Am and asr act 1958
dhiru
(Querist) 09 March 2013
This query is : Resolved
Archeological survey had declared an area protected u/subsection 3 of section 4 of am and asr act 1958 but Ownership was not yet transfered to ASI. Private individuals are the owners . now ASI doing work on Land on making boundries developing park without any transfer of ownership . no agreement was made with the owners . how can a owner stop them .
prabhakar singh
(Expert) 09 March 2013
BY A WRIT BEFORE HIGH COURT, OR
BY A CIVIL LAW SUIT OF INJUNCTION,
IF NO NOTIFICATION OF ACQUISITION HAS BEEN MADE AND NO COMPENSATION HAS BEEN PAID.
dhiru
(Querist) 09 March 2013
no acquisition had been made only declared protected. but another person who is co-owner filed a case but was dismissed because of non submission of important documents . can another co-owner now file a case ,
prabhakar singh
(Expert) 09 March 2013
A DECLARATION U/4(1)IS OBJECTIONABLE U/4(2).
ANY WAY IF LAND BELONGS TO INDIVIDUALS THEN
U/S 5. (1) The Director General may, with the sanction of the Central Government, purchase, or take a lease of, or accept a
gift or bequest of, any protected monument.
IN YOUR CASE AS LAND IS OWNED BY OWNERS AND PROCEDURE LAID DOWN IN S.5(1) HAS NOT BEEN FOLLOWED,A SUIT DOES LIE BY OWNER.
Raj Kumar Makkad
(Expert) 09 March 2013
You may file suit or a writ petition before high court. Both are maintainable.
