Court : Karnataka Dharwad
..... there being acquisition of properties and rehabilitation scheme has issued the impugned notice with a direction to remove the encroachment within 10 days 12 failing which authorities will exercise powers under section 19(2) of the ancient monuments and archaeological sites and remains act, 1958 and would remove the encroachment. ..... the contention of the petitioner that the 5th respondent has no authority to counter the same he submits that there is a delegation of power under the act and 5th respondent derives authority under section 2(c) of the ancient monuments and 16 archaeological sites and remains act, 1958. ..... that the petition properties are in existence since pre-independence and therefore, the existence of residential houses would not come within the purview of definition of new construction as defined under section 2 d(c) of the ancient monuments and archaeological sites and remains act, 1958. ..... regard to the fact that the agastyateertha is already declared as ancient monument of national importance thereby the same needs to be preserved and ..... to the fact that the agastyateertha pond has already been declared as an ancient monument of national importance, thereby the same needs to be preserved and protected.18 ..... contention, he would take this court to annexure-r1 and submit that the then bombay government by gazette notification dated 173.05.1929 has issued preliminary notification by exercising powers contained under section 8(1) of the ancient monuments protection act 1904. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1995SC2001; JT1995(5)SC1; 1995(4)SCALE1; 1995Supp(4)SCC286; [1995]Supp1SCR542
..... it. it reads as under:-nothing contained in 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 ..... there'.108. the address presented to the patriarch by the catholicos, metropolitans, clergy and the people of malankara orthodox syrian church on may 22, 1964 affirmed that the patriarch's 'monumental act of december, 1958' has infused new hopes for a bright future and that the malankara church is thankful to the patriarch for acting with imagination, courage and persistence in handling a difficult situation in ..... any such place effected before such commencement which is not liable to be challenged in any court, tribunal or other authority being barred by limitation under any law for the time being in force.the syrian jacobite church is an ancient and historical monument which was established sometime in 51-52 century .....
Tag this Judgment!Court : Delhi
..... in substance, the present petition has been filed by the petitioner seeking protection under the provisions of the ancient monuments and archaeological sites and remains act, 1958 (in short amasr act ) of a monument situated in defence colony which is called as gumti of shaikh ali .3. ..... issue a writ of mandamus, or any other appropriate writ, order or direction as may be deemed appropriate, commanding the respondent nos.1 and 2 to carry out its statutory duty and issue a gazette notification under section 4(3) of the ancient monuments and archaeological sites and remains act, 1956, declaring the ancient monument of shaikh ali gumti in defence colony as a monument of national importance; or in the alternative b. ..... issue a writ of mandamus, or any other appropriate writ, order or direction as may be deemed appropriate, commanding the respondent no.5 to carry out its statutory duty and issue a gazette notification under section 4 of the delhi ancient and historical monuments and archaeological sites and remains act, 2004, declaring the ancient monument of shaikh ali gumti in defence colony as a protected monument under the said act; w.p. ..... so far as gumti of sheikh ali situated in defence colony, new delhi is concerned, the central government has already examined the issue and it was decided against notifying the said monument as a protected monument under the amasr act, 1958. .....
Tag this Judgment!Court : Karnataka Dharwad
..... there being acquisition of properties and rehabilitation scheme has issued the impugned notice with a direction to remove the encroachment within 10 days 12 failing which authorities will exercise powers under section 19(2) of the ancient monuments and archaeological sites and remains act, 1958 and would remove the encroachment. ..... the contention of the petitioner that the 5th respondent has no authority to counter the same he submits that there is a delegation of power under the act and 5th respondent derives authority under section 2(c) of the ancient monuments and 16 archaeological sites and remains act, 1958. ..... that the petition properties are in existence since pre-independence and therefore, the existence of residential houses would not come within the purview of definition of new construction as defined under section 2 d(c) of the ancient monuments and archaeological sites and remains act, 1958. ..... regard to the fact that the agastyateertha is already declared as ancient monument of national importance thereby the same needs to be preserved and ..... to the fact that the agastyateertha pond has already been declared as an ancient monument of national importance, thereby the same needs to be preserved and protected.18 ..... contention, he would take this court to annexure-r1 and submit that the then bombay government by gazette notification dated 173.05.1929 has issued preliminary notification by exercising powers contained under section 8(1) of the ancient monuments protection act 1904. .....
Tag this Judgment!Court : Supreme Court of India
..... of the shree jagannath temple complex in contravention of the provisions of the ancient monuments and 2 archaeological sites and remains act, 1958 (hereinafter referred to as the said act ) 4. ..... 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 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, ..... 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. ..... 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. .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)4GLR3571
..... not violated any provisions, that the land in question was not a place of protected monuments under the provisions of sec.10 of the ancient monuments preservation act, 1904 and it was not a place of worship under sec.13-a of the ancient monuments and archeological sites and remain act, 1958. ..... the breach of the provisions of sec.10 of the ancient monuments and archeological sites and remain act, 1958 was pleaded and it was also stated that the action of the respondents violates the provisions of article 13 of the constitution of india and thereby affects the fundamental ..... which was used as a graveyard had many monuments which were required to be preserved under the provisions of the monuments preservation act, 1904 and under the provisions of the ancient monuments and archeological sites and remain act, 1958. ..... been denied and it has also been denied that the graveyard is required to be preserved under the provisions of the monuments preservation act, 1904 and under the provisions of ancient monuments and archeological sites and remain act, 1958. ..... was not being used for worship since long; that during the personal visit of the acquiring authority and the land acquisition officer, no tomb or monuments were found on this land; on the contrary it was found out that the petitioner had given the said place to other persons on rental basis for commercial purposes, i.e. ..... no tombs and monuments on the land in question and the same is not required to be preserved under the above referred act. .....
Tag this Judgment!Court : Chennai
..... the petitioner has not been in a position to show that the st.xaviers cathedral is a monument, coming under the definition of section 2 of the ancient monuments and archaeological sites and remains act, 1958. ..... the learned counsel appearing on behalf of the petitioner had submitted that, as per sections 3 and 4 of the ancient monuments and archaeological sites and remains act, 1958, [hereinafter referred to as ".the act".]. ..... been filed by the petitioner, as a public interest litigation, praying that this court may be pleased to issue a writ of mandamus, directing the first respondent to notify st.xaviers cathedral, situated at no.3, nellai nayanar street, palayamkottai, tirunelveli district, as an ancient monument, and consequently, to direct the respondents 1 and 2 to take over the church and its properties and protect the same.3. ..... further, for getting the status as a protected monument, the church should be an ancient monument of national importance, as per the definition contained in section 2 of the act. ..... , as an ancient monument, situated at no.3 nellai nayanar street, palayamkottai, tirunelveli district and consequently direct the respondents 1 and 2 to take over the church and its property and protect the same. ..... the learned counsel had relied on section 16 of the act, which provides for the protection of the monument, which is a place of worship, from misuse, pollution and desecration ..... the church should be declared as an ancient and historical monument of national importance. .....
Tag this Judgment!Court : Delhi
..... the petitioners state that other persons who own 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 (hereafter the act ), by virtue of which any further construction in the prohibited zone, is prohibited . ..... 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 ..... 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. ..... 1959, having obtained (4) 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. 7. .....
Tag this Judgment!Court : Supreme Court of India
..... chittorgarh fort is a notified monument under the ancient and historical monuments and archaeological sites and remains (declaration of national importance) act, 1951 and the ancient monuments archaeological sites and remains act, 1958, and also a notified ..... 24.3 we declare and hold that notwithstanding any liberal recommendation on undertaking blasting operations nearer to the chittorgarh fort, keeping in perspective the continuous exposure of ancient monuments to peak particle velocity (ppv) arising from blasting, a radius of five kilometres from the compound wall of the fort shall not be subjected to mining by blasting or use of ..... ecology and environment, considering the polluter-pays principle, it is just and proper to direct birla cement and other mine holders to pay compensation for restoring back glory of ancient monument to the extent it is possible after damage. ..... the gist of the complaint is that continuous/frequent exposure of the ancient structures in the chittorgarh fort to the peak particle velocity (ppv) generated by the explosives used in mineral extraction would damage the heritage monument, and this negligence of the present generation will leave only the remnants of the ..... thus, it is concluded from the regression analysis and the field observations considering the importance of the historical /archaeological monuments - chittorgarh fort maximum charge of explosive /delay as per existing practice may be restricted upto 300 kg in dry season and 500 kg in rainy .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1994Bom327; 1994(4)BomCR175; (1995)97BOMLR823; 1995(1)MhLj483
..... 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). ..... 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. ..... denied that the structure is covered by the ancient monument act.6. ..... as such it is an ancient monument and structure of archaeological importance and, therefore, the same cannot be ..... the learned advocate for the appellants drew my attention to the preamble ofthe said act which says that this is an act to prohibit conversion of any place of worship and to provide for the maintenance of the religious character of any place of worship as it existed on the 15th day ..... the corporation, therefore, made a fresh proposal to acquire the remaining land so as to cease the growing traffic problem and the government ..... possible to accept the submission that acquisition of land under the land acquisition act loses its character and therefore prohibited. ..... the places of worship (special provisions) act, 1991, there can be no acquisition as it would amount to conversion of the place of worship, (2) the second acquisition is mala fide as part of the land .....
Tag this Judgment!