LexARCHEOLOGICAL SURVEY OF INDIA versus STATE OF M.P. & ORS.
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[2014] 7 S.C.R. 1 ARCHEOLOGICAL SURVEY OF INDIA V. STATE OF M.P. & ORS. (Civil Appeal No.5529/2014) MAY 09, 2014 [SURINDER SINGH NIJJAR AND A.K.SIKRI, JJ.] Madhya Pradesh Ancient Monuments and A B Archaeological Sites and Remains Act, 1964 - s. 19 - Ancient and Historical Monuments and Archaeological Sites C and Remains Act, 1958 - ss. 2, 3 - Protection of ancient monuments - Writ petitions by Archeological Survey of India (AS/) and a public spirited person - Preservation and protection of Bade Baba Jain Temple in Kundalpur, M.P. constructed somewhere in 6-7th Century A.O. on the ground o that the temples are protected ancient monuments of national importance under the 1958 Act and Jain Temple Trust is carrying out illegal construction and damaging the Temple - Order of High Court that original temple declared to be an ancient monument does not survive, idol of 'Bade Baba', an E ancient monument, alone survives - Idol of 'Bade Baba' governed by 1964 Act, thus, AS/ has no jurisdiction over it - Directions issued to the Trust to obtain permission from State Government to raise construction of temple to preserve and protect idol of Bade Baba - On appeal, held: Order passed F by the High Court upheld - 1964 Act (State Act) is applicable and monuments are not covered by 1958 Act (Central Act) - AS/ has no jurisdiction, archaeological site being governed by 1964 Act, thus, State Government has jurisdiction over the Temple - Temples recorded as 'private' temples in the Register of the year 1956. maintained by AS/, thus, not G intended to be taken over as monuments of national importance - Further, when the existing dome and outside structure of the temple which housed Bade Baba idol had 1 H 2 SUPREME COURT REPORTS [2014] 7 S.C.R. A become totally dilapidated and it needed re-construction, outer structure of the temple was constructed though it was not the replica of the old structure as a/so the rituals were performed at the time of temporary shifting of the idol - This was as per Jain Agamas - However, High Court did not look B into the aspect of construction by the trust - Certain directions issued to the competent authorities as regards the nature of construction and its appropriate solution - Ancient Monuments Preservation Act, 1904 - s. 3 - Heritage - Ancient monuments. c ASl-appellant and M-public spirited person filed two writ petitions before the High Court seeking preservation and/or protection of Bade Baba Jain Temple situated in Kundalpur in MP since the Jain Temple Trust (respondents 9 to 11) was carrying out illegal D construction and thereby vandalizing the Bade Baba Jain Temple even when they are protected ancient monuments under the Ancient and Historical Monuments and Archaeological Sites and Remains Act, 1958 and the Rules of 1959. The High Court disposed of the writ E petitions holding that the question of preservation and/ or protecting of the monuments does not arise since the I original temple which was declared to be an ancient monument by virtue of Notification issued under Section I 3 of Ancient Monuments Protection Act, 1904 does not F survive rather the idol of 'Bade Baba' which is an ancient monument, alone survives. Further, the idol of 'Bade Baba' is governed by the local Act, M.P. Ancient Monuments and Archeological Sites and Remains Act 1964 and thus, ASI has no jurisdiction over it. Hence, the G instant appeals. Dismissing the appeals, the Court HELD: 1. ASI has no jurisdiction in the matter and the archaeological site in question is governed by the H Madhya Pradesh Ancient Monuments and ARCHEOLOGICAL SURVEY OF !NOIA v. STATE OF 3 M.P. Archaeological Sites and Remains Act, 1964, over which A it is the State Government authorities who are competent to play their statutory role in accordance with the provisions of the 1964 Act. [Para 58) [46-H, 47-A] 2.1. The Ancient & Historical Monuments & 8 Archeological Sites & Remains (Declaration of National Importance) Act, 1951 as well as the Ancient and Historical Monuments and Archaeological Sites and Remains Act, 1958 are the post-Constitution Acts. In both the Acts, the Parliament has used the expression 'Central Government'. The Parliament is 'deemed to be aware C about the concept and meaning of the term 'Central Government' under the Constitution. Therefore, the submission that the expression 'Central Government' should be read so as to include 'lo
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