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11. He has submitted that the contention of the petitioner that the Notification is an excessive invocation of power contrary to the available power under the Eminent Domain is vague and without application of mind. In fact there is bona fide necessity for invoking urgency provision. The impugned land under acquisition is an important archaeological site with unique features, which must be preserved. It is stated the Arikanmedu is an ancient Roman Trade Centre, situated 4 kms, South of Pondicherry on the banks of Ariyankuppam River. The ancient port town dates back to 2nd Century and was inhabited by Romans, Cholas and French who have left their historical footprints on this wonderful place. The archaeological excavations at this site have revealed strong trade links between Pondicherry and Ancient Rome on items like beads, pottery and muslin cloths. The extensive presence of amphora vessels at the site during the excavations denotes the fusion of Indian and Mediterranean pottery skills. Arikanmedu is a colony used as a port for trade with the Romans and Greco-Romans and was an earliest known settlement dating perhaps from the second Century BC by people whose pottery relates to the Iron-age (Megalithic) culture of South India. An ancient Chola coin dating back to 1 B.C. Suggests involvement of Cholas in various port related activities. Some names on seals that were found here have been mentioned in the Sangam literature as well. Jouveau-Dubreail identified Arikanmedu as 'Poduke' in the Periplus Maris Erythraei. Even today one can find beads on the bank of river after a bout of heavy rain. Fragments of Amphoras and a copper coin of Constantine had been minted between 306 and 324 A.D., Suggesting that Arikanmedu flourished from 300 A.D. to 700 A.D. There is also considerable evidence to suggest that this site was occupied during medieval Chola times. Findings of Chola coins, Chinese Celadon pottery and other East Asian glazed ceramics suggest occupation of the site and some of the Medieval East-West maritime trade activity as well. The Historic remains of Arikanmedu site was declared as National Heritage Assets under the Ancient Monuments and Archaeological Sites and Remains Act, (AMASR) 1958, and the Archaeological Survey of India (ASI) maintained it. Further, the Department of Tourism, in view of developing Archaeological Tourism, has appointed HUDCO as consultant agency for development of Arikanmedu as a tourist destination. In principle approval of Archaeological Survey of India has also been accorded for Development, which requires acquisition of approximately 35 hectares of lands. The proposed project in two phases comprises of:

17. He has submitted that the contention that lands acquired, earlier for the same purpose is kept unutilized is totally baseless and misguiding. The very purpose of acquiring the said archaeological site is its protection and therefore, its insitu protection perse is itself utilization. Therefore, the allegation of the petitioner that the acquired land is kept unutilized is out of ignorance, wanton and nothing but folly. In fact, it is being preserved and protected by the Department of Tourism. As said earlier, the in-situ protection of the above said site itself will serve the purpose of utilization. It is respectfully submitted that as ruled in Rambihari Misra (Dr.) v State of M.P. AIR 1964 MP 111 no separate Notification is needed to dispense with 5A enquiry, in fact, a mere notification is required, which has been already done along with Notification issued under Section 4(1). The impugned notification is proper and completely legal and in accordance with the provisions of the Land Acquisition Act, 1894. He has submitted that Historic remains of Arikanmedu site were declared as National Heritage Assets under the Ancient Monuments and Archaeological Sites and Remains Act, (AMASR) 1958, and the Archaeological Survey of India (ASI) maintains it.