ARCHAEOLOGICAL SURVEY OF INDIA versus NARENDER ANAND AND OTHERS

Citation: [2012] 1 S.C.R. 260 · Decided: 16-01-2012 · Supreme Court of India · Bench: G.S. SINGHVI · Disposal: Disposed off
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Judgment (excerpt)

A 
B 
c 
[2012] 1 S.C.R. 260 
ARCHAEOLOGICAL SURVEY OF INDIA 
v. 
NARENDER ANAND AND OTHERS 
(Civil Appeal No. 2430 of 2006) 
JANUARY 16, 2012 
[G.S. SINGHVI AND ASOK KUMAR GANGULY, JJ.] 
Ancient Monuments and Archaeological Sites and 
Remains Act, 1958: 
ss. 20"A, 20-B, 20-C and 20-Q (as inserted by 
Amendment Act, 2010) rlw Notification dated 16.6.1992 -
Protected monuments - Janter Manter - Carrying out 
construction works in prohibited area - He/d:The term 
D "renovation" appearing in s. 20C will take its colour from the 
word "repair" appearing in that section - In the garb of 
renovation, the owner of a building cannot demolish the 
existing structure and raise a new one and the competent 
authority cannot grant permission for such reconstruction -
The use of the expression "such other work or project" in 
E clause (b) of s. 20A(3) has to be interpreted keeping in view 
the mandate of Article 49 of the Constitution and the objects 
of the Act, i.e. preservation of ancient and historical 
monuments, archaeological sites and remains of national 
importance - Thus, 'such other work or project' must be in 
F larger public interest in contrast to private interest and any 
construction by a private person de hors public interest 
cannot be permitted - In future, Central Government or the 
Director General shall not pass any order except in 
accordance with the observations made in the judgment -
G Constitution of India, 1950 - Article 49 - Ancient Monuments 
and Archaeological Sites and Remains (Amendment and 
Validation) Act, 2010 - Public interest litigation. 
H 
260 
ARCHAEOLOGICAL SURVEY OF INDIA v. 
261 
NARENDER ANAND & ORS. 
Ancient Monuments and Aichaeo/ogica/ Sites and A 
Remains Rules, 1959: 
r.32 - Ancient monument - Protected limits - Prohibition 
contained in notification dated 16.6. 1992 - HELD: The 
distance of 100 meters has to be counted from the outer 8 
boundary wall of Jantar Mantar, which has the protected area 
of 5.39 acres, and not from the physical structures of the 
observatory - Ancient Monuments Preservation Act, 1904 -
s.3. 
Jan.tar Mantar, New Delhi was declared as a C 
protected monument as per. Notification dated 4.10.1956, 
issued by the Central Government in terms of s.3(1) of the 
Ancient Monuments P;eservation Act, 1904, which was 
published ·in the Gazette of India dated 13.10.1956. By a 
subsequent Notification dated 3.5.1957, the Government 
D 
of Rajasthan was shown as owner of Jantar Mantar. In 
exercise of the power under r. 32 of the Ancient 
Monuments and Archaeological Sites and Remains Rules, 
1959, the Central Government issue~ Notification dated 
16.6.1992, duly published in the official Gazette, declaring 
E 
an area of 100 meters fram the protected limits and 
further beyond it upto 200 meters near or adjoining 
protected monuments to be prohibited and regulated 
areas. When respondefl~ nos. 1 and 2 demolished the 
existing structure on plot No.14, Janpath Lane (the plot 
F 
in question) and started digging foundation for the new 
building, the Conservation Assistant of Archaeological 
Survey of India lodged a complaint on 5.5.2001. The 
Corporation issued notice dated 23.5.2001 to respondent 
nos. 1 and 2 and directed them to stop the construction 
G 
and obtain the requisite permission from the 
Archaeological Survey of India. Respondent nos. 1 and 
2 challenged the letter of the Corporation in Suit No. 645 
of 2002. The Single Judge of the High Court passed an 
H 
262 
SUPREME COURT REPORTS 
[2012f 1 S.C.R. 
A ex parte injunction restraining the Corporation from 
giving effect to the letter dated 23.5.2001 subject to the 
condition that respondent nos. 1 and 2 would furnish an 
undertaking that they would raise construction up to the 
height of 55 feet only. During the pendency of the appeal 
B filed against the order of the Single Judge, the Heritage 
and Culture Forum, Delhi filed Writ Petition No.2635 of 
2002 by way of public interest litigation and prayed for a 
mandamus to stop the construction of multistoried 
building on the plot in question. The Division Bench of 
c the High Court vacated the order of injunction passed by 
the Single Judge but directed the Central Government to 
review the Notification dated 16.6.1992. 
Disposing of the appeals, the Court 
D 
HELD: 
1.1. 
The 
Ancient 
Monuments 
and 
Archaeological Sites and Remains Act, 1958 was 
, 
amended by the Ancient Monuments and Archaeological 
Sites and Remains (Amendment and Validation) Act, 201
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