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17. It has been stated that on 01.04.2005, some officials of the ASI who wanted to repair the Chapel threatened the appellants regarding their forcible eviction. Finally, a show-cause notice was issued to them on 13.09.2005 under the provisions of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (AMASR Act, 1958).
18. Learned counsel for the appellants stated before this Court that they did file a reply to the show-cause notice and, finally, eviction order was passed on 17.10.2005. It is only after a long history of litigation that the ASI finally passed an order on 05.03.2018 directing eviction of the appellants, which has been affirmed by the learned Single Judge.
―22. In totality of the facts and circumstances the D'Eremao cemetery was declared as a protected monument under the AMASR Act, 1904 and which is protected monument in terms of Section 3 of the AMASR, 1958 and the petitioners are encroached within the protected area of the monument.
-- under the Ancient Monuments Preservation Act, 1904, but, The Ancient Monuments and Archaeological Sites and Remains Act, 1958 has no application over it. Whereas, the fact remains that Vide notification No.7331 dated 13.12.1922 and published in the Gazette of India on 23.12.1922, the D'Eremao Cemetery was declared to be a protected monument under the provisions of the Ancient Monuments Act, 1904 (herein after referred to as the 1904-Act). In 1951, the Ancient and Historical Monuments and Archaeological Sites and Remains (Declaration of National Importance) Act, 1951 (herein after referred to as the 1951 Act)' was enacted. By virtue of the said Act, certain specified monuments in Part A States and Part B states, as described in the Schedules to the said Act, were declared to be monuments of National importance, and deemed to be protected under the 1904 Act. With the coming into force of the States Reorganisation Act, 1956, a provision was made for the continued protection of those monuments that had been declared to be protected under the provisions of the 1904 Act in Part C states. With the coming in force of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (hereinafter referred to as AMASR Act), by virtue of Section 3, monuments that had been declared to be of national importance under section 126 of the State reorganization Act, 1956 were ―deemed to ancient and historical monuments or archaeological sites and remains declared to be of national importance for the purpose of this Act.‖ In this . manner, the D'Eremao Cemetery became a monument of national importance protected by the provisions of AMASR Act, and to which the provisions of AMASR Act apply with full force. Since D'Eremao Cemetery is a protected monument and therefore, any kind of encroachments within the cemetery are illegal and without any authority of law.

56. By virtue of the enactment of the Ancient and Historical Monuments and Archeological Sites and Remains (Declaration of National Importance) Act, 1951, certain specified monuments mentioned in Part-A States and Part-B States - as described in the Schedules to the Act, were declared to be monuments of national importance and deemed to be protected under the Act of 1904.

57. The facts further reveal that with coming into force of the States Reorganisation Act, 1956, a provision was made for the continued protection of those monuments that had been declared to be protected under the provisions of the Act of 1904 in Part-C States. With coming into force of the AMASR Act, 1958, by virtue of Section 3 thereof, monuments that had been declared to be of national importance under Section 126 of the States Reorganisation Act, 1956 were deemed to be ancient and historical monuments, or archeological sites and remains declared to be of national importance for the purposes of the AMASR Act, 1958. The D' Eremao Cemetery, thus, became a monument of national importance protected by the provisions of the AMASR Act, 1958, and the provisions thereof apply with full force.