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(C) Issue for consideration of the Court:

23. From the pleadings of the respective parties available on record and the arguments made by the learned Counsel representing respective parties, in our opinion, the question which falls for our consideration is, as to whether in absence of the declaration of the temple site in question either as (i) "ancient monument" under 1958 Act, or (ii) as "ancient and historical monument" under 1960 Act, or (iii) as a "heritage site"

under the DCR, the prayer for issuing direction for protection of the site as a monument of historical important can be granted? (D) Analysis:

25. The Parliament has enacted the Ancient Monuments and Archaeological Sites and Remains Act 1958 (Act No.24 of 1958) with an object of providing for preservation of ancient and historical monuments and archaeological sites and remains of national importance and also for regulation of archaeological excavations and for protection of sculptures, carvings and other like objects. Prior to enactment of Act No.24 of 1958, the field was covered by the Ancient and Historical Monuments and Archaeological Sites and Remains (Declaration of National Importance) Act, 1951 and the Ancient Monuments Preservation Act, 1904, both of which, however, stand repealed by virtue of operation of Section 39 of the 1958 Act.

(c) Such portion of land adjoining the site of such monument as may be required for fencing or covering in or otherwise preserving the monument, and
(d) The means of access to, and from, and convenient inspection of, such monument.

39. Section 3 of 1960 Act provides that ancient and historical monument in the State of Maharashtra declared as such before commencement of 1960 Act shall also be deemed to be protected monument for the purpose of the said Act. Section 4 of 1960 Act empowers the State Government to declare any ancient and historical monument to be protected monument. Section 3 and 4 of 1960 Act are also quoted hereunder:

3. Certain ancient and historical monuments deemed to be protected monuments "All ancient and historical monuments in the State of Maharashtra, which before the commencement of this Act have been declared by or under the Ancient Monuments Preservation Act to be protected monuments, and have not been declared by or under any law made by Parliament to be of national importance, shall be deemed to be protected monuments for the purposes of this Act."