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S. 2(1) defines an 'ancient monument' to mean any structure, erection or monument, or any tumulus or place of interment, or any cave, rock-sculpture, inscription or monolith which is of historical, archaeological or artistic interest and which has been in existence for not less than one hundred years.

S. 2(10) defines a 'protected monument' to mean an ancient monument which is declared to be protected by or under this Act.

S. (3) declares that all ancient and historical monuments which have been declared to be protected monuments under the previous legislation shall be deemed to be protected monument under the present Act.

16. The central question is whether having regard to the subjective form and the permissive words of S. (4) it admits of being construed as merely granting a power or whether there is something in the policy and the scheme of the Act which imposes a duty on the Government to apply its mind and to consider any representation made to it on the question whether any particular monument which is an 'ancient monument' deserves to be declared a 'protected monument' under the Act. That the 'Attara Cutcherry' falls within the definition under S. 2(1). and is an ancient monument is not otherwise disputed. This is, of course, subject to the contentions reflected in Points d) and (e) advanced by Sri G. B Raikar,

28. We accordingly, hold and answer Point (c) against the petitioners.

29. Re: Point (d) - The point that Sri G. B Raikar urged is that having regard to the scheme of the Act, the Act is not applicable to, or attracted in case of, a building owned by Government and that, therefore, question of compelling Government to consider the question of declaring 'Attara Cutcherry' as a protected monument under the Act does not arise.

Sri Raikar says that S. 4(l) provides that where the G6vemment is of opinion that any ancient monument should be declared as a protected monument, it should notify its intention in that behalf and sub-secs. (2) and (3) then contemplate the filing of objections by "any person interested". This, according to Sri Raikar, would show that S. 4 is intended to cover cases of ancient-monuments in private ownership. Sri Raikar also referred to certain other provisions in the Act enabling the acquisition of the monument by the Government or entering into agreements with the 9wner for certain purposes.

31. Point (d) is answered accordingly.

32. Re: Point (e) Sri Raikar contends that a monument to be qualified to be reckoned as an Ancient Monument under Sec. 20) of the Act must be "in existence for not less than one hundred years" as on the date of the coming into force of the Act. He says that by this standard 'Attara Cutcherry' does not qualify to be "ancient monument" within the meaning of S. 2(l) and, accordingly, the question of declaring it as a "protected monument" tinder the Act does not arise.