N. N. Mathur, J. - (1.) The instant petition has been filed under the label of public interest litigation by Kila Nagrik Vikas Sansthan, a registered society constituted inter alia to strive for welfare of the inhabitants in the Fort Area of Chittorgarh. The Society also claims to take care of the historical monuments situated within the Fort Area.
(2.) It is averred that ancestors of the members of the petitioner Society constructed houses within the fort area on the land owned and possessed by them. The acquisition proceedings were initiated in the year 1976 for acquiring land within the rampart area of the fort for the protection of monuments and archaeological sites. It is claimed that none of the members of the petitioner Society or their predecessors in title were afforded any sort of opportunity of hearing in the land acquisition proceedings. The Land Acquisition Officer, Chittorgarh passed the award in the year 1979 without giving any opportunity of hearing to the members of petitioner Society. Obviously no compensation has been paid. However, notices have been issued to the members of the petitioner Society by the second respondent Superintending Archaeologist. Jaipur in purported exercise of powers conferred by Section 19(2) of Ancient Monuments & Archaeological Sites & Remains Act, 1958 (hereinafter referred as the Act of 1958) read with Rule 41 of the Ancient Monuments & Archaeological Sites and Remains Rules, 1959 (hereinafter referred to as the Rules of 1959), thereby they have been asked to remove the unauthorized constructions in the prohibited/regulatory area of the Chittorgarh Fort. The notices have been served on the persons named in Scheduled B appended to the writ petition.
(3.) The prayer with respect to para B pertaining the challenge to the land acquisition proceedings was deleted by the order of this Court dated 15-1-2004. A counter affidavit has been filed on behalf of Archaeological Department. It is claimed that the subject land has been acquired for the improvement and the beautification of the monuments in the year 1979. As such the subject land vests with the Archaeological Department. Thus, the members of the petitioner Society have rightly been served notices under Section 19(1) & (2) of the Act of 1958. After hearing the learned counsel for the parties, this Court by order dated 28th April, 2004 directed the respondents to prepare a scheme for rehabilitation of the members of the petitioner Society, who are sought to be evicted.;