Judgment Search Results Home > Cases Phrase: ancient monuments and archaeological sites and remains act 1958 section 24 excavations etc for archaeological purposes Page 10 of about 109 results (0.310 seconds)

Suresh Chand Gupta & Anr vs.archaeological Survey of India & Ors

Court : Delhi

..... he also referred to section 20a(4) of the act to hold that the said section make it abundantly clear that no permission will be granted under section 20a(3) of the act in the prohibited area after the date on which the of the ancient monuments and archaeological sites and remains (amendment and validation) bill, 2010 receives the assent of the president. ..... it was the case of the appellants that the other persons who owned land in the vicinity of the monument had constructed buildings prior to the amendment in the ancient monument and archaeological site and remains act, 1958, by virtue of which any further construction in the prohibited zone, is prohibited . ..... insofar as the plea no.1 above is concerned, the learned single judge has rejected the same by relying upon section 20a of the aforesaid act whereby sub section 3 and 4 of the said section indicates that in certain exceptional cases, permission could be granted for carrying out any work or project, where the central government is satisfied that the permission is for carrying out any public work or any project essential to the public or any other works, which are in public interest. ..... in so far as plea related to section 27 for award of compensation is concerned, we agree with the conclusion of the learned single judge that compensation is only contemplated in cases of any entry or excavation or where a loss is caused by exercise of any power under the act. .....

Yusuf Ajij Shaikh and Others Vs. Special Land Acquisition Officer and ...

Court : Mumbai

Reported in : AIR1994Bom327; 1994(4)BomCR175; (1995)97BOMLR823; 1995(1)MhLj483

..... acquisition was challenged mainly on the following grounds :(i) there can be no second acquisition; (ii) it was malicious and therefore illegal; (iii) the property is more than 200 years old and covered by the provisions of the ancient monuments and archaeological sites and remains act, 1958 (hereafter referred to as the ancient monument act). ..... appellants herein filed the suit against the respondents for a declaration that the suit property is an ancient monument and structure of archaeological importance and for permanent injunction restraining them from acquiring the land. ..... as such it is an ancient monument and structure of archaeological importance and, therefore, the same cannot be acquired. ..... was denied that the structure is covered by the ancient monument act.6. ..... is very clear that this act has been enacted for the limited purpose to prohibit and punish one section or community who illegally takes over the land of religious worship of another community or section and changes its character. ..... submits that this is also clear from section 6 which provides for punishment for contravention of section 3, section 6(1) provides for punishment to person who contravenes section 3 with imprisonment for a term which may extend to three years and shall also be liable to pay fine. ..... is true that earlier part of the land came to be acquired for the purpose of road widening and award in that respect was also passed in 1966. ..... ban is on persons to convert, alter or change from one section etc. .....

Most. Rev. P.M.A. Metropolitan and Others, Etc. Etc. Vs. Moran Mar Mar ...

Court : Supreme Court of India

Reported in : AIR1995SC2001; JT1995(5)SC1; 1995(4)SCALE1; 1995Supp(4)SCC286; [1995]Supp1SCR542

..... sub-section (1) and sub-section (2) shall apply to, - (a) any place of worship referred to in the said sub-sections which is an ancient and historical monument or an archaeological site or remains covered by the ancient monuments and archaeological sites and remains act, 1958 (24 of 1958) or any other law for the time being in force; (b) any suit, appeal or other proceeding, with respect to any matter referred to in sub-section (2), finally decided, settled or disposed of by a court, tribunal or other authority before the commencement of this act. ..... the right of parishioners has been described, 'to enter the church remain there for purpose of participating in divine worship to have a seat and to obey the reasonable directions of the church to ordain', the ..... explanation i - a suit in which the right to property or to an office is contested is a suit of a civil nature, notwithstanding that such right may depend entirely on the decision of questions as to religious rites or ceremonies.explanation ii - for the purposes of this section , it is immaterial whether or not any fees are attached to the office referred to in explanation i or whether or not such office is attached to a particular place.one of the basic principles of law is that every right has a remedy ..... control have been thus different in different ages depending on the terms of creation of the trust, the purpose and objective of its establishment, the personality of the person occupying it, the financial strength of it etc. .....

Ms.Khivraj Housing Pvt. Ltd. Vs. the Principal Secretary and Commissio ...

Court : Chennai

..... 3/1a, 3/1b, 3/1c, 3/2, 6, 138/1 pt, 138/2b pt, 139 pt, 140 pt, 141/1 pt, 141/2 pt, 145/1a pt, 146, 147/1a and 147/1b of thiruneermalai village, alandur taluk, kancheepuram district in accordance with the ancient monuments and archaeological sites and remains (amendment and validation) act 2010.o r d e r1. ..... in view of the prayer sought for and the submission made by the learned additional government pleader, the first respondent is directed to consider the representation/request of the petitioner on merits and in accordance with law expeditiously, preferably within a period of four weeks from the date of receipt of a copy of this order. 6. ..... the representation dated 10.8.2011 was acknowledged and a reply letter dated 5.9.2011 has been sent by the administrative officer for superintending archaeologist stating that the issue is pending before the first respondent. ..... writ petition is filed under article 226 of the constitution of india praying to issue a writ of mandamus, directing the first respondent to grant permission on petitioner application dated 10.8.2011 for the grant permission to construction activities to the property situated at s.no.1/1a pt. 1/1b pt, = pt, 1/3 pt. 2/1a pt, 2/1b pt. ..... this writ petition is filed praying to issue a writ of mandamus, directing the first respondent to grant permission on petitioner's application dated 10.8.2011 for grant of permission to construction activities to the property situated at s.no.1/1a pt. 1/1b pt, = pt, 1/3 pt. 2/1a pt, 2/1b pt. .....

Delhi State Bharat Scouts and Guides Vs. Land and Development Office

Court : Delhi

..... the moud for transfer of the land measuring 9.86 acres to them in accordance with the provisions of the ancient monuments and archaeological sites and remains act, 1958 (amasr act). ..... the lease deed acknowledged that on the leased land there were certain monuments which were protected monuments within the meaning of the ancient monuments preservation act, 1904. ..... alia, mandated that within a year of the allotment, the petitioner would erect on the land a camp with a chowkidars hut and a storeroom for camp equipment with all necessary sewers drains and other appurtenances in accordance with plans prepared and submitted in consultation with the archaeological department and the consulting architect to the government of india and approved in writing by the chief commissioner, delhi. ..... mandated that the lessee will not without the consent of the lessor "carry on or permit to be carried on any trade or business whatsoever or use the same or permit the same to be used for any purpose other than that of a camping ground or do or suffer to be done therein any act or thing whatsoever which in the opinion of the chief commissioner of delhi may be an annoyance or disturbance to the governor general in council or his tenants in the new capital of delhi. ..... is to the effect that "the bharat scouts and guides have agreed to remove their articles etc. ..... 19.6.2007 requested the honble monitoring committee to de-seal the main gate for two days so that they can remove the almerias & big furniture etc. .....

Balbir Singh Saini vs.archaeological Survey of India and Ors

Court : Delhi

..... 2016 page 1 of 3 municipal corporation act, 1957 but also of the ancient monuments and archaeological sites and remains act, 1958.2. ..... even more serious given the fact that the said construction is restricted under ancient monuments and archaeological sites and remains act, 1958.4. ..... versus archaeological survey of india and ors ..... affidavit of the sdmc would show that despite notices issued in 2010, four storey building has not only been permitted but has been continuing and the sdmc is propounding untenable excuses for not completing the demolition action pursuant to its own demolition notices. ..... justice c.hari shankar judgment (oral) gita mittal, acting chief justice1 this writ petition has been filed complaining illegal and unauthorized construction in the property bearing no.75, masjid moth village, new delhi in violation of not only the provisions of the ..... affidavit has been filed by the south delhi municipal corporation submitting that the property bearing no.76, masjid moth village, new delhi stood booked for unauthorized construction by a notice dated 9th august, 2010 and a demolition order was passed. ..... made clear that if the action in terms of the notices and orders of the sdmc, as noted above, is not carried out, stringent action shall be taken against the person responsible for the same. ..... (c)no.9944/2016 page 2 of 3 counsel for the respondent no.2 sdmc that the demolition of the entire structure shall be completed at ..... goel, standing counsel for r-2 with ms. ..... for r-4 ..... for uoi .....

Chintan Upadhyay Vs. Hema Upadhyay and Another

Court : Mumbai

..... paper, slide, film, writing, drawing, painting, photography, representation or figure is in the interest of science, literature, art, or learning , art, or learning or other objects of general concern; or (ii) which is kept or used bona fide for religious purpose; (b) any representation sculptured, engraved, painted or otherwise represented on or in (i) any ancient monument within the meaning of the ancient monument and archaeological sites and remains act, 1958 (24 of 1958); or (ii) any temple, or on any car used or the conveyance of idols, or kept or used for any religious purpose; (c) any film in respect of which the provisions of part ii of the cinematograph ..... exception this section does not extend to (a) any book, pamphlet, paper, writing, drawing, painting, representation or figure - (i) the publication of which is proved to be justified as being for the public good on the ground that such book, pamphlet, paper, writing, drawing, painting, representation or figure is in the interest of science, literature, art or learning or other objects of general concern, or (ii) which is kept or used bona fide for religious purposes; (b) any representation sculptured, engraved, painted or otherwise represented on or in (i) any ancient monument within the ..... (1) to section 292 states that the publication of a book, pamphlet, paper, writing, drawing, painting, representation, figure, etc. ..... , section 4 takes within its fold production, sale, letting on hire, distribution, circulation etc. .....

Forum For Peoples Collective Efforts (fpce) Vs. The State Of West Beng ...

Court : Supreme Court of India

..... barred. the provisions of this act shall be in addition to, and not in derogation of, the provisions of the ancient monuments preservation act, 1904 (7 of 1904) or the ancient monuments and archaeological sites and remains act, 1958 (24 of 1958), or any other law for the time being in ..... . for the purposes of this section, (a) "chartered accountant" means a chartered accountant as defined in clause (b) of sub-section (1) of section 2 of the chartered accountants act, 1949 or any other law for the time being in force and who has obtained a certificate of practice under sub-section (1) of section 6 of that act; (b) "company secretary" means a company secretary as defined in clause (c) of sub-section (1) of section 2 of the company secretaries act, 1980 or any other law for the time being in force and who has obtained a certificate of practice under sub-section (1) of section 6 of that act; (c) "cost accountant" means a cost ..... service 21 part e section and title provision section and title of wb-hira of rera personnel; (v) installations of central services such as electricity, gas, water and sanitation, air- conditioning and incinerating, system for water conservation and renewable energy; (vi) the water tanks, sumps, motors, fans, compressors, ducts and all apparatus connected with installations for common use; (vii) all community and commercial facilities as provided in the real estate project; (viii) all other portion of the project necessary or convenient for its maintenance, safety, etc .....

Jai Pal Vs. Uoi

Court : Delhi

..... they alleged that they have invested a huge amount of money and the respondent/dda was threatening to dispossess them from the said land by taking the plea that the land in question was notified under section 9 of the ancient monuments and archaeological sites & remains act, 1958 and accordingly, the provisions of the public premises act and other statute were sought to be invoked by the dda in the said case.6. ..... a gazette notification dated 12.11.87 was issued and published in part-ii section 3(ii) of the gazette of india dated 5.12.87 expressing the intention to declare the monument which was situated on the land in question as a centrally protected monument and accordingly, the land around the same was acquired.8. ..... of archaeology for permanent injunction. ..... this is a regular second appeal which has been pending for the last nearly ten years and till date no substantial question of law has been formulated.3. ..... it was alleged since the defendant in the suit was threatening demolition and dispossession, therefore, the suit was filed for permanent injunction. ..... opd (ii) whether the suit is not maintainable for mis-joinder of unnecessary parties? ..... on the pleadings of the parties, the following 6 issues were framed: (i) whether the suit is not maintainable for want of cause of action? ..... a request for adjournment is made by the son of the appellant on the ground that the counsel for the appellant is down with fever.2. ..... opd (v) whether the plaintiff is entitled to the relief as prayed for? .....

New Delhi Municipal Council Vs. Association of Concerned Citizens of N ...

Court : Supreme Court of India

..... page 55 of 72 prohibited or regulated area declared by the archaeological survey of india under the ancient monuments and archaeological sites and remains act, 1958 (including the rules framed thereunder), and given that building bye-laws require certain setbacks to be left vacant, the unconstructed/vacant land is often not capable of being built upon. ..... high court, he argued that it has proceeded on the basis that the concept of annual value sought to be introduced by the ndmc (determination of annual rent) bye-laws, 2009 is completely alien to the statutory scheme of the ndmc act on the following basis: (i) bye-law 2 of the 2009 bye-laws provides that for the purposes of section 63(1) the annual rent for which the lands and buildings are expected to let from year to year shall be determined in terms of bye-laws ..... bye-law 6 of the delhi municipal corporation (property taxes) bye-laws 2004 goes so far as to exempt land or buildings used for charitable purposes such as orphanages, hospitals and schools that are free of cost, etc. ..... in this calculation, use wise categorization is done, nut just into residential and other than residential , but into categories like business building, mercantile building, building for recreation, public purpose building, etc. ..... does not change and there is no qualitative and quantitative difference in the same for firms, companies, trusts etc. ..... the guntur town (ii) rate payers association etc.12 (iii) dewan daulat rai kapoor vs. .....