"We have been there. If we allow you, then it will give me pain for my entire life. Let other bench hear and decide it," Justice J S Khehar, who is heading the bench that also included Justice C Nagappan, said while referring the matter to the Chief Justice of India for further allocation.
The Ministry of Culture has moved the court seeking its nod for restoration of Rabindra Rangashala on the ground that no concrete structure will be set up and it is an attempt to revive the amphitheatre in the Upper Ridge area where several schools and Ganga Ram Hospital are running with the permission of this court.
To this, the bench said that there are a huge number of trees which will be affected if this open air theatre, with a seating capacity for 8,000 people, is restarted.
Rohatgi said that the entire area is spread over 800 acres of land and the theatre occupies only 37 acres.
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The bench also took on record the Environment Impact Assessment (EIA) Report filed by Forest Advisory Committee of the Ministry of Environment and Forests in compliance with an earlier order of the court.
"Since removal of vegetation from renovation area is envisaged, therefore, it may affect the ecology of the area. The soil quality of the area may get disturbed if construction debris are not managed properly," the report has said.
On February 26, the apex court had asked MoEF to file EIA, with regard to the proposal of renovation.
The structure, conceived and created by the Rabindranath
The unique open air theatre is lying abandoned for the last two decades after the Centre on the Supreme Court's intervention declared the Ridge area a reserved forest in the mid-1990s.