Judgment Search Results Home > Cases Phrase: ancient and historical monuments and archaeological sites and remains act 1961 section 8 application of endowment to repair a protected monument Page 1 of about 6 results (0.197 seconds)

The State of Karnataka Rep. by Its Chief Secretary and ors. Vs. Sri Sr ...

Court : Karnataka

Reported in : ILR2008KAR5031; 2009(3)KarLJ674; 2009(1)KCCR153

..... the government of karnataka exercising the power under section 4 of the karnataka ancient and historical monuments and archaeological sites and remains act, 1961 (hereinafter referred to as the 'act' for short) declared the said 'janana mantapa' as a protected monument initially under a notification dated 15.4.1997, which was questioned before this court in w.p. no. ..... apart from the fact that the notification suffers from non-application of mind, the same is also malafide for the reason that the same is issued at the instance of certain persons who had failed in their attempts earlier in securing occupancy rights in respect of the lands and in this regard the learned senior counsel referred to the details of the several rounds of litigation regarding the same. ..... the notification dated 18.6.2001 also lacks application of mind since the declaration of the protected area to the extent of 300 meters all around it, would mean that an area of 74.60 acres would be covered by the same which in fact has been indicated by the town development authority and as such from out of the total extent of 136 acres available in chamarajanagar town, if an extent of 70 acres is declared as protected area, the same would not only be counter productive but would also ..... therefore at the outset the notification suffers from non-application of mind to the relevant facts before exercising the powers under section 4 and 19 of the act.25. .....

Joseph Pothen Vs. State of Kerala

Court : Supreme Court of India

Reported in : AIR1965SC1514; 1965(0)KLT633(SC); [1965]2SCR868

..... , the ancient monuments preservation act, 1904, in the year 1951 to kerala, as the said act covered the same field occupied by the state act, or at any rate the said regulation was impliedly repealed by the ancient and historical monuments and archaeological sites and remains (declaration of national importance) act, 1951 (act lxxi of 1951) and the ancient and historical monuments and archaeological sites and remains act, 1958 (act xxiv of ..... the learned counsel for the petitioner call in aid the ancient and historical monuments and archaeological sites and remains (declaration of national importance) act, 1951 (act lxxi of 1951), to sustain his argument. ..... order the government considered the fort walls around the sree padmanabhaswamy temple as of archaeological importance and that they should be preserved as a protected monument. ..... that order the state government issued a notification dated october 3, 1963, declaring the said walls to be a protected monument for the purpose of the said regulation. ..... but section 3 of the part b states (laws) act, 1951, made the application of the central act to the state subject to an ..... record placed before us discloses that the state proceeded on the basis that the fort wall was a monument the notification dated october 3, 1963, issued by the state government described the wall as a protected monument. ..... the petitioner has possessory title in the wall and is, therefore entitled to be protected against interference with that right without the sanction of .....

Srikantadatta Narasimha Raja Wodeyar and ors. Vs. State of Karnataka b ...

Court : Karnataka

Reported in : ILR2003KAR2711; 2004(3)KarLJ136

..... the government of karnataka issued notification at annexure-e and f dated 10.8.2000 in w.p.no 34400/2001 under section 4(1) of the karnataka ancient and historical monuments and archaeological sites and remains act, 1961 (karnataka act no 7 of 1962)(herein after in short called as 'act') for declaring it as a protected monument. ..... by this court subsequently, the petitioners have filed applications for amendment of the writ petitions seeking additional prayer to strike down act no 7/1962 as being void and unconstitutional, to quash rule 11 of the karnataka ancient and historical monuments and archaeological sites remains rules, 1965 (hereinafter referred to as 'the rules') and the notification at annexure-v and w dated 18.6.2001 by which 100 + 200=300 meters adjoining area of janana mantapa as prohibited and protected area to the janana mantapa which is declared as protected monument thereby prohibiting mining or construction activities within that area ..... to be protected monuments but which have not been declared by or under law made by parliament to be of national importance, shall be deemed to be ancient and historical monuments of archaeological sites and remains declared to be protected monuments or protected area, as the case may be, under this act. .....

B.V. Narayana Reddy and ors. Vs. State of Karnataka and ors.

Court : Karnataka

Reported in : AIR1985Kant99; ILR1984KAR631

..... 226 of the constitution raises an interesting question as to the scope of the karnataka ancient and historical monuments and archaeological sites and remains act, 1961 ('act' for short). ..... b raikar urged is that having regard to the scheme of the act, the act is not applicable to, or attracted in case of, a building owned by government and that, therefore, question of compelling government to consider the question of declaring 'attara cutcherry' as a protected monument under the act does not arise.sri raikar says that s. ..... in the house of lords, lord chancellor (earl cairns) adverting to the words 'it shall be lawful' occurring in the third section of the church discipline act asked:'under the words 'it shall be lawful' is the bishop bound, on the application of any party, to issue a commission or has he a discretion as to whether he will issue. ..... 8 to 18 provide for repair, maintenance of protected monuments and enforcement of agreements, sees. ..... in certain jurisdictions it is provided by statute that each county must erect a courthouse at the country seat and keep it in repair. ..... ''moreover the existing building if repaired will not be as safe as the new building. ..... '' even if extensive repairs are carried out for the existing building, it was felt that the accommodation available in the present building is wholly insufficient to meet the needs of the high court.........'. 11. .....

B. Veera Reddy Swamy Vs. Station House Officer, Kolimigundla Police St ...

Court : Andhra Pradesh

Reported in : 2001(1)ALD9; 2001(1)ALT83

..... ancient and historical monuments and archaeological sites and remains act, 1960 (act vii of 1960) ('the act' for brevity), that the said provisions of the act were not followed properly and that no notice as contemplated under section 4(1) and 4(3) of the act was given to the petitioner. ..... under sub-section (1) section 4, where the government are of the opinion that any ancient monuments which are not included in the category of ancient monuments under the provisions of ancient monuments preservation act, 1904 (act 7 of 1904), hyderabad ancient monuments preservation act, 1337-f (hyderabad act viii of 1337-f), are required to be treated as monument, they may, by notification in the andhra pradesh gazette,give two months notice of the government's intention to declare such monument to be protected monument. ..... he sought for a declaration that the action of the respondents in interfering with peaceful and religious and spiritual activities of the petitioner and his devotees to perform 'pooja', meditation, religious discourses at 'belum caves', without acquiring any right or power under the act and the andhra pradesh ancient and historical monuments and archaeologicalsites and remains rules, 1961 ('the rules' for brevity). ..... the government came forward with an application being wv mp no.3508 of 1999 praying to vacate the interim order dated 8-10-1999. .....

Emca Construction Co. Thr. M.P. Gupta Vs. Archelological Survey of Ind ...

Court : Delhi

Reported in : 164(2009)DLT515

..... that there was no formal declaration under the 1958 act declaring humayun's tomb to be a protected monument; that only a monument declared to be of national importance can be declared to be a protected monument in terms of section 2(j) of the 1958 act; in the absence of such declaration it is the delhi ancient and historical monuments and archaeological sites and remains act 2004 (the delhi act. ..... dated 28.2.2008 by the superintending archaeologist (sa) addressed to the appellant reads as under:sir,with reference to your application dated 23.11.07 on the subject cited above, i inform you that the site under reference falls in the prohibited area of south wall of humayun's tomb, a centrally protected monument at a distance of 82m. ..... rule 10 of the 1959 rules, permission could be sought from the central government for construction in a protected area and that is how the application to the asi and the further appeal to the dg, asi was made. ..... we direct the asi through its dg to forthwith stop accepting and processing any application for grant of permission for construction/renovation of any structures or buildings in a prohibited area and to also stop accepting appeals against any orders that may have been issued ..... is that the committee of the asi, which has no legal basis for its functioning, has been examining applications and granting permissions for constructions within 100m of the protected monuments contrary to the notification dated 16.6.1992, without any guidelines whatsoever. .....

The Indian National Trust for Architectural and Cultural Heritage (int ...

Court : Chennai

..... ancient and historical monuments and archaeological sites and remains act (25 of 1966) was enacted to provide for the preservation of ancient and historical monuments and archaeological sites and remains other than those of national importance, for the regulation of archaeological excavations and for the protection of sculptures, carvings and ..... repairing, restoring and cleaning of a protected monument, and the doing of any act which may be necessary for the purpose of preserving a protected monument or of securing convenient access thereto;(h) 'owner' includes-(i) a joint owner invested with powers of management on behalf of himself and other joint owners and the successor-in-office of any such owner, and(ii) any manager or trustee exercising power of management and the successor-in-office of any such manager or trustee;(i) 'protected area' means any archaeological site and remains which is declared to be a protected area under this act;(j) 'protected monument' means any ancient monument which is declared to be a protected monument ..... and conditions on the leasehold plots whether by state government or by chennai municipal corporation or any other government or quasi government agency including hindu religious and charitable endowment ..... of transferable development rights in cases of loss of development rights: if any application for development on a private land is refused under this regulations or conditions ..... is bound by section 6 of the life insurance corporation act, 1956 to carry .....

Pogakula Laxmireddy and Others Vs. the Prinicipal Secretary to Govt. o ...

Court : Andhra Pradesh

Reported in : AIR1997AP6

..... ancient and historical monuments and archaeological sites and remains act of 1960 may be invoked as and when applicable and the connected officers may be associated suitably;d) adequate bandhobust arrangements may be made to meet any exigencies arising out of the excavation;e) prompt and affective action may be taken if any treasure is found.a detailed report may be submitted to the government ..... the director of archaeology and museum, government of andhra pradesh also filed counter-affidavit stating that the government have not notified the chinthamanu muttam as a protected ancient monument under the a. ..... been observed that it is a case where chinthamanu mutt was being treated as a place of worship by all sections of the society and since the mutt is not covered by the endowments act, the government or its subordinates have no power or jurisdiction to interfere with the religious practices. ..... but, at the same time, he asserts that the government have power to protect the public interest and for that purpose it is necessary to make the arrangements at the time of unearthing ..... under the constitutionof india, not only protects the freedom of religious opinion, but it protects also acts done in pursuance of religion. ..... the government issued instructions to protect the muttam and the treasure if any found during the excavation as ..... alerted the machinery at the district level to oversee the operations, so that if kala gnanam bhandaru is unearthed, it is to be protected in accordance with law. .....

Rajashekhar and Another Vs. State of Karnataka and Others

Court : Karnataka

Reported in : AIR2000Kant215; ILR1999KAR3714; 1999(6)KarLJ219

..... acts/rules/orders:constitution of india - articles 21, 162 and 226;karnataka ancient and historical monuments and archaeological sites and remains act, 1961 - section 4(1);karnataka country and town planning act, 1961;karnataka irrigation act - section 29cases referred:m.c. ..... the karnataka ancient and historical monuments and archaeological sites and remains act, 1961 defines monument to mean any structure, erection or monument, or any tumulus or place of interment, or any cave, rock-sculputure, inscription or monolith which is of historical, archaeological or artistic interest and which has been in existence for not less than one hundred years. ..... but that will not help the petitioners inas much as section 4(1) of the act vests discretion in the state government to declare such an ancient monument as a protected monument and to make provision for its preservation. ..... mehta's case, supra, examined the public trust doctrine under english common law and the american law and of its application to the indian conditions and they read as follows:'33. ..... it is stated that the manner in which the decision to demolish the tank for developmental activity, show lack of application of mind, vitiating the decision.5. .....

Shri Ashok Kumar Vs. Union of India (Uoi) and ors.

Court : Delhi

Reported in : 111(2004)DLT230; 2004(74)DRJ144

..... the term 'ancient monument' and 'protected monument' were defined in section 2(a) and 2(j) of the act as under'-'2(a) 'ancient monument' means any structure, erection or monument, or any tumulus or place of interment, or any cave, rock sculpture, inscription or monolith, which is of historical, archaeological or artistic interest and which has been in exercise for not less than one hundred years, and includes_ i) the remains of an ancient monument,ii) the site of an ancient monument,iii) such portion of land adjoining the site of an ancient monument as may be required for fencing or covering in or otherwise preserving such monument, andiv) the means of access to, and convenient inspection of an ancient monument;' '2(j)__ 'protected monument' means an ancient monument which is ..... and others : air1990delhi282 where it was held that land falling in extended abadi can be utilized for purposes other than those specified in section 313 of the delhi municipal corporation act, 1957 and no prior written application for sanction of lay-out plan was contemplated under section 313 of the said act ..... that we have to consider is once the provisions of the delhi land reforms act are applicable on account of the same falling within section 3(13)(b), whether the same would continue even if it is ceased to be ..... or not by virtue of urbanization permission was required is of no consequence since the present proceedings are not for determining applicability of the delhi municipal corporation act, 1957. .....