K GURUPRASAD RAO Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Leave granted.

(2.) With the hope of their immortalization, several Emperors, Kings and other rich people got built temples, churches, mosques and other buildings in different parts of the world including India. Many of these structures are not only marvels of architecture, but also represent the culture and heritage of the particular place and period. With the passage of time, these structures acquired the status of historical monuments, the preservation and protection of which has become a herculean task for successive generations.

(3.) The issue of preservation and protection of ancient and historical monuments has been a matter of concern for the Governments and private individuals alike. In his work titled Preserving Archaeological Sites and Monuments, Henry Cleere, World Heritage Coordinator, International Council on Monuments and Sites, Paris and Visiting Professor, Institute of Archaeology UCL, London has mentioned that the first law on the subject was enacted in Sweden in 1666 and professional agencies were set up to implement the same. Several other countries enacted similar legislative instruments in 17th and 18th centuries. The United Kingdom enacted first Ancient Monuments Protection Act in 1882. France did so in 1913. The earliest Japanese legislation, the Law for the Preservation of Ancient Temples and Shrines, was enacted in 1897 and the United States waited until 1906 before its Federal Antiquities Act came into force. Their pre- hispanic civilizations were highly symbolic for the cultural identities of the countries that emerged after the independence struggles in Latin America during the first half of the nineteenth century, just as its Hellenic past grandeur was the material expression of Greek national identity. It is therefore not surprising that preservation of the remains of these cultures was given a high priority by the new nations. In 1821, Mexico passed the first law to preserve and protect the country's archaeological heritage. In the same year Peru shook itself free from Spanish rule and in 1822 a Supreme Decree was published, forbidding any trade in ancient relics.