Can't Direct Govt To Declare Any Monument To Be Of National Importance: Allahabad High Court

The Allahabad High Court has observed that the Court can't issue a direction to the Government for the purpose of issuing a notification declaring any monument to be of national importance.

The Bench of Chief Justice Rajesh Bindal and Justice Piyush Agrawal observed thus while dealing with a Public Interest Litigation (PIL) plea filed by one Mohd. Moin Quraishi seeking a direction to the State Government to issue a final notification regarding ancient monuments, namely, Haveli of Khan-I-Dauran, Mauza Basai Mustkil (Tajganj), District Agra declaring the same to be of national importance.

It was submitted that a preliminary notification dated April 23, 2015, was issued under Section 4(1) of the Ancient Monuments and Archeological Sites and Remains Act, 1958, and the objections were invited in 2 months.

However, the petitioner submitted that thereafter, a final notification was not issued by the State Government and therefore, the petitioner stated that the final notification should be issued immediately and hence, sought a direction from the Court to this effect.

However, refusing to do so the Court dismissed the plea as it observed thus:

"In our opinion, a petition for a direction to the respondents for issuing a notification declaring any monument to be of national importance cannot be issued as it is the matter to be decided by the competent authority under the aforesaid Act."

Advocate Amit Kumar Mishra appeared for the Petitioner/Mohd. Moin Quraishi.

Case title - Mohd. Moin Quraishi v. State of U.P. and others

Case Citation: 2022 LiveLaw (AB) 196

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