Case Note & Summary
Two writ petitions were filed by owners of properties abutting Agastyateertha pond in Badami, Karnataka, challenging notices issued by the Archaeological Survey of India (ASI) under Section 19(2) of the Ancient Monuments and Archaeological Sites and Remains Act, 1958, directing removal of their structures allegedly encroaching on a protected monument. The petitioners claimed ownership and that their houses had existed since pre-independence. They argued that earlier acquisition proceedings under the Land Acquisition Act, 1894 were dropped because the ASI failed to deposit compensation. They filed a representation to the Town Municipal Corporation for rehabilitation. The ASI issued the impugned notices treating them as unauthorized occupants. The petitioners contended that the ASI lacked competence, no notification of protected area permitted summary removal, and that due process of acquisition and compensation was mandatory. The ASI relied on a 1929 Bombay Gazette notification under the Ancient Monuments Protection Act, 1904, and a 1992 notification declaring a prohibited area under Section 20A of the 1958 Act. The court heard arguments on the scope of Section 19(2) and whether pre-existing structures could be removed under that provision. No final order is included in the text provided.
Headnote
A) Ancient Monuments and Archaeological Sites - Protected Area - Section 19(2) of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 - Scope of Removal Power - Petitioners argued that the ASI lacked authority to issue removal notices for structures existing since pre-independence and that no notification of protected area barred application of Section 19(2); ASI countered citing a 1929 Gazette notification and 1992 declaration under Section 20A. The court examined whether the removal power under Section 19(2) extends to such pre-existing structures. No final decision is recorded in the provided text (Paras 1-10).
Issue of Consideration
Whether the Archaeological Survey of India can invoke Section 19(2) of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 to remove structures that existed prior to the area being declared a protected or prohibited zone
Final Decision
Decision not clearly stated
Law Points
- Legal points not extracted
- Section 19(2) of Ancient Monuments and Archaeological Sites and Remains Act
- 1958 applies to constructions raised after declaration of protected area
- pre-existing structures cannot be removed without acquisition and compensation
Case Details
2026 LawText (KAR) (05) 28
W.P. No. 100696/2021 (LA-RES) c/w W.P. No. 148676/2020 (LA-RES)
Justice Sachin Shankar Magadum
Sri S C Hiremath, Sri S B Heballi (for petitioners); Sri V S Kalasurmath, Sri Shivaprasad Shanthanagoudar, Sri M B Kanavi (for respondents)
Vinayak S/o Manohar Kulkarni and others; Shoukatali Shekhasab Soudagar and others
State of Karnataka, Deputy Commissioner Bagalkot, Special Deputy Commissioner and General Manager Land Acquisition, Town Municipal Corporation Badami, Archaeological Survey of India Badami Sub Circle, Archaeological Survey of India Dharwad Circle
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Nature of Litigation
Writ petitions under Article 226 challenging notices issued by Archaeological Survey of India under Section 19(2) of the Ancient Monuments and Archaeological Sites and Remains Act, 1958, directing removal of alleged encroachments/structures near a protected monument.
Remedy Sought
Petitioners sought quashing of the impugned notice dated 11-11-2020 and a direction to initiate acquisition proceedings under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
Filing Reason
ASI issued notices to remove structures within 10 days, treating the petitioners as unauthorized occupants, without acquiring the land or providing rehabilitation, despite the structures existing for decades and acquisition proceedings under the 1894 Act having been dropped.
Previous Decisions
Earlier acquisition proceedings under Sections 4 and 6(1) of the Land Acquisition Act, 1894 were dropped because the beneficiary (ASI) failed to deposit compensation. A representation was made to the Town Municipal Corporation on 21.10.2015 for rehabilitation. No previous court order mentioned.
Issues
Whether the 5th respondent (ASI) has jurisdiction to issue notice under Section 19(2) of the Ancient Monuments and Archaeological Sites and Remains Act, 1958, especially when the structures predate the notification of the area as protected/prohibited?
Whether the respondents can evict the petitioners without following due process of acquisition and providing compensation/rehabilitation?
Submissions/Arguments
Petitioners argued they are absolute owners; the impugned notices treating them as unauthorized occupants are illegal; the 5th respondent is not competent and has no jurisdiction to invoke Section 19; no notification of protected area as required; the houses have existed since pre-independence, so they are not 'new construction' under Section 2(dc); no acquisition or rehabilitation; reliance on earlier judgments.
Respondents argued the area was declared protected by Bombay Government Gazette Notification dated 17.3.1929 under the Ancient Monuments Protection Act 1904; Section 20A and notification of 16.6.1992 declared prohibited area; the structures are encroachments and the ASI has power under Section 19(2) to remove them.
Ratio Decidendi
Ratio not explicitly mentioned
Judgment Excerpts
The petitioners are claiming to be the owners of the properties which are situated within a protected area and the same are abutting to Agastyateertha pond.
Procedural History
Petitioners filed writ petitions under Article 226 of the Constitution of India seeking certiorari to quash ASI notice dated 11-11-2020 and mandamus for acquisition proceedings. Earlier, acquisition under Land Acquisition Act 1894 was initiated but dropped due to non-deposit of compensation. Representations for rehabilitation were made on 21.10.2015. The matters came up for hearing.
Acts & Sections
- Constitution of India: Article 226
- Ancient Monuments and Archaeological Sites and Remains Act, 1958: 2(a), 2(i), 2(j), 2(dc), 19(2), 20A, 20-O
- Land Acquisition Act, 1894: 4, 6(1)
- Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013:
- Ancient Monuments Protection Act, 1904: 8(1)
