plea that the properties fell
within the jurisdiction of the Ancient Monuments Act,
2010 and therefore reliefs in the plaint were unavailable
particularly within ... defence that the suit
properties were ancient monuments and fell within the
purview of the Ancient Monuments Act, 2010, the
Tribunal answered the issue
Archaeological Sites and Remains Act, 1958 [for short, the
Central Act] provides that a protected area or a protected
monument, as the case ... empowers the
government to declare an ancient monument as a
protected monument. Section 20 of the Karnataka Act
provides for imposition of restrictions from utilizing
Archaeological Sites and Remains Act, 1958 [for short, the
Central Act] provides that a protected area or a protected
monument, as the case ... empowers the
government to declare an ancient monument as a
protected monument. Section 20 of the Karnataka Act
provides for imposition of restrictions from utilizing
ANCIENT MONUMENT &
ARCHAEOLOGICAL REMAINS RULES 1959 ARE ULTRAVIRUS
THE PROVISIONS OF THE ANCIENT MONUMENT &
ARCHAEOLOGICAL REMAINS ACT 1958 AND OR OTHERWISE
ILLEGAL VOID ... short) be declared
ultra-vires the provisions of Ancient Monument and
3
Archeological Remains Act, 1958 ('the Act' for short).
The provisions
provisions of the Karnataka Certain Inams
Abolition Act, 1977 (Hereinafter referred to as the 'KCIA Act',
for brevity), which was competent court ... monuments.
The said order was challenged by the Karnataka Wakf Board
5
alleging that the lands had been declared as wakf under the
Wakf Act
Satish N vs State Of Karnataka on 10 November, 2016
Author: Raghvendra S.Chauhan
Bench
held
that those gateways were not historical monuments and they
were not notified as archaeological monuments by the
Archaeological Survey of India. Moreover ... gateways were of historical
nature to hold that the Municipal Council acted illegally or
without authority in demolishing those structures.
6
We do not find