AVINASH KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition was initially filed for issuance of a writ of mandamus directing the respondents to publish the final notification under S. 3(3) of the Bihar Ancient Monument and Archaeological Sites, Remains and Art Treasures Act, 1976 (hereinafter called the said Act). It was also stated that in the said notification the areas of the three hills, namely, Ramshila Hills, Pretshila Hill and Brahmayoni Hills and Vishnupad Temple at Gaya have been prescribed. At the time when the writ petition was filed a notification under S. 3(1) of the said Act was issued and published in the Bihar Gazette on 12-3-1985. The petitioner's case is that the town of Gaya is one of the most well known places of pilgrimage for the persons professing Hindu religion and is commonly known as Gaya Dham and its surrounding hills are known as Ramshila Hills, Pretshila Hill and Brahmayoni Hills and are places of religious sanctity. It is further stated in the writ petition that the Hindu pilgrims have been visiting the said hills and performing the religious rites, offering sharadh and pind-dan on the said hills and are making Parikrama of those hills and as such digging of any portion of the aforesaid hills for carrying on mining operation in any portion of the aforesaid hills affects the sanctity and religious sentiments attached to Hindu faith and is violative of Arts. 25 and 26 of the Constitution of India. It has also been stated that various religious festivals and fairs are held in and around the said Hills during Pitrapaksha, Navratra, Shravan and Shivratri when people assemble there for performing Puja according to the religious rituals and at the top of Ramshila hill there is an ancient temple of Lord Shiva containing lingam called 'Pataleshwar Mahadeva'. The petitioner cannot accept the mining operation started on the aforesaid hills and for the prevention of the same various proceedings were initiated. However, the State Government issued a notification on 28-12-1970 declaring that the aforesaid hills have been reserved for public purposes. But the said notification was amended subsequently by another notification dated 8-6-1974. Such amendment of notification was challenged before this Court and it appears from paragraph 18 of the writ petition that such notification was quashed by this Court.

(2.) Thereafter several proceedings were initiated and ultimately a notification was published in the Bihar Gazette on 12-3-1985 under the signature of the Additional Secretary, Department of Education (Archaeological and Museum) by which the areas and extent of the aforesaid three hills have been defined plot wise and village wise and boundaries were also given of each of the hills. A copy of the said notification is disclosed as Annexure-1 to this writ petition.

(3.) The said notification was issued under the provisions of the said Act. The said Act is a State legislation and it appears that the same is modelled on the lines of the Central law, namely, Ancient Monuments and Archaeological Sites, Remains and Art Treasures Act, 1958 (Act 24 of 1958). Section 3 of the present Act is almost identical with the similar provisions in S. 4 of the Central Act.