Tag: AMASRA

Case of tomb in High Court Premises: Part 3

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As the said site was declared as protected monument u/s 3 of the Ancient Monuments Preservation Act, 1904, in 1921, do we really bound to carry over such declaration by the British Government under AMASR Act without any value assessment on the grounds of cultural, historical, artistic, national pride, etc.? Before such assessment we should take a note that British people were only here to loot this nation and we should not glorify any of such person in any way. Continue reading …..

Case of tomb in High Court Premises: Part 1

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1. Under Section 2(j) of the AMASR Act, respondents declared the said tomb and circular vault as ancient monument merely on account of its existence for more than 100 years. The said site does not fulfill any criteria of an ancient monument, as it contains only the remains of close person of the then former Governor. This site does not have any historical, archaeological or artistic significance which need to be protected as ancient monument by respondents on government spending. Continue reading …..

Case of tomb in High Court Premises: Part 2

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The Article 49 of the Constitution of India specifies that it shall be the obligation of the State to protect every monument or place or object of artistic or historic interest, declared by or under law made by Parliament to be of national importance, from spoliation, disfigurement, destruction, removal, disposal or export, as the case may be.” Continue reading …..

Legal Precedents in Heritage Preservation vs Public Welfare: Pataleshwar Caves Case

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Examine how the Bombay High Court balanced public utility and heritage preservation in the Pataleshwar Caves case, analyzing statutory exclusions under Section 2(dc) and key AMASRA legal precedents. Continue reading …..

Analysing the AMASRA Act: The Pataleshwar Caves Pune Heritage Dispute

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Explore the Bombay High Court judgment on the Pataleshwar Caves dispute, examining how AMASRA Section 20-A balances essential urban infrastructure with the statutory preservation of nationally protected ancient monuments in Pune. Continue reading …..

Taj Mahal Beautification Laws vs Private Property Rights: A Legal Overview

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While determining the compensation, the concerned authority of the Union of India will bear in mind that the restrictions were applicable under Section 20A from 4th September, 1998. Continue reading …..

Article 49 of Constitution of India

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Provision of Article 49 Provision of Article 49 reads as follows: 49. Protection of monuments and places and objects of national importance It shall be the obligation of the State to protect every monument or place or object of artistic or historic interests,declared by or Continue reading …..