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 d