- (1.) I Khokra Kot - a declared "protected area" The writ petition is at the instance of a Society formed by the residents of Khokra Kot challenging the notices issued by the Archaeological Survey of India, arrayed as the 2 nd respondent, calling upon the addressees to remove the constructions put up on the property under Section 19 of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (hereinafter called, 'the 1958 Act'). It is an admitted case that the site of "ancient city" at Khokra Kot, Rohtak district has been declared as protected monument under Section 3(i) of the Ancient Monuments Preservation Act, 1904 (hereinafter called, 'the 1904 Act'). This notification has been confirmed in the Punjab Gazette dated 17.12.1904, by a notification issued in exercise of powers of the Central Government under Section 20(1) of the 1904 Act. The following area was declared as "protected area":- "The site known as Khokhra kot in Rohtak District in the Punjab comprising the Khasra Nos. set out in the annexed schedule. SCHEDULE Khasra No.4430 measuring 8 bighas and 10 biswas Khasra No.4443 measuring 0 bigha and 3 biswas Khasra No.4454 measuring 0 bigha and 17 biswas Khasra No.4484 measuring 0 bigha and 19 biswas Khasra No.6775 measuring 24 bighas and 1 biswas Khasra No.6776 measuring 1 bigha and 17 biswas Khasra No.6781 measuring 38 bighas and 17 biswas Khasra No.6782 measuring 10 bighas and 19 biswas Khasra No.6783 measuring 11 bighas and 16 biswas Khasra No.6787 measuring 17 bighas and 5 biswas Khasra No.6788 measuring 5 bighas and 13 biswas Khasra No.6789 measuring 13 bighas and 5 biswas Khasra No.6791 measuring 7 bighas and 4 biswas Khasra No.6792 measuring 30 bighas and 10 biswas Khasra No.6793 measuring 0 bigha and 8 biswas Khasra No.6794 measuring 2 bighas and 16 biswas Khasra No.6798 measuring 0 bighas and 16 biswas Khasra No.6799 measuring 53 bighas and 9 biswas Khasra No.6800 measuring 1 bigha and 11 biswas Khasra No.6801 measuring 31 bighas and 9 biswas Khasra No.6802 measuring 4 bighas and 18 biswas Khasra No.6803 measuring 3 bighas and 1 biswas Khasra No.6804 measuring 30 bighas and 7 biswas Khasra No.6846 measuring 21 bighas and 15 biswas Khasra No.6847 measuring 1 bigha and 6 biswas Khasra No.6859 measuring 36 bighas and 4 biswas Total 360 bighas and 4 biswas or 225 acres. II. Petitioner's contention: Effect of declaration on ownership rights
(2.) The contention is that the property which is declared as a 'protected area' under the 1904 Act allows for user of the property without impairing the ownership rights and if it is however proposed to carryout excavations, the Government could do so by acquiring the property and paying compensation under the Land Acquisition Act. The power of acquisition is secured through Section 20-C of the 1904 Act. The petitioner's grievance is that the present notices which are issued directing the removal of constructions under Section 19 of the 1958 Act is untenable, since none of the members of the petitioner-Society could be directed to be evicted or required to be removed without the Government deciding to acquire the property in the manner contemplated under Section 20-C of the 1904 Act. III. State's defence & compulsion to act for removal of construction
(3.) The State has filed its objections stating that the members of the petitioner-Society, namely, the local residents knew all along that the property which is the subject of impugned notices had been declared as a 'protected area' and constructions of the petitioner are unauthorized. The exercise for removal of these unauthorized constructions has been undertaken by the Government even earlier but they were thwarted by the resistance of the villagers. The State was sensitive to the directions given by the this Court in Munshi Ram Versus State of Punjab and others in CWP No.17704 of 1997, decided on October 4, 2008, where this Court has given various directions for the purpose of carrying out the provisions of 1958 Act effectively and the Court directions include, allowing for even any public spirited person to approach the Court within one month from the date of the judgment of this Court, if the encroachments of the ancient monuments had not been carried out. The State action was prompted by the High Court directives and the petitioners shall not be allowed to continue in possession of the property. ;