analysing the provisions
of the Ancient Monuments Act 1904, State Re-organization Act
1956 and the Ancient Monuments Act 1958 came to the
conclusion that ... short the ‗Cemetery') which is a monument protected
under the provisions of the Ancient Monuments Act, 1904 and
Ancient Monuments Archaeological Sites and Remains
Monuments and Archaeological Sites
and Remains Act, 1958 ("the Ancient Monuments Act ").
6. The Act is enacted for planned development of different areas ... land in question have violated the provisions of the
Ancient Monuments Act . Mr. Parikh thus submitted that the
development permission is required to be cancelled
Bhojshala has already been notified as one of the protected monuments
under the Monuments Act of 1904 and thereafter again in 1951, therefore ... places are separate and distinct. Being
notified monument under the provisions of earlier Monuments Act, 1904 ,
substituted by later Monuments Act, 1958, it could have
Sites and Remains Act, 1960 (Act XII of 1961).
37. Section 2(1) of 1960 Act defines ancient and historical
monument to mean any structure ... monuments
deemed to be protected monuments
"All ancient and historical monuments in the State of
Maharashtra, which before the commencement of this Act
have
Sites and Remains Act, 1960 (Act XII of 1961).
37. Section 2(1) of 1960 Act defines ancient and historical
monument to mean any structure ... monuments
deemed to be protected monuments
"All ancient and historical monuments in the State of
Maharashtra, which before the commencement of this Act
have
Central Act and not of the State Act.
27. Section 2(i) of the State Act reads as under:
(1) ancient and historical monument ... protected" under the Central Act. The State Act applies to those "ancient and historical monument" which are within the State and have
would only be applicable to monuments declared to be a protected monument or monument of national importance under Act ... notification declaring the monument in question to be a protected monument or monument of national importance in terms of Act
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the monument is the determining factor for declaring the monument as a
protected monument. However, in the case on hand, the monument has
neither ... monument as a protected monument, merely because during the
British regime, the said monument was declared as a protected monument
under Act
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the monument is the determining factor for declaring the monument as a
protected monument. However, in the case on hand, the monument has
neither ... monument as a protected monument, merely because during the
British regime, the said monument was declared as a protected monument
under Act
present two Acts in force relating to ancient monuments-the Ancient Monuments Preservation Act, 1904, and the Ancient and Historical Monuments and Archaeological Sites ... Remains (Declaration of National Importance) Act, 1951. The Act of 1951 merely declares certain monuments, etc., to be of national importance and the Act
