Judgment Search Results Home > Cases Phrase: ancient monuments remains act 1958 Page 1 of about 18,220 results (0.145 seconds)

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

Court : Delhi

Reported in : 164(2009)DLT515

..... it is a protected monument within the meaning of the ancient monuments archaeological sites and remains act, 1958 (the 1958 act. ..... as per the ancient monuments and archaeological sites and remains act, 1958, rules, 1959 and subsequent notification issued under the rules in 1992, the permission for construction / reconstruction / addition / alteration cannot be granted. ..... he submitted 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. ..... in 1958, the ancient monuments and archaeological sites and remains act was enacted. ..... under section 3 of the 1958 act, all ancient and historical monuments which have been declared as such under the 1951 act or by section 126 of the states reorganization act, 1956 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. .....

Naiknaware and Associates and anr. Vs. Union of India (Uoi) and ors.

Court : Mumbai

Reported in : 2006(5)MhLj488

..... ancient monuments and archaeological sites remains act, 1958 shall be hereinafter referred to as 'the act of 1958', the ancient monuments and archaeological sites & remains rules, 1959 shall hereinafter be referred to as 'the rules of 1959', the bombay provincial municipal corporation act, 1949 shall be referred to as 'bpmc act, the maharashtra regional town planning act shall hereinafter be referred to as 'the mrtp act ..... to emphatically note here that ancient monuments and remains act, 1958 defines both ancient monuments and protected monuments. ..... ancient monument a protected monument under the act of 1958 it is essential that the notification to that effect is issued under section 4 of the act of 1958. ..... he challenged the constitutional validity of rules 31 to 33 of the ancient monuments and archaeological sites & remains rules, 1959, hereinafter referred to as the rules of 1959, being ultra vires the provisions of article 14 and 19 ..... resolution protected monument means an ancient monument which is declared to be of national importance by or under the act of 1958. ..... so declare an ancient monument is one of national importance and is vested in the central government by section 4 of the act of 1958. ..... of act of 1958 defines what an ancient monument is ..... to note that in this communication reference was made to alleged unauthorized construction near agakhan palace and attention of the concerned was invited to the provisions of archaeological sites & remains act, 1958 and the rules of 1959. .....

Utpal Kumar Sarkar and anr. Vs. Deputy Superintending Archaeologist, A ...

Court : Kolkata

Reported in : 2005(1)CHN36

..... 9 issued a notice to stop construction on the ground that it was being made within the prohibited area of hazarduari palace at murshidabad in violation of the ancient monuments and archaeological sites remains act, 1958 (for short 'the 1958 act') and the ancient monuments and archaeological sites and remains rules, 1959 (for short 'the 1959 rules'). ..... under section 2(a) of the 1958 act, 'ancient monument' has been defined as under:'2(a) 'ancient monument' means any structure, erection 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 existence 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, and(iv) the means ..... under the said 1958 act, the expressions 'ancient monument', 'protected area' and 'prohibited area' have been defined.12. ..... the issue is whether any construction can be undertaken near the area of such ancient monument as declared by notification under the 1958 act.10. .....

Janhit Manch and ors. Vs. Union of India (Uoi) and ors.

Court : Mumbai

Reported in : 2007(6)ALLMR86; 2008(1)BomCR670

..... in cases where the local planning authority has granted sanction for constructions in ignorance of provisions of the ancient monuments and archaeological sites and remains act, 1958 and the ancient monuments and archaeological sites and remains rules, 1959 and the notification dated 16.6.92 published by the department of culture (archaeological, survey of ..... asi and is owned by private individuals and other agencies and that the ancient monuments and archaeological sites and remains act, 1958 does not enable the asi to remove illegal constructions in prohibited area and that such provisions are only available under sub-section (2) of section 19 of the said act which relate to removal of constructions from prohibited area only.3. this court ..... ancient monuments and archaeological sites and remains act, ..... ancient monuments and archaeological sites and ..... survey of india to take action in respect of such encroachers not only in mumbai and thane district, but the asi department can proceed to take action in respect of such monuments all over the state of maharashtra.in so far as the constructions which have been undertaken or proposed in the regulated zone is concerned, the learned additional solicitor general submitted ..... act and the rules are read together, no ravi ramkrishnan construction is permitted within the prohibited area and, therefore, any constructions made within the prohibited area or illegal occupants within the prohibited area or occupying protected .....

K. Shivaram Karanth Vs. State of Karnataka and Others

Court : Karnataka

Reported in : AIR2000Kant193; ILR2000KAR1294; 2000(2)KarLJ452

..... respondents to take appropriate action to retrieve and restore the jewellery of the temple, to maintain a photographic record of all the jewellery and other valuable articles of the temple, to direct 5th respondent to declare the temple as a 'protected monument' under the ancient monuments and archaeological sites and remains act, 1958 and also to direct the respondents to maintain a register of the valuables gifted to or acquired by the temple.4. ..... the other grievance of the petitioner is that the authorities have not taken any action to protect the temple as a historical or archaeological monument either under the ancient monuments and archaeological sites and remains act, 1958 or the ancient monuments preservation act, 1904 by declaring the temple as such. ..... so far as prayer (iii) to direct the 5th respondent to declare the mookambika temple as a 'protected monument' is concerned, the definition of 'protected monument' under section 2(j) of the ancient monuments and archaeological sites and remains act is as under. ..... -'(j) 'protected monument' means an ancient monument which is declared to be of national importance by or under this act'.the temple in question is not an 'ancient monument'. ..... it is stated that the 6th respondent has been maintaining them as provided under the rules made under sections 36 and 100(1)(1) of the hindu religious and charitable endowments act, 1951. .....

Government Approved Tourist Guide Association and Approved Guide Assoc ...

Court : Allahabad

Reported in : 2009(2)AWC2050

..... the notification dated 21st january, 2003 is quoted below:notification in exercise of the powers conferred by sub-section 29(a) of the ancient monuments and archaeological sites & remains act, 1958 the central government hereby appoints the additional director general, (department of tourism), ministry of tourism as the ''statutory authority' under the act for framing and issuing guidelines, for issuance of guide licenses, approval and registration of qualified persons selected through due process by a committee constituted for the purpose to operate ..... the parliament has enacted the ancient monuments and archaeological sites and remains act, 1958 to provide for the preservation of ancient and historical monuments and archaeological sites and remains of national importance, for the regulation of archaeological excavations and for the protection of sculptures, carvings and other like objects. ..... the government of india has pleaded in the counter affidavit that guidelines have been issued in exercise of power under section 29(a) of the ancient monuments and archaeological sites and remains act, 1958 (hereinafter referred to as the 1958 act). ..... as may be specified in the direction.rules have been framed in exercise of power under section 38 of the 1958 act, namely, the ancient monuments and archaeological sites and remains rules, 1959 (hereinafter referred to as the 1959 rules). .....

Rajeev Mankotia Vs. Secretary to the President of India and Others

Court : Supreme Court of India

Reported in : AIR1997SC2766; JT1997(5)SC663; 1997(4)SCALE368; (1997)10SCC441; [1997]3SCR421; 1997(2)LC362(SC)

..... the ancient monuments and archaeological sites and remains act, 1958 (for short, the 'ancient monuments act') provides for the preservation of ancient and historical monuments and archaeological sites and remains of national importance. ..... it would, therefore, be manifest that all ancient and historical monuments and all archaeological sites and remains or any structure, erection or monument or any tumulus or place of interment shall be deemed to be ancient and historical monument or archaeological sites and remains of national importance and shall be so declared for the purpose of ancient monuments act it they have existed for a century; and in the case of a state monument, of state importance covered by the appropriate state act. ..... section 3 of the act 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 states 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. .....

Satinder Kumar and ors. Vs. Union of India (Uoi)

Court : Himachal Pradesh

Reported in : AIR2007HP77

..... (2) xxxxxxxxxxxxxxxxxxxxxxxx(3) nothing contained in sub-section (1) and sub-section (2) shall apply to,-(a) any place of worship referred to in the said sub-section which is an ancient and historical monument or an archaeological sites or remains covered by the ancient monuments and archaeological sites and remains act, 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 ..... the apex court after considering the provisions of the ancient monuments and archaelogical sites and remains act, 1958 (for short the ancient monuments act) and also keeping in view the importance of the building in the historical context of the various important decisions and meetings which had taken place in the building and ..... , rock sculpture, inscription or monolith, which is of historical, archaeological or artistic interest and which has been in existence 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, and(iv) the means of access to and convenient inspection of an ancient monument;(j) 'protected monument' means an ancient monument which is declared to be of national importance by or under this act.3. x x x x x x x x x x x x x x x x4. .....

Jamia Arabia Nizamia Welfare Educational Society vs.d.g., Archaeologic ...

Court : Delhi

..... justice c.hari shankar judgment (oral) gita mittal, acting chief justice1 this writ petition has been filed by the petitioner, in public interest, complaining that the respondents have failed to declare the lal mahal, a monument in the hazrat nizamuddin basti as a protected monument under the the ancient monuments & archaeological sites and remains act, 1958 (hereafter the ancient monuments act ). w.p. ..... 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. ..... in the present case, the archaeological survey of india has explained that with regard to the lal mahal, the central government has examined the issue and decided against notifying the monument as a protected monument under the ancient monuments & archaeological sites and remains act, 1958. .....

Nahata Traders and Builders Pvt.Ltd Vs Director General, ...

Court : Delhi

..... prior notice of the proposed demolition was mandatory under section 19 of the ancient monuments & archaeological sites & remains act, 1958 (amasr act). ..... is stated that bade khan and chhote khan were declared as protected monuments by a notification dated 25th march 1918 even under the ancient monuments preservation act, 1904 (amp act, 1904). ..... sought to be contended that such portion of the land adjoining the site of an ancient monument as may be required for fencing area covering such monument is an integral part of the ancient monument itself. ..... after the enactment of amasr act, 1958 a notification dated 16th june 1992 was issued under rule 32 of the amasr rules declaring that the areas falling within a 100 metre radius from the peripheries of protected monuments as prohibited areas and further declaring the area up to the extent of 200 metres as a ..... it is stated that there are two ancient monuments in the vicinity of the property in ..... d-46b, there are two ancient monuments known as chhote khan and ..... 2(i) of the amasr act, 1958 "protected area" is an area which means "any archaeological site and remains which is declared to be of national importance by or under" the amasr act, 1958. ..... , therefore, concluded that ngbfpl was found violating the provisions of the amasr act, 1958 and amasr rules, 1959 and the notification dated 16th june 1992. ..... notification dated 11th november 1926 issued under section 3(3) of the amp act 1904, the tomb of bhure khan was also declared as a protected monument. .....