- (1.) ORDER :- This writ petition can be disposed of on a very short point regarding the invalidity of the notification dated February 9, 1979 (Annx. 3). However, a few relevant facts may briefly be stated.
(2.) There is a 'Jag Mandir Palace' situated in Pichhola Lake in Udaipur City. In the year 1962, Maharana Bhagwatsingh, Ex-Ruler of Mewar sold Jag Mandir Island along with Sister-Island Jag Niwas and other properties to the petitioner-company by means of a registered sale-deed. The Government of Rajasthan published a notification under Sub-Sec. (1) of S.3 of the Rajasthan Monuments, Archaeological Sites and Antiquities Act, 1961 (Act No. 19 of 1961) in the Rajasthan Gazette dated January 12, 1967 proposing to declare, inter alia, Jag Mandir Palace, Udaipur as a protected monument. The Jag Mandir was mentioned at S. No. 187 in the said notification with the following description in column No. 5. The relevant part of the notification (Annx- 2) reads as under :- "EDUCATION IV DEPARTMENT No. F. 4(13)Edu./IV/66. Whereas the monuments named below are proposed to be declared as protected, the Government of Rajasthan in exercise of the powers conferred by Sub-Section (1) of Sec. 3 of the Rajasthan Monument, Archaeological Sites and Antiquities Act, 1961 (Act No. 19 of 1961) hereby gives notice of its intention to do so. Any objection made by any interested person within two months from the date of affixing this notification shall be considered by the Government. JUDGEMENT_8_AIR(RAJ)_1987Html1.htm situated inside the Pichhola lake at Udaipur, Prince Khurram-later an emperor Shah Jahan was made to stay here during exile. Date : 17th Century A. D."
(3.) Objections were filed by the petitioner within time under Sub-Sec. (3) of S.3 of the Act of 1961, but objections have not been disposed of and no action has been taken thereon. After a lapse of about 12 years, the Government of Rajasthan published another notification No. 20(45)Edu./IV/79 dated February 9, 1979 declaring the building 'The whole Jag Mandir' in the island of Pichhola Lake as a protected monument under Sub-Sec. (4A) of S.3 of the Act of 1961 as amended by Act No. 2 of 1976. The said notification reads as under :- The above notification was published in the Rajasthan Gazette (Extraordinary) dated February 13, 1979 (Annex. 3).;