Court : Chennai
..... ancient monuments and archaeological sites and remains act, 1958 (24 of 1958) or any rule, order or notification made thereunder for carrying out any repair, renovation or construction work or for undertaking any public work or public project before the commencement of this act; (c) no claim or challenge shall be made in or entertained by any court, tribunal or other authority solely on the ground that the central government or the director general did not take into consideration any of the provisions of the ancient monuments and archaeological sites and remains act, 1958 (24 of 1958), as amended by the ancient monuments and archaeological sites and remains (amendment and validation) act, ..... supreme court and during the pendency of the appeal before the supreme court, the ancient monuments and archaeological sites and remains act,1958, was amended by the ancient monuments and archaeological sites and remains act (amendment and validation) act,2010, and sections 20-a and 20-b ..... and as the above said survey nos.67,69/2, and 69/3a1 and t.s.no.4, block no.11, ward c of zamin pallavaram village, pallavaram municipality, tambaram taluk, kancheepuram district fall within the notified area, they have insisted by a letter not ae/o&m/pallavaram east/f.doc/no.72, dated 21.06.2012, on the petitioner to produce no objection certificate (noc) from the competent authority under the ancient monuments and archaelogical sites and remains (amendment and validation) act 2010, in short, "the .....
Tag this Judgment!Court : Madhya Pradesh
..... considering the provisions of act of 1951, act of 1958 and also the ancient monuments and archaeological sites and remains (amendment and validation) act, 2010 we do not find any merit in this petition. ..... section 3 of the act of 1958 declares that all ancient and historical monuments and archaeological sites and remains which have been declared by the ancient and historical monuments and archaeological sites and remains (declaration of national importance) act, 1951, or by section 126 of the state re-organisation act, 1956, to be of national importance shall be deemed to be ancient and historical monuments or archaeological sites and remains declared to be of national importance for the purpose of this act. 16. ..... -(1) no person shall - (i) erect or re-erect any building; or (ii) commence to erect or re-erect any building; or (iii)make any material external alteration to any building; or (iv) construct or re-construct any projecting portion of a building which the commissioner is empowered by section 305 to require to be set back or is empowered to give permission to construct or re-construct,- (a) unless the commissioner has either by an order in writing granted permission or has failed to intimate within the prescribed period his refusal of permission for the .....
Tag this Judgment!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 2010.2. ..... 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. ..... according to the second respondent, the said area falls under protected area in accordance which the ancient monuments and archaeological sites and remains (amendment and validation) act, 2010. ..... 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. .....
Tag this Judgment!Court : Supreme Court of India
..... by filing writ petition (c) no.96/2011 under article 32 of the constitution of india, the petitioner 1 therein has challenged the constitutional validity of the ancient monuments and archaeological sites and remains (amendment and validation) act, 2010 (annexure p 15).2. ..... having heard the learned counsel for the parties and on perusal of the record of the case, we deem it just and proper to send these writ petitions and the transferred case to the high court of bombay for their disposal on merits in accordance with law.4. ..... in our view, no prejudice is likely to cause to the parties, if these writ petitions and the transferred case are sent to the high court for their hearing on merits of the controversy instead of deciding the issue by this court in the first instance.5. ..... respondent(s) with transferred case (c) no.30 of 2010 and writ petition (c) no.36 of2012judgment abhay manohar sapre, j.1. ..... in view of the foregoing discussion, both the writ petitions and the transferred case (w.p. ..... in connected writ petition and the transferred case, the petitioners have claimed the similar reliefs, which are claimed in the lead writ petition no.96/2011.3. ..... (c) no.30/2010 are sent to the high court for their disposal on merits in accordance with law. ..... (c) no.36/2012 and t.c. .....
Tag this Judgment!Court : Supreme Court of India
..... considered it proper to have the benefit of findings of the high court in relation to the subject-matter and hence, conversely sent the writ petitions pending in this court to the high court with other transferred cases while observing as under:- by filing writ petition (c) no.96 of 2011 under article 32 of the constitution of india, the petitioner therein has challenged the constitutional validity of the ancient monuments and archaeological sites and remains (amendment and validation) act, 2010 (annexure p-15) ..... employee exceeds [seven thousand rupees or the minimum wage for the scheduled employment, as fixed by the appropriate government, whichever is higher].4 per mensem, the bonus payable to such employee under section 10 or, as the case may be, under section 11, shall be calculated as if his salary or wage were [seven thousand rupees or the minimum wage for the scheduled employment, as fixed by the appropriate government, whichever is higher].5 per ..... having regard to the short question before us in this batch of transfer petitions, it does not appear necessary to expand or elongate this order with reference to a wide variety of submissions made before us; suffice it would be to take note of the principal and material submissions in support of the prayer for transfer of the writ petitions to this court, or in opposition thereto, or in support of the alternative proposition of transferring the ..... the high court of madhya pradesh at indore and (ii) writ petition no.7767 / 2020 titled 'm/s .....
Tag this Judgment!Court : Delhi
..... in sub- section (2), in exceptional cases and having regard to the public interest, by order and for reasons to be recorded in writing, permit, such public work or project essential to the public or other constructions, to be carried out in a prohibited area: provided that any area near any protected monument or its adjoining area declared, during the period beginning on or after the 16th day of june, 1992 but ending before the date on which the ancient monuments and archaeological sites and remains (amendment and validation) bill, 2010, receives the ..... president, as a prohibited area in respect of such protected monument, shall be deemed to be the prohibited area declared in respect of that protected monument in accordance with the provisions of this act and any permission or licence granted by the central government or the director-general, as the case may be, for the construction within ..... are alleged to be in violation of rule 33 of the ancient monuments and archeological sites and remains act, 1958 ( act , for short) and rules framed thereunder being ancient monuments and archeological sites rules, 1959, especially section 20a of the w.p. ..... sealing proceeding under section 345-a of delhi municipal corporation act, 1957 ( dmc act , for short) w.p. .....
Tag this Judgment!Court : Supreme Court of India
..... 11 before the date on which the ancient monuments and archaeological sites and remains (amendment and validation) bill, 2010, receives the assent of the president, as a regulated area in respect of such protected monument, shall be deemed to be the regulated area declared in respect of that protected monument in accordance with the provisions of this act and any permission or licence granted for construction in such regulated area shall, be deemed to have been validly granted in accordance with the provisions of this act, as if this section had been in force at all material times. 9. ..... contained in sub- section (2), in exceptional cases and having regard to the public interest, by order and for reasons to be recorded in writing, permit, such public work or project essential to the public or other constructions, to be carried out in a prohibited area: provided that any area near any protected monument or its adjoining area declared, during the period beginning on or after the 16th day of june, 1992 but ending before the date on which the ancient monuments and archaeological sites and remains (amendment and validation) bill, 2010, receives the assent ..... in exercise of power conferred by section 38, the central government enacted the ancient monuments and archaeological sites and remains rules, 1959 ( the rules , for short). ..... 20 no.2431/2006 titled as narender anand archaeological survey of india & ors. ; vs. c. .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... granted for construction in such regulated area shall, be deemed to have been validly granted in accordance with the provisions of this act, as if this section had been in force at all material times. ..... case may be, under section 4a: provided further that any area near any protected monument or its adjoining area declared, during the period beginning on or after the 16th day of june, 1992 but ending before the date on which the ancient monuments and archaeological sites and remains (amendment and validation) bill, 2010, receives the assent of the president, as a regulated area in respect of such protected monument, shall be deemed to be the regulated area declared in respect of that protected monument in accordance with the provisions of this act and any permission or licence .....
Tag this Judgment!Court : Supreme Court of India
..... no doubt that the learned counsel for the appellant is right in relying on sub section (4) of section 20a of the said act 25 which prohibits any permission including the one for carrying out any public work or project essential to the public or other constructions in any prohibited area referred to in sub section (3) thereof on and after the date on which the ancient monuments and archaeological sites and remains (amendment and validation) bill, 2010 receives the assent of the president. ..... mahalakshmi pavani, learned senior counsel submits that in view of sub section (4) of section 20a of the said act, no permission can be granted for carrying out any public work or 5 project essential to the public or other constructions in any prohibited area on and after the date on which the ancient monuments and archaeological sites and remains (amendment and validation) bill, 2010 receives the assent of the president. ms. ..... shri vinay navare, learned senior counsel submits that insofar as the so called no objection certificate ( noc for short) issued by the national monuments authority ( nma for 6 short) dated 4th september, 2021, is concerned, the said authority has no authority in law to permit construction. ..... rao, learned senior counsel appearing on behalf of the archaeological survey of india ( asi for short), mr. .....
Tag this Judgment!Court : Delhi
..... contained in sub-section (2), in exceptional cases and having regard to the public interest, by order and for reasons to be recorded in writing, permit, such public work or project essential to the public or other constructions, to be carried out in a prohibited area: provided that any area near any protected monument or its adjoining area declared, during the period beginning on or after the 16th day of june, 1992 but ending before the date on which the ancient monuments and archaeological sites and remains (amendment and validation) bill, 2010, receives the assent ..... of the president, as a prohibited area in respect of such protected monument, shall be deemed to be the prohibited area declared that protected monument in accordance with the provisions of this act and any permission or licence granted by the central government or the director-general, as the case may be, for the construction within the ..... the provisions of section 20a(4) of the act also make 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, w.p. .....
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