UNION OF INDIA Vs. AJIT BARAIYA

JUDGEMENT

(1.) THIS petition purported to be filed by the Union of India seek s a direction to the State Government and Officers of the State Government for protecting the ancient monuments and to preserve the national heritage. The Archaeological Survey of India and the Department of Archeology aggrieved by certain inaction on the part of the State Government and their officers in the matter of protecting some ancient monuments of national importance in the city of Gwalior have filed this petition.

(2.) ON the basis of notice issued by this Court respondent No. 1 has raised certain preliminary objection and Shri R.D. Jain, learned senior counsel submits that this petition is not filed properly by the Union of India, it is filed by an unauthorised person. That apart, Shri Jain points out that under the provisions of Constitution of India, if there is a dispute between two organs of the State, the matter has to be agitated before the high powered committee in accordance with the principle laid down in the case of Canara Bank and others v. National Thermal Power Corporation and another [(2001) 1 SCC 43] so also the principles laid down in the case of Mahanagar Telephone Nigam Limited v. Chairman, Central Board, Direct Taxes and another [2004 AIR SCW 2934]. Similarly, placing reliance on another judgment of the Supreme Court in the case of Chief Conservator of Forests, Govt. of A.P. v. Collector and others [2003 AIR SCW1251] Shri Jain points out that the intra-departmental or disputes between various organs of the State has to be resolved by referring the matter to the high powered committee which has been constituted by the Government of India in pursuance to the directions issued by the Supreme Court in the case of Chief Conservator of Forest, Govt. of A. P. (supra).

(3.) ACCORDINGLY , this petition is disposed of with liberty to the Union of India/petitioner to take action first for referring the matter to State Government and to resolve the dispute after negotiation with the officials of the State Government.