Case Note & Summary
The Writ Petition No. 10507 of 2019 was filed by the Mutawalli of Dargah Hazrat Sayed Shah Raju Khattal Husaini, challenging notices issued by the State Archeological Department to halt the construction of a toilet block near the Dargah. The Municipal Council supported the petitioner, while the State and its Archeological Department contested the petition, arguing that permission was required for construction within 100 meters of a protected monument as per Section 21 of the Maharashtra Ancient Monuments and Archeological Sites and Remains Act, 1960. The petitioner contended that the construction of a toilet block did not constitute 'construction' as defined by the Central Act, and that permission had already been granted by the District Collector. The court analyzed the definitions of 'construction' and the implications of the relevant sections of both the State and Central Acts. It noted that the absence of sanitation facilities caused hardship to devotees visiting the Dargah, especially during significant religious events. The court emphasized the need for basic amenities near heritage sites to enhance visitor experience and prevent open defecation. Ultimately, the court quashed the notices to stop construction, directing the Archeological Department to decide on the petitioner's application for permission within two weeks, while also allowing for the possibility of relocating the toilet block if all parties agreed. The ruling underscored the balance between heritage preservation and public convenience. The decision was pronounced on 04 November 2026.
Headnote
A) Administrative Law - Construction Permissions - Requirement of Permission for Construction Near Monuments - Maharashtra Ancient Monuments and Archeological Sites and Remains Act, 1960, Section 21 - The court held that the construction of a toilet block does not fall under the definition of 'construction' as per the Central Act, thus no permission was required. The impugned communication directing to stop construction was quashed. (Paras 12-22).
Issue of Consideration
Whether the construction of a toilet block near a protected monument requires permission under the Maharashtra Ancient Monuments and Archeological Sites and Remains Act, 1960.
Final Decision
The court quashed the notices directing to stop construction and ordered the Archeological Department to decide on the petitioner's application for permission within two weeks, allowing for the possibility of relocating the toilet block if agreed upon by all parties.
Law Points
- Construction permissions
- Public convenience
- Heritage preservation
- Sanitation facilities
- Ancient Monuments Act
