, in connected petition, being C.P No.D-228 of 2021, filed by the Petitioner in person, who is an advocate by profession, in his arguments, asserted that in fact the Province of Sindh with a number of historical sites and the concerned Departments established in this regard to preserve, maintain and uphold; however, due to their dearth of interest, same are at the verge of getting destroyed. He next contended that there is a historical place "Satiyan Jo Astan", which has an intrinsic value and provide a sneak peek into our ancient heritage and it speaks about the place, tradition and historical significance; besides endows with the details about the variety and quality of the material used in its establishment. He further contended that though a massive annual budget has been retained by the Government to preserve, uphold and maintain such historical cenotaphs, but of no avail as such the same are at their lowliest condition and are losing their prominent status.
5. It shall not be excessive to mention here a little brief regarding importance of historical monuments and cultural heritage existing in any country as the same are unique, irreplaceable and matchless construction and reflects architectural astuteness of people in the past that compiled huge structures in the period, when there was no technology; besides such monuments take us to the path of knowing our past and connecting it with the future and makes it easy to analyze the history of the a place; that such monuments helping in educating and imparting every bit and piece of information of the past and make things more interesting; Additionally, it provides the details about the past language and their mode of communication. Needless to emphasis that such monuments also attract the visitors/tourists resulting in growth of economy, foreign currency to a country, hence with these points, it becomes clear that historical monuments are very precious and their conservation, upkeep, preservation and proper maintenance are also essential to enhance their life as it will assist future generations to get the know-how of their ancestors and enlighten with an abundance of knowledge. Moreover, maintaining existing structures is often better than building new facilities and the same will be blessing if the remaining ancient places will remain intact.
6. Arguments heard. Record perused.
7. On issuance of notices, concerned Respondents have shown their appearance and filed their respective statements in this regard, which are taken on record.
8. Pursuant to order dated 01.03.2023, Chief Engineer Sukkur Barrage, Left Bank Region, Sukkur, has filed report/statement, wherein he has categorically mentioned that the Lansdowne Bridge, (The Bridge) being national heritage, has almost completed its more than one century period; however, concerned Respondents have failed to preserve, maintain or uphold its status, as the road surface over the bridge as well as pedestrian path are in dilapidated condition requiring emergent rehabilitation/maintenance to ensure smooth and safe passage of both the road vehicles and pedestrians. Moreover, it is stated that the Pakistan Railways, had been approaching to concerned provincial departments through repeated letters since 2015 for transfer of The bridge from Railways Authorities to the Provincial Government as well as repairing the road on old Sukkur Channel bridge and Lansdowne bridge over river Indus Sukkur, but no positive response has been noticed by the Provincial Government. It is further stated that, there is need to construct chequered plate pedestrian path sides instead of RCC/ Wooden planks as said plates are being used nowadays in such like bridges, which make safe and secure.
9. Whereas, in pursuance of the orders dated 01.03.2023 & 03.03.2023, Mr. Qasid H. Mallah, Professor Archaeology, Shah Abdul Latif University, Khairpur, has submitted detailed report, wherein he has pointed out each and every mode of structures of historical sites, which are being seriously damaged due to inattentiveness as well as catastrophes, with photographs, hence needs stringent efforts for preservation and rehabilitation.
He also briefed regarding history of Bakhar, which comprises on Lakhan Jo Daro, Bakhar Fort, Arore Fort and Satian Jo Astan, whereupon all the respective parties including Railways department agreed for taking sincere efforts with regard to preservation of oldest history of South Asia. This Court has appreciated the efforts taken by Mr.Qasid H. Mallah as he deserves and directed the Additional Registrar of this Court to issue him appreciation certificate on behalf of this Court. It shall be advantageous to affix complete report, comprising on photographs submitted by Mr. Qasid H. Mallah is as under:-
10. Whereas, pursuant to order dated 07.03.2023, Director General (Antiquities & Archaeology), Government of Sindh, has submitted report and it is firmly stated that undeniablyCantilever Bridge/ Lansdowne Bridge, Sukkur is already declared as historical site and enlisted under Protected Sites/ Monuments under Antiquities Act, 1975. In support of his contention, he has annexed a Notification dated 09.03.2007, whereby Federal Government has declared Cantilever Bridge/Lansdowne Bridge as a protected antiquity under Sub-Section (1) of Section 10 of the Antiquities Act, 1975. It shall be conducive to affix copy of the notification dated 09.03.2007 as under:- However, he assures that the Antiquities and Archaeology Department, Government of Sindh is ready to provide technical assistance to any department for conservation, preservation and rehabilitation of such old bridges/ancient sites.
11. Additionally, Deputy Commissioner, Sukkur, has also filed compliance report, wherein he has submitted that all kind of religious political, commercial banners, boards and posters from the walls of the bridge have been removed including encroachment from the entrance and exit points of the bridge including fish and fruit vendors. He further submitted that the endowment fund society has been established for securing/renovation of heritage of historical sites existing in District Sukkur.
12. It is pertinent to mention here brief history of 'Lansdowne Bridge and 'Satiyun Jo Astan as inscribed is as follows:- Lansdowne Bridge "An ingeniously designed Lansdowne railway bridge on the River Indus, was completed and opened to traffic on March 27, 1889 and hence it become one of the longest rigid girder bridges in the world. The bridge hugs together twin cities of Rohri and Sukkur and hence reducing the time and space. It is regarded as a great feat of engineering of 19th century. It is a suspension bridge, (pillar less, weighing 30,300 tons). The bridge spans 200 feet in the center, and extends 310 feet on each bank, a total length of 820 feet and its width is 15 feet. Moreover, it has the longest cantilever span in the world and thus it is accredited as a monument of engineering feat.
The proposal to construct the bridge was floated between 1872 and 1874. The material was imported from abroad and it began reaching the site in 1879. Expenditure on the bridge was estimated at about Rs.3,375,000. The contract of the bridge was awarded to the Westwood and Bailey Company of England, and Mr. F.A Robertson was the Chief Engineer. It was inaugurated by Lord Reay, then Government of Bombay, which was largely attended by dignitaries from all over Sindh. The bridge was named after Lord Lansdowne, then Governor General.
Satiyan Jo Astan Satian jo Aastan site is known as the resting place of seven pious & prestigious ladies. According to the folks these women resided here in a hill cave & veiled them secure from all males. One day they heard of a tyrant Raja who desired to see them in front of him. Feeling very sacred & feared they started praying for protection of their piousness. Suddenly the earth turned downwards & they were draped in the cave. This place gave them eternal shelter when their honour was in danger. Knowing about the folk tale the than Governor of Bakhar Mir Abul Qasim Namkeen (1553-83) ordered to protect the cave and decorate the adjacent area. The hillock was levelled in rectangular shape. The ground floor was distributed in seven rooms or Hujras for visitors' stay & one of them was dedicated to seven sisters & kept closed. From within a 25 step stair led to the upper platform. Tradition states that on this beautiful location and peaceful surrounding when construction of a fine complex was completed Mir Abul Qasim Namkeen used to retire here in full moon nights with friends and courtiers. All those were entertained with music, mangoes & waterm elons. As per his desire he was buried here after death . Hence forth it was turned into the family grave yard of Sabzwari syeds. Except others here are 17 graves of Mir Abil Qasim family constructed from Ochre stone. Inscriptions & Qranic verses in finest Naskh script adorned these structures. The famous colourful glazed tiles were also used to enhance the aesthetic impact . Though the place was as " khani Qabrustan " however- it is more popularly known as "
Satian jo Aastan
13. At this juncture, the learned Counsel representing the petitioner in C.P. No.D-1447 of 2020, as well as the petitioner in person in C.P. No.D-228 of 2021 argued that these petitions may be disposed of with directions to the concerned departments to preserve, upkeep and maintain the historical sites on permanent basis, because it not only protects cultural heritage, but fulfills need to connect to the past while providing a framework of ideals for future though maintaining a sense of permanency and heritage of the city; besides make it more valuable for the country to attract visitors including foreigners, promote tourism and boost the economy of the country.
14. In view of above, captioned petitions are disposed of accordingly by issuing following directions to the Secretary Culture, Archeology Departments and Secretary Schools Education department to ensure:- To declare lands down bridge and Sukkur Barrage as heritage properties and notify the same within one month; Permanent preservation and proper maintenance of historical sites Establishment of information desks at historical sites; Establishment of labs for Scientific research and archaeological discoveries coupled with arranging seminars; Promote cultural, national and local identity; Inspiration for artistic and creative endeavors; Tourist guide shall be appointed to assist the tourists; besides provide them information regarding such historical sites. Tours may be arranged for schools and colleges students for inculcating them knowledge about such a historical site especially the bridge unique in the world.
Public at large may be sensitized through print, electronic and social media for ownership and protection of the site instead of depending on the state authorities. Secretary Schools & Education Department shall ensure introduction of lands down Bridge and Sukkur Barrage in the syllabus upto elementary school with regard to history, architectural and scientific value of lands down and Sukkur Barrage from upcoming academic year 2023-2024. Secretary Education shall notify a committee including competent engineers, archeologists and educationalists, who shall prepare a comprehensive story/introduction to be added in the syllabus as above.
Office. Learned MIT-II shall ensure compliance and translation of the judgment in Sindhi in Urdu.