SK NOOR MOHMMAD ALI Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner herein applied for permission to construct the residential house on his own plot of land to the Sibsagar Development Authority. The Chairman of the Sibsagar Development Authority vide his letter dated 30.10.94 did not give permission for construction. That is Annexure-1 to the writ application. The ground for which the permission was refused is as follows: "The area in which you submit proposal for construction of the residential house is within the "open space" of the scheme of Development. Besides the Dag No. 60 is inside the Garh. No permission can be granted accordingly."

(2.) It may be stated herein that earlier on 9.2.85 a Notification was issued by the Union of India under Ancient Monuments and Archaeological Sites and Remains Rules, 1958. In exercise of the power conferred by Rule 32 of the aforesaid rules, the Central Government declared the said area to be prohibited areas for the purpose of construction because of the existence of Talatal Ghar (Kareng Ghar). Section 19of the Act, 1958 provides as follows: "19. Restrictions on enjoyment of property rights in protected areas :

(3.) Rule 10 provides for permission for construction. Rule 10 is quoted below : "10. Permission required for construction etc. :