RAJKUMAR GUPTAS Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Shri Saghlr Ahmad, learned counsel appearing for the petitioners and Shri Shambhu Nath Srivastava, learned senior standing counsel of the Central Government representing the respondents, at length and in detail.

(2.) The uires of Rule 8 (d) of the Ancient Monuments and Archaeological Sites and Remains Rules. 1959. (hereinafter called the 'Rules') made by the Central Government in exercise of powers conferred upon it under Section 38 of the Ancient Monuments and Archaeological Sites and Remains Act, 1958, is under challenge in this petition under Article 226 of the Constitution of India.

(3.) It is not disputed that the vires of Rule 8 (d), aforesaid, was considered by a Division Bench of this Court in Virendra Kumar Chadda v. Union of India and others, Civil Misc. Writ Petition No. 10714 of 1991, and the writ petitions connected therewith. The Division Bench vide its Judgment and order dated September 10, 1992, upheld the vires of Rule 8 (d) of the Rules and dismissed the petition with certain directions. Thus, the controversy raised in the instant petition is no longer res Integra.