Delhi High Court Bar Assoc. and Others vs Union of India

The heritage bye laws required to be framed for the protected monument Sher Shah Suri Gate? as was assured to this court on the last date of

hearing have yet to be finalized.

We defer further hearing, but simultaneously record that for such portions of the Delhi High Court Complex as fall beyond the boundary of the

regulated area, as reflected in Ex.P1, as per order dated 30.9.2011, no permission is admittedly required from the ?National Monument

Authority? with respect to building activity thereon.

We take on record further statement of fact which is agreed to by all parties that the 2.74 acre land referred to in Para 12 of our order dated

30.9.2011 as also Block ?C? building of the Delhi High Court are outside the boundary of the regulated area of the protected monument, Sher

Shah Suri Gate?.

At this stage, Sh.Amarjeet Singh Chandhiok, learned Senior Counsel informs this court, a fact not disputed by Sh.Vijay Singh, Competent

Authority under the Ancient Monument and Archaeological Sites and Remains Act, 1958 that till date, the National Monument Authority, required

to be constituted as per the mandate of Section 20F of the Ancient Monument and Archaeological Sites and Remains Act, 1958 has not yet been

constituted. Learned senior counsel further informs that with respect to regulated areas, permission for construction has to be granted by the

Competent Authority as per Section 20D of the Act. Learned senior counsel points out that the procedure is that sanction/permission required as

per Section 20C of the Act has to be by way of an application made to the Competent Authority as per manner prescribed, who then, within 15

days of the receipt of the application, has to forward the same to the National Monument Authority as per the mandate of Sub-Section 2 of

Section 20D, for consideration of the impact of the proposed construction with respect to heritage bye laws. Learned Senior Counsel further

points out that as per the mandate of Sub-Section 3 of Section 20D, the National Monument Authority is oblige to take a decision within two

months from the date of receipt of the application under Sub-Section 2 of Section 20D.

In a somewhat similar situation, noting that the Authority i.e. National Monument Authority in the State of Maharashtra had not been constituted,

as per decision dated 30.6.2011 in W.P. No. 1840/2011, Dr. Kshitij M. Kulkarni Vs. Union of India and Ors., a Division Bench of the Bombay

High Court issued directions that till the Authority was constituted, powers of the Authority under the Act would be exercised by the Competent

Authority.

We note that the Ancient Monument and Archaeological Sites and Remains Act, 1958 was promulgated on 29th March, 2010 and till date, the

National Monument Authority had not been constituted by those who are oblige to do so.

On the one hand, the provisions of the Act have been made applicable and on the other hand, the mechanism to give effect to the provisions has

not been put in place. This means that such citizens of Delhi who are affected by the Act are left without an Authority to be approached. Thus, we

issue a direction to the Central Government to notify the members of the National Monument Authority consisting of a full time Chairperson and

such number of members (part-time) as are envisaged under the Ancient Monument and Archaeological Sites and Remains Act, 1958 pertaining to

the Union Territory of Delhi within a period of 30 days from today, failing which we issue a mandamus that till the National Monument Authority is

constituted the powers of the Authority under the Ancient Monument and Archaeological Sites and Remains Act, 1958 would be exercised by the

Competent Authority, who currently happens to be Sh.Vijay Singh.

List on 7.12.2011.

Dasti under the signatures of Court Master to Sh.Vijay Singh and to counsel for the parties.