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Learned Advocate for the respondents further submits that according to the provisions of Section 20A of the Ancient Monuments and Archaeological Sites and Remains (AMASR) Act, 1958, there is a prohibited area which is declared to be 100 mtrs. beginning of the limit of the protected monument and according to him, Tamluk Rajbati has been declared to be a protected monument. According to the learned Advocate, since, Tamluk Rajbati has been declared to be a protected monument having National Importance where according to the said proviso, 100 mtrs. from the said monument is to be considered as the prohibited area.

Having regard to the submission made by the learned Advocate appearing for the respondents as also the affidavit-in-oppositions used by the said respondents and the materials disclosed thereat, this Court holds that at this stage no mandatory order can be passed. The only order which can be passed on this writ petition is to direct the Superintending Archaeologist, A.S.I., Kolkata Circle, Kolkata, C.G.O. Complex, 4th Floor, Salt Lake City, Sector- I, Kolkata - 700 064, respondent No. 10, to consider the grievance of the petitioner as to whether the site where the petitioner has been intending to make the construction falls within the prohibited and/or regulated area within the meaning of Section 20A and 20B of the Ancient Monuments and Archaeological Sites and Remains (AMASR) Act, 1958 and for this purpose the petitioner is granted leave to make appropriate application before the said Authority within a fortnight from date and if such application is made within the time stipulated, the Authority shall dispose of the same within a period of four weeks thereafter and communicate the decision thereof to the petitioner forthwith. This direction is peremptory and mandatory in nature.

The Authority shall dispose of the application if the same is made by the petitioner after giving an opportunity of hearing and by passing a reasoned order. While taking such decision the Authority is directed to consider the provisions of Section 20A with that of provisions of Section 20B of the Ancient Monuments and Archaeological Sites and Remains (AMASR) Act, 1958 in as much as the proviso under Section 20A is in respect of a further specification of a prohibited area beyond 100 mtrs. whether is there any such notification made by the Authority declaring any area as a regulated area beyond 100 mtrs. as per provisions of Section 20A or not because no such notification has been annexed to the affidavit-in-opposition. At the same time if the Authority has declared beyond 100 mtrs. from the prohibited area or any further area as a regulated area whether such declaration of regulated area has been notified in the Official Gazette or not.