Hari Shankar And Anr. vs Union Of India (Uoi) And Ors. País/Territorio India Tipo de la corte Nacional - corte superior Fecha Ago 9, 1999 Fuente UNEP, InforMEA Nombre del tribunal High Court of Rajasthan Juez Kokje, V.Mital, S. Número de referencia AIR 2000 Raj 26, 2000 (1) WLC 351 Idioma Inglés Materia Medio ambiente gen. Palabra clave Patrimonio cultural Zona protegida Resumen The petitioners/appellants complain that the respondents are trying to remove construction put up by them in an area which does not fall within the definition of 'protected area' under the Areheological Sites and Remains Act, 1958. By the impugned order the learned single Judge dismissed the petition holding it to be involving disputed questions of fact, which could not be decided under Article 226 of the Constitution of India. The Court on the contrary considers that the dispute is as to whether Jaisalmer Fort area is a protected area as defined by 1958 Act which is purely a question of law. As it is an admitted fact that the appellants' construction is within the walls of the Jaisalmer Fort, there is no doubt that it comes within the protected area as defined by Section 2 (i) read with Section 2 (d) of Ancient Monuments and Archeological Sites and Remains Act, 1958. In Part II of the Schedule at Serial No. 59 in the State of Rajasthan, Jaisalmer Fort including ancient temples has been declared to be ancient and historical monuments and archaeological sites and remains of national importance Thus, the combined effect of Clauses (d) & (i) of Section 2 and Section 3 of the Act is that Jaisalmer Fort with its entire precincts is a protected area being an archeological site and remains of national importance for the purposes of the Act and, therefore, the respondents are within their right to proceed against any building constructed by any person within that area in contravention of the provisions of Sub-section (1) of Section 19 of the Act. For the aforesaid reason, The Court finds that though the learned single Judge committed an error in dismissing the petition before him on the ground that it involved disputed questions of fact on merits, there is no force in the petition from which this appeal arises. The appeal, therefore, has no force, it is dismissed. Texto completo COU-156164.pdf Página web www.indiankanoon.org