Back
IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
DEVASHIS BARUAH
On The Death Of Ramani Hazarika, S/o. Lt. Rameswar Hazarika, The Following Legal Heirs Are To Be Substituted- Dulu Hazarika – Appellant
Versus
Union Of India, Rep. By The Ministry Of Culture Govt. Of India – Respondent
JUDGMENT :
DEVASHIS BARUAH, J.
Heard Mr. H. Buragohain, the learned counsel appearing on behalf of the petitioners in both the writ petitions. Ms. A. Gayan, the learned CGC appears on behalf of the respondent Nos.1 to 5; Ms. N. Bordoloi, the learned counsel appears on behalf of the Revenue Department and Mr. N. Das, the learned counsel appears on behalf of the District Administration, Sivasagar.
PREFACE
2. The petitioners in WP(C) No.7322/2015 have assailed the notice dated 10.11.2015 issued by the Authorized Signatory of the Archaeological Survey of India as well as for consequential reliefs. The petitioner in WP(C) No.7235/2015 has assailed the notice dated 10.11.2015 issued by the Authorized Signatory of the Archaeological Survey of India as well as for consequential reliefs. By the notices dated 10.11.2015, impugned in both the writ petitions, the Authorized Signatory had directed the petitioners in both the writ petitions to remove the unauthorized building/construction within seven days of the receipt of the notice, failing which the Central Government shall in exercise of its powers under Rule 38 (2) of the ANCIENT MONUMENTS AND ARCHAEOLOGICAL SITES AND REMAINS RULES , 1959 (for
The court affirmed the priority of public interest in preserving historical monuments over private construction rights, ruling unauthorized constructions after necessary prohibitions as invalid.
The court affirmed that new constructions within prohibited areas near protected monuments violate statutory provisions, emphasizing the need for preservation of historical sites over individual cons....
The repair works and installation of doors in a protected area constituted 'operation of like nature' and material alteration of the building, attracting the provisions of Section 19 of the Act of 19....
(1) Construction for the purpose of providing basic and essential amenities for convenience of devotees at large within prohibited area of Shree Jagannath Temple complex in Puri is permissible.(2) Fr....
A court may grant leave to institute a suit without notice under Section 80(2) CPC if urgent relief is necessary, and the appointment of an Advocate Commissioner for local investigation is valid and ....
The Archaeological Survey of India must adhere to natural justice principles and provide an opportunity for hearing before taking enforcement actions against properties in regulatory zones.
Actions would be taken to verify that the existing structure is in accordance with the existing Development Permission and only thereafter, Building Usage Permission would be granted.
The court established that existing permanent constructions completed before the issuance of a restrictive Notification under the Works of Defence Act are exempt from such restrictions, permitting th....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
