MOHAMMAD RAFIK BHUTTO Vs. STATE OF M P

JUDGEMENT

(1.) THIS petition, pro bono publico, seeks to enforce the provisions contained in the Madhya Pradesh Ancient Monuments and Archaeological Sites and Remains Act, 1964 and the Rules framed thereunder entitled The Madhya Pradesh Ancient Monuments and Archaeological Sites and Remains Rules, 1976 (hereinabove referred to as 'the Act' and 'the Rules') and seeks a mandamus for removal of the unauthorised structures under Section 19(2) of the Act and execution of the order (Annexure P/7) passed by the Collector. In the year 1964, the Act was passed to provide for preservation of certain ancient and historical monuments and archaeological sites and remains and for the regulation of excavation of archaeological sites in Madhya Pradesh and matters ancillary thereto. Section 2(a) defines ancient monuments to be any building structure, erection, monolith or monument or any mound or tumulus or any tomb or place of interment or any cave or any sculpture or inscription on an immovable object which is of historical archaeological or artistic interest and which has been in existence for not less than hundred years. The definition also includes the monuments and remains as enumerated in clause (i) to (iv). For better appreciation of the controversy, Section 2(a) is reproduced herein under :

(2.) Section 2(c) defines "archaeological sites and remains" to mean any area which contains or is reasonably believed to contain ruins or relics of historical or archaeological importance which have been in existence for not less than hundred years. Clause (g) defines State protected area as an archaeological site and remains which is declared to be a State protected area under this Act.

(3.) Section 3 empowers the State Government to declare ancient monument to be State protected monuments or archaeological sites and remains to be State protected area. Chapter VI of the Rules provides for restraining of mining operation and construction near State protected area. Rule 30 of the Rules contains the effect of declaration of prohibited or regulated area and reads as follows :