UNION OF INDIA Vs. STATE OF HARYANA

JUDGEMENT

(1.) What a travesty of facts and ground realities where the Union of India is compelled to file a writ petition under Article 226 of the Constitution of India, seeking directions against the State of Haryana authorities to ensure compliance to the provisions of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (hereinafter referred to as the "Act").

(2.) The said Act has been enacted and amended in furtherance of preservation of the rich heritage and culture of our country and to prevent the destruction of ancient monuments and archaeological sites and remains. In terms of the provisions of the Act, there has been declaration of prohibited and regulated areas, the final notification stated to have been issued in the year 1992. The protected monument in question is Suraj Kund.

(3.) The allegation against the State Government and Tourism Department is that they had begun illegal construction within the 100 meters. prohibited area ostensibly on the basis of the local administration granting permission for raising construction. A decision was taken by the Archaeological Survey of India that there cannot be such a permission within the protected area of 100 meters and that decision was communicated followed by show cause notices to the respondents asking them to desist from doing so. This appears to have had no restraint on the respondents who continued the construction. It appears from the records shown to us that only the basic structure has been raised and that position continues to subsist as on date. This is the consequence of a status quo required to be maintained at site in terms of the order dated 08.12.2010.