Judgment :

A.K. Sikri, J.

1. Two Writ Petitions, both in the nature of Public Interest Litigation came to be filed in the High Court of Madhya Pradesh, Principal Seat at Jabalpur. In one petition Archeological Survey of India (ASI) was the petitioner. Other petition was filed by Mr. Mohammed Azam Khan claiming himself to be a public spirited person. They were/are concerned with the Jain Temples which were constructed sometime in 6-7th Century A.D and scattered over an area of 199.45 acres in villages Kundalpur, Fatepur and Teergarh in Tehsil Hata, District Damoh (MP). This cluster of temples include most famous among them known as the temple of “Bade Baba”. According to the petitioners, even when they are protected ancient monuments under the Ancient and Historical Monuments and Archaeological Sites and Remains Act, 1958 and Rules 1959 framed thereunder, Jain Temple Trust (respondents 9 to 11) is carrying out illegal construction and thereby vandalizing the said Bade Baba Jain Temple.

2. Both these Writ Petitions are disposed of by the High Court vide common judgment dated 17.9.2012 holding that the original temple which was declared to be an ancient monument by virtue of Notificat