MOSAMLAL Vs. UNION OF INDIA

JUDGEMENT

(1.) PETITIONERS in this writ petition have claimed for the relief to quash show-cause notice issued for removal of the houses and other structure which they are occupying at Rajeshwari Ward, Mandla.

(2.) SHOW-CAUSE notice has been issued to the petitioners under the provision of Ancient Monuments and Archaeological Site and Remains Act, 1958 (hereinafter referred to as "act of 1958" ). Notice has been issued under rule 38 of the Ancient Monuments and Archaeological Site and Remains rules, 1959. It has been mentioned in the notice that the Govt. of India has notified "shah Burz" as protected monument. No construction activities or mining operation can take place within 300 mtrs. ; 100 mtrs. area is prohibited and 200 mtrs. area, beyond that is regulated area. The violation of notification is punishable under Rule 39 with 3 months imprisonment or fine of Rs. 5,000/-or both. Petitioners have been required to show cause within 7 days from the receipt of notice why their structure be not dismantled.

(3.) IT is averred in the petition that Pattas were issued to the petitioners under the provision of M. P. Nagariya Kshetron Ke Bhumi Heen vyakti (Patta Dharit Adhikaron Ka Pradaya Kiya Jana) Adhiniyam, 1984 (hereinafter referred to as "adhiniyam of 1984" ). Some of them have constructed the houses and few of them are occupying huts and small Kachha construction. Reply (P-3) was submitted to the notice. Representation (P-4)was also submitted to the Collector. However, threat is meted out to dismantle the structures. Petitioner submits that the Central Government has no power under the Act of 1958 to take action. There is no power to remove the structures. M. P. Ancient Monuments and Archaeological Sites and Remains act, 1964 is not applicable where the Central Act is applicable. It is averred that if the petitioners are living in the prohibited area, there is no power to remove their structures. If it was a prohibited area. Collector ought not to have granted pattas to the petitioners. Once patta has been granted, it can not be cancelled in violation of the provisions of the Adhiniyam of 1984. Hence, the present writ petition has been filed.