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Orissa High Court

Dharanidhar Nanda And Others vs Union Of India And Othes .... Opposite ... on 29 March, 2022

Author: R.K. Pattanaik

Bench: R.K. Pattanaik

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                             W.P.(C) No. 20372 of 2015


            Dharanidhar Nanda and Others                  ....          Petitioners
                                                      Mr. S.B. Mohanty, Advocate
                                           -versus-
            Union of India and Othes                      ....     Opposite Parties
                                 Mr. Biswajit Maharana, Central Govt. Counsel

            CORAM:
            THE CHIEF JUSTICE
            JUSTICE R.K. PATTANAIK
                                         ORDER

Order No. 29.03.2022

21. 1. The Court has perused the report dated 12th April, 2019 of the Superintending Archaeologist, Archaeological Survey of India (ASI), Bhubaneswar Circle in relation to the steps taken for preserving the Ananteswar Mahadev Temple at Lendura, Bhagawanpur, Dist-Cuttack which has by notification dated 2nd April, 2014 of the ASI been declared to be an ancient monument of national importance. The said letter inter alia states that there is a sketch plan drawing which has to be physically demarcated on the ground by the State Authorities and the matter is pending before the Tahasildar, Nischintakoili, Cuttack.

2. The affidavit of the ASI also points out that at the present the said centrally protected monument is surrounded by many modern structures falling under the prohibited area in the name of 'worship', which contravenes the Ancient Monuments and Archaeological Sites and Remains Act (AMASR Act) and which are to be removed in due course.

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3. The Court directs the Collector, Cuttack to file an affidavit on both the above aspects viz., completion of physical demarcation as well as removal of structures that are surrounding the centrally protected monument. The affidavit be filed not later than 20th June, 2022 with an advance copy to learned counsel for the parties.

4. List on 4th July, 2022.

(Dr. S. Muralidhar) Chief Justice (R.K. Pattanaik) Judge S.K. Jena/P.A. Page 2 of 2