RABARI BABABHAI VASTABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Shri A. V. Prajapati, learned counsel appearing for the petitioners and Shri Kamal Trivedi, learned Advocate General appearing with Shri Viney Vishen, learned Assistant Government Pleader for the respondents State.

(2.) The Directive Principles of State Policy, Part-IV of the Constitution, Article 49 of the constitution mandates thus:

(3.) By incorporating Article 49 in the Directive Principles of State Policy, the framers of the Constitution made it obligatory for the State to protect every monument or place or object of artistic or historic interests, declared by or under law made by Parliament to be of national importance. The legislatures of various states including the State of Gujarat enacted separate legislation for protection and preservation of ancient monuments falling under seventh schedule, List II, Entry 12. The Gujarat Ancient Monuments and Archaeological Sites and Remains Act, 1965 is the enactment which is in force in the State of Gujarat. It would not be out of context to quote from the Udyoga Parva of Mahabharata 17th verse and 5th chapter of Vidura Neeti, which reads as under: