Gauhati HC overturns 2005 heritage status for Guwahati Christian cemetery

Guwahati, Dec 3: The Gauhati High Court, on Tuesday, has overturned the District Magistrate's 2005 decision to declare a Christian cemetery in Guwahati’s Chennikuthi, a heritage site.

A Bench of the Chief Justice and Justice K. Goswami in a writ appeal observed that the District Magistrate doesn’t have the authority to declare the cemetery a heritage site, as “this power lies solely with the State Government under the Assam Ancient Monuments and Records Act, 1959”.

The court also clarified that any such action must comply with the legal procedures outlined by the Assam Heritage (Tangible) Protection, Preservation, Conservation and Maintenance Act, 2020.

The court highlighted that the Act prescribes a specific process for designating a monument as protected, which includes a thorough inquiry by the Superintendent of Archaeology to assess the site's antiquity, followed by recommendations from the Deputy Commissioner.

The court's ruling came in response to writ appeal No. 225/2014, filed by representatives of the Christian community in the city. The cemetery had been designated as a heritage site by the District Magistrate in 2005.