Hon'ble MISHRA, CJ.—The writ petition has been filed in public interest in order to protect Chittorgarh Fort, which is protected ancient monument under the provisions of the Ancient and Historical Monuments and Archaeological Sites and Remains (Declaration of National Importance) Act, 1951 (hereinafter referred to as “the Act of 1951”) and Ancient Monuments Archaeological Sites and Remains Act, 1958 (hereinafter referred to as “the Act of 1958”). Prayer has been made in the writ application to direct the Archaeological Survey of India (for short “the ASI”) to protect the Chittorgarh Fort; blasting within 10 kms. from the boundary wall of fort be directed to be stopped; respondent-Mining Department be directed not to allot any fresh mining lease within the periphery of 10 kms. from the boundary wall of fort; open blasting which is not permissible in the Municipal area be ordered to be stopped and licenses/lease granted be ordered to be cancelled.

2. It is averred in the petition that the petitioners are residents of different villages adjacent to the Chittorgarh Fort; the Chittorgarh Fort is ancient monument within the meaning of Section 2(a) of the Act of 1958; the Fort is more than 1000 years old; notification dated 17.12.1956 was published in the official gazette by the Central Government to declare the Fort to be ancient monument; the State Government is duty bound to protect the ancient monument as per mandate of Article 49 of the Constitution of India. Chittorgarh Fort is one of the unique and oldest forts of Rajasthan which has enhanced not only the glory of Rajasthan but India also. It is an embodiment of the greatness and glory of the land. It is spread in the area of about 700 acres and stands on 152 meter high hill measuring 5 km. long and 0.91 km. Wide. The eventful history of Chittorgarh Fort is characterized by its rich monumental heritage. Chittorgarh Fort was got constructed by different rulers from 7th to 8th Century to Sishodiyas; during various Sultnats, several attempts were made to capture and destroy the Fort, but efforts failed due to its strong construction; Chittorgarh Fort is guarded by a massing fortification wall running along the cliff of the hill; the fort is approachable from three sides north, east and west; Chittorgarh Fort is famous for various structures, palace complex consisting of Ranakumbha Palace, Ratan Singh Palace, Padmini Palace and Bhama Shah Palace; religious complexes consisting of Jain and Hindu temples including Kumbhashyam, Kalika Mata, Charbhuja and Laxmi Narayan etc.; there is Vijay Stambha known as 'Tower of Victory' erected by Maharana Kumbha in 1433-1468 AD and this nine storied building is 14.32m square and rises to a height of 37.19m above the ground; there is Kirti Stambha, which is one of the interesting jaina monuments singularly elegant specimen of its class and it is erected on high platform measuring about 9m in diameter at the base and 4.05m at the top with total height of 24 m; considering the importance of various Stambhas, Palaces, archaeological, historical as well as architectural significance, Chittorgarh Fort has been statutorily declared ancient monument of national importance.

3. It is also averred in the petition that Fort comes within the periphery of the Municipal Board and is surrounded by Gram Panchayat, Manpura, Gopalnagar, Surjna Je in the north; in the southern side of the Fort, there are villages Khadi Babri, Bidgas, Chittordhi Khera and Kheri; in the east side, there is Bheru Singh Ka khera and in the west side, there is Surajpole.

4. It is further averred that the State Government has allotted land to the Mining Department for its allotment for the purpose of mining. Earlier public interest litigation being D.B.Civil Writ Petition No.1316/1999 Thakur Ummed Singh vs. Union of India & Ors. was filed before this Court in which reply was filed by the Mining and Geological Department and Archaeological Survey of India and on 6.8.2002, the Division Bench

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