Karnataka high court High Court of Karnataka in Bangalore on Saturday.
Bengaluru: Karnataka high court has rejected a challenge to the constitutional validity of the Ancient Monuments and Archaeological Sites and Remains Act, 1958. In 2014, he sought permission from Archaeological Survey of India for putting up a construction. However, considering Ramakrishna’s contention that the proposed construction would fall within 200 metres of the southern side of the fort, a regulated area, and that any construction wouldn’t cause any harm to the monument, the judge directed Archaeological Survey of India to reconsider his application after conducting a fresh survey of the area and pass orders afresh one way or the other.
A reduction in the utilisation of the land could not be equated with expropriation, the judge said. However, the no-objection certificate sought by Ramakrishna was rejected. Thereafter, he approached the high court, challenging not only the rejection of permission but also the validity of the Act. “It is appropriate also to refer to Article 51A(f) of the Constitution of India, which casts one of the fundamental duties on every citizen of India to value and preserve the rich heritage of our composite culture. Rejection of permission to put up construction in furtherance of a statute, which is regulatory in nature, cannot be the grounds to quash, set aside and declare the statute unconstitutional, particularly when the party seeking such annulment has not discharged the burden cast on him,” the judge observed.