- (1.) Dispute in this petition relates to plots no. 292 area0.10 hectare, 296 area 0.53 hectare, 297 area 0.80 hectare and 298 area 0.41 hectare, total area 0.744 (hereinafter referred to as the 'land in dispute') hectare situate in village Jhansi Civil, district Jhansi falling under non Z.A. Area. Petitioner is duly recorded as owner of the aforesaid plots in the revenue records. A notice dated 21.6.2011 was issued by the Superintending Archaeologist, Archaeological Survey of India, respondent no. 3 under Section 20-A and 20-B of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 as amended by Act No. 10 of 2010, contained a recital to the effect that in terms of the aforesaid provisions, an area extending up to a distance of 100 meters and thereafter a 200 meters having been declared a protected and regulated area, the construction work of boundary wall being undertaken by the petitioner falls in the regulated area of the protected Monument of Major F.W. Pinkney was illegal and attracted the penal provisions. The notice further required the petitioner to keep the construction work in abeyance and show cause as to why the alleged illegal construction be not removed or demolished.
(2.) In reply to the show cause notice, petitioner made an application dated 29.6.2011 stating that the construction of the boundary wall was only for the purpose of security and demarcation of the boundaries of the plots under his ownership and a request was made to grant a month's time for submitting a detail reply. Vide order dated 13.7.2011 the respondent no. 3 reiterated that the construction of the boundary wall made by the petitioner since fell in the regulated area of the protected monument, as such, it was illegal and further action shall be taken accordingly. Notice dated 21.6.2011 and the order dated 13.7.2011 passed thereon are subject matter of challenge in this petition.
(3.) We have heard Sri M.C.Chaturvedi, learned Senior Advocate assisted by Dr. Y.K.Srivastava appearing for the petitioner and Sri Shreesh Gopesh appearing for the respondents.;