JANHIT MANCH Vs. UNION OF INDIA

JUDGEMENT

(1.) The Additional Solicitor general has filed an affidavit on behalf of respondent nos. 1 and 3 pursuant to the court's direction. The subject matter can be considered in two parts. The first part which requires to be given top priority is in respect of problems of unauthorised constructions and illegal occupants which are within the prohibited area. It is stated in the affidavit-in-reply that in so far as the removal of encroachments and unauthorised constructions in the prohibited area is concerned, the ASI has already taken steps by informing the local authorities like the municipal Commissioner MCGM and the collector of the Region to extend all necessary aid and assistance to the officials of the ASI in the matter.

(2.) It has been expressed that land around the monument which falls in the prohibited area does not belong to 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 has no hesitation to arrive at a conclusion that such misreading of the provisions by the ASI is detrimental to the object and purpose of the act itself i. e. the ancient Monuments and Archaeological Sites and Remains Act, 1958 and the rules framed therein i. e. the Ancient Monuments and archaeological Sites and Remains Rules, 1959. If the Act and the Rules are read together, no 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 monument can be removed by the asi in co-ordination with the local authorities i. e. local statutory body, be it Municipal corporation, Municipal Council or Gram panchayat with the assistance of the revenue and the police authorities.