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
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
ancient monument;
Section 2(j) defines "protected monument", which reads as under:-
(j) "protected monument" means an ancient monument
which ... monument, which is of national
importance or state importance shall be protected, preserved and maintained
as national monument or state monument. These monuments not only
Date:29.08.2023
18:42:38
was declared as protected monument under the Ancient
Monuments Preservation Act, 1904 (Act of 1904). Vide
Notification No.7331 dated ... Eremao Cemetery has been declared as a
protected monument under provisions of the Ancient
Monuments Preservation Act, 1904 . In 1951, the Ancient and
Historical Monuments
from the Ancient Monument viz., Vellore fort and under Section 20-
B of the Ancient Monuments and Archaeological Sites and Remains Act, 1958
(as amended ... Meters from
the Ancient Monument i.e. Vellore Fort, in violation of all the aforesaid
provisions of the Ancient Monuments Act
found, the respondent
obtained title under the provisions of the Ancient
Monuments Act . The element of the respondent's
possession of the suit property
found, the respondent
obtained title under the provisions of the Ancient
Monuments Act . The element of the respondent's
possession of the suit property
provisions of AMASR (A&V) Act, 2010.However,
the same has not been acted upon by the respondents.
h) Further, vide letter dated 26th ... overlooking the settled law and guidelines under the Ancient Monuments
and Archaeological Sites and Remains Act, 1958 .
4. It is submitted that the respondents have
Archaeological activities at the Monuments as per
provisions of the Ancient Monuments and Archaeological
Sites and Remains Act, 1958 and main concern of ASI here ... being looked after by
the Committee. ASI maintains the monument as per AMASR
Act, 1958 and accordingly, this report is submitted before
Your Lordships
