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2018 Supreme(Del) 164

GITA MITTAL, C.HARI SHANKAR
JAMIA ARABIA NIZAMIA WELFARE EDUCATIONAL SOCIETY – Appellant
Versus
D. G. , ARCHAEOLOGICAL SURVEY OF INDIA – Respondent


Advocates Appeared:
For the Respondent: Dr. Ashwani Bhardwaj, Adv., Mr. Jayant Tripathi and Mr. Dinesh Dahiya, Mr. Shams Khwaja, Adv.

JUDGMENT :

GITA MITTAL, J.

1. This writ petition has been filed by the petitioner, in public interest, complaining that the respondents have failed to declare the Lal Mahal, a monument in the Hazrat Nizamuddin Basti as a protected monument under the ‘The Ancient Monuments & Archaeological Sites and Remains Act, 1958’ (hereafter ‘the Ancient Monuments Act’).

2. A similar grievance was made by this writ petitioner by way of W.P.(C) 5003/2016, proceedings wherein culminated in an order dated 27th May, 2016, the operative part whereof reads thus :

“Having heard the learned counsel for both the parties and keeping in view that the representation made by the petitioner on 31.03.2016 regarding declaration of the said monument as a protected monument is yet to be considered by the respondents No.1 and No.2, we consider the petitioners representation dated 31.03.2016 and pass an appropriate order in accordance with law within three months from today. The order that may be passed shall be communicated to the petitioner and thereafter the petitioner is at liberty to file a fresh writ petition, if so advised.

The writ petition is accordingly disposed of.”

3. It is to be noted that the petitioner had

































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