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 ..... ilr2014kar5749wherein a direction was given if and when respondent no.1 makes an application under section 24 of the act or a fresh application for license under rule 14 of the rules, it shall be considered by the state government, in accordance with law. .....
Tag this Judgment!Court : Chennai
..... . against the said decision of the division bench of the delhi high court, asi has moved the 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 were inserted with effect from 16.06.1992 ..... 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 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.. 12.3 .....
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. ..... 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 .....
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
..... 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. ..... 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 ..... no permission, referred to in sub-section (3), including carrying out any public work or project essential to the public or other constructions, shall be granted 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. .....
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 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 the .....
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. .....
Tag this Judgment!Court : Chennai
..... the parliament has recently introduced a bill in the ancient monuments and archaeological sites and remains (amendment and validation) bill, 2010 proposing to insert sections 30-a to 30-c providing for punishment for any construction in the protected and regulated area. ..... however, the respondent no.1 in and by their reply dated 11.04.2008 rejected the said request stating that the temporary construction proposed, falls within 100 metres of the protected area of the monument and hence, cannot be considered as being violative of the provisions contained in the ancient monuments and archeological sites and remains act, 1958 (24 of 1958), the rules made under, read with the amending notification dated 16.06.1992 issued by the government of ..... independence, the government of india realising the utmost necessity to protect the ancient monuments has introduced the ancient monuments and archeological sites and remains act, 1958 (24 of 1958). ..... 10.the ancient monuments and archeological sites and remains act, 1958 (24 of 1958):10.1.the act was enacted by the parliament in the year ..... o r d e rlord curzon, architect of the pathbreaking ancient monuments preservation act, 1904, which is the forerunner to the ancient monuments and archeological sites and remains act, 1958 (24 of 1958), while speaking at the annual meeting of the asiatic society of bengal in the year 1900, has observed as follows: "the historic buildings, the magnificent temples, the inestimable works of art, are invested with a .....
Tag this Judgment!Court : Supreme Court of India
..... court 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) ..... occur because of the innate role of the appropriate government in the ultimate calculation of bonus with respect to certain employees in terms of the amended section 12 of the act of 1965; and such an appropriate government may be the central government or may be the government of the particular state in terms of the definition contained in clause (5) of section 2 of the act of 1965 that reads as under:- (5) appropriate government means (i) in relation to an establishment in respect of which the appropriate government under ..... an 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 .....
Tag this Judgment!Court : Delhi
..... (c)no.11675/2016 page 7 of 10 survey of india, the central government (ministry of culture) was of the view that in view of the difficulty and issue pointed out in the aforesaid inspection report dated 20.09.2016 has decided against notifying the monument as protected monument under the ancient monuments and archaeological sites and remains act,1958 for the reasons stated above, since such reasons were found to be a major constraint in declaring lal mahal as a protected monument. ..... petition makes the following prayers : a) issue a writ or any similar order/directions in nature of writ of mandamus directing the respondents, particularly the respondent no.1 to take appropriate actions or to take appropriate steps to declared lal mahal as protected monuments under the amasr act 1958 and the amasr ( amendments and validation) act, 2010. ..... it is trite that so far as declaration of a monument as a protected monument within the meaning of the expression in section 2(j) of the ancient monuments act, the archaeological survey of india is the concerned expert body and this court would have to refer to the considered views taken by this authority on the issue of declaration of a particular building as a protected monument under the statute.7. .....
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