JUDGMENT :

SONIA GOKANI, J.

1. This is a petition preferred by the resident of Pavagadh having the property at Pavagadh. There is one Shri Pavagadh Digambar Jain Siddh Kothi and the said Trust is registered under the Bombay Public Trusts Act.

2. The Gujarat Legislative Assembly passed Gujarat Ancient Monuments and Archaeological Sites and Remains Act, 1965 (hereinafter referred to as ‘the Act’) which came into force on 15.12.1967. Section 3 of the said act provides for certain ancient and historical monument to be protected monument. Power of the State Government is to declare the ancient and historic monument to be protected monument as per Section 4 of the Act. Section 5 of the Act provides for acquisition of rights in a protected monument and Section 20 of the Act gives power to the State Government to declare archaeological sites and remains to be protected areas.

3. The petitioners submit before this Court that the Heritage Act, 2006 has been enacted for making provision for constituting and establishing an authority to manage and ensure integrated conservation of heritage and natural environs, preservation of historical and cultural identity and also for preventing uncontrolled development and the commercial exploitation of the Champaner-Pavagadh Archaeological Park and for matters concerning thereto.

3.1. It is also submitted that an international convention in 1972 under the aegis of United Nations Educational, Scientific and Cultural Organization (UNESCO) had called the convention named World Heritage Convention to encourage the identification, protection and preservation of cultural and natural heritage around the world, considered to be the outstanding value to the humanity which was embodied in an international treaty called the Convention concerning the Protection of World Cultural and Natural Heritage and it was adopted by UNESCO In 1972.

3.2. The natural heritage refers to the outstanding physical, biological and geological formations, habitats of threatened species of animals and plants and areas with scientific, conservation or aesthetic value. It has further prescribed the criteria for the selection. So far as Cultural Heritage is concerned, the criterion prescribed are as follows:

(i) represent a masterpiece of human creative genius.

(ii) exhibit an important interchange of human values over a span of time or within the cultural area of the world on developments in architecture or technology, monumental arts, town planning or landscape design.

(iii) bear a unique or at least exceptional testimony to a cultural tradition or to a civilization which is living or has disappeared.

(iv) be an outstanding example of type of building or architectural or technological ensemble, or landscape which illustrates a significant stage or significant stages in human history.

(v) be an outstanding example of traditional human settlement or land-use which is representative of culture or cultures, especially when it has become vulnerable under the impact of irreversible change.

(vi) be directly or tangibly associated with events or living traditions, with ideas or with beliefs, or with artistic and literary works of outstanding universal significance (a criterion used only in exceptional circumstances and together with other criteria).

3.3. The World Heritage Committee which had met in between 28.06.2004 to 07.07.2004 and had considered in their publication “World Heritage” and a draft decision was taken with respect to Champaner-Pavagadh Archaeological Park on the basis of criterion (iii), (v) and (vi) above.

3.4. The petitioners submit that even after the Heritage Act, 2006 has come into force, the respondent no. 2 issued notices to the petitioners. It is urged that neither the respondent no. 2-Superintending Archaeologist nor Senior Conservation Assistant has any power or jurisdiction with respect to the scheme for which notices have been issued.

3.5. It is further their say that provisions of Article 254 of the Constitution of India provi