Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1964 Madhya Pradesh Ancient Monuments and Archaeological Sites and Remains Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Madhya Pradesh Ancient Monuments and Archaeological Sites and Remains Act, 1964 - s. 19 - Ancient and Historical Monuments and Archaeological Sites and Remains Act, 1958 - ss. 2, 3 - Protection of ancient monuments - Writ petitions by Archeological Survey of India (ASI) and a public spirited person - Preservation and protection of Bade Baba Jain Temple in Kundalpur, M.P. constructed somewhere in 6-7th Century A.D. on the ground that the temples are protected ancient monuments of national importance under the 1958 Act and Jain Temple Trust is carrying out illegal construction and damaging the Temple - Order of High Court that original temple declared to be an ancient monument does not survive, idol of 'Bade Baba', an ancient monument, alone survives - Idol of 'Bade Baba' governed by 1964 Act, thus, ASI has no jurisdiction over it - Directions issued to the Trust to obtain permission from State Government to raise construction of temple to preserve and protect idol of Bade Baba - On appeal, held: Order passed F by the High Court upheld - 1964 Act (State Act) is applicable and monuments are not covered by 1958 Act (Central Act) - ASI has no jurisdiction, archaeological site being governed by 1964 Act, thus, State Government has jurisdiction over the Temple - Temples recorded as 'private' temples in the Register of the year 1956. maintained by ASI, thus, not intended to be taken over as monuments of national importance - Further, when the existing dome and outside structure of the temple which housed Bade Baba idol had become totally dilapidated and it needed re-construction, outer structure of the temple was constructed though it was not the replica of the old structure as also the rituals were performed at the time of temporary shifting of the idol - This was as per Jain Agamas - However, High Court did not look into the aspect of construction by the trust - Certain directions issued to the competent authorities as regards the nature of construction and its appropriate solution - Ancient Monuments Preservation Act, 1904 - s. 3 - Heritage - Ancient monuments. |
Judge | Hon'ble Mr. Justice Arjan Kumar Sikri |
Neutral Citation | 2014 INSC 972 |
Petitioner | Archeological Survey Of India |
Respondent | State Of M.p. & Ors. |
SCR | [2014] 7 S.C.R. 1 |
Judgement Date | 2014-05-09 |
Case Number | 5529 |
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