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2021 Supreme(Raj) 1160

SANGEET LODHA, RAMESHWAR VYAS
Girdhar Memorial Charitabale Trust – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Appellant :Siddharth Joshi and Khet Singh Rajpurohit, Advocates
For the Respondents:Nitesh Mathur on behalf of B.S. Sandhu, Advocate

JUDGMENT :

Sangeet Lodha, J.

1. This intra-Court appeal is directed against order dated 26.2.19 passed by the learned Single Judge of this Court, whereby the writ petition preferred by the appellant challenging the notice dated 16.5.20 issued by the respondents to remove the construction work of wooden doors and plaster work etc. from Suraj Prol Gate inside the Jaisalmer Fort being violative of sub-section (1) of Section 19 of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (for short "the Act of 1958') and Rules 19(1) & 33 of the Ancient Monuments and Archaeological Sites and Remains Rules, 1959 (for short "the Rules"), has been dismissed.

2. The appellant, a charitable trust, owns a property known as Suraj Prol which forms part of Jaisalmer Fort in the State of Rajasthan, is an archaeological monument. According to the appellant, it was in dilapidated condition and was requiring immediate repairs, had timely repair not carried out by the Trust, there was apprehension of said part of the building and structure collapsing and therefore, immediate steps were taken to get the plaster work done for reinforcing the existing structure so as to avoid further damage. Bes

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