Balwinder Singh And Others Petitioners v. Union Of India And Others S

SANJAY KISHAN KAUL C.J (Oral)

Learned Addl. Advocate General, Punjab submits that on verification of the records it has been found that the petitioners were not associated with the process of demarcation.

In view of the aforesaid, it is agreed that the present petition be disposed of in the following terms:-

i) A fresh demarcation will be carried out at the site by associating both the Archaeological Department as well as the private parties being the petitioners before us or any other occupants.

ii) On fresh demarcation being completed, if the petitioners are found outside the area, then nothing further would survive and the petitioners would be entitled to continue to occupy the area.

iii) If the petitioners are found within the area, then they are liable to be removed.

iv) In so far as para No. (iii) is concerned, the same would be subject to the rights of the petitioners, if any, for seeking regularization ostensibly on the plea based on the date from which they exist and when the monument was notified as protected and keeping in mind the provisions of the Ancient Monuments and Archaeological Sites and Remains Act, 1958.

We direct that it should be ensured that the demarcation is carried out under the supervision of a senior Revenue Officer not below the rank of Sub Divisional Magistrate. The exercise be undertaken within a maximum period of two months.

Petition accordingly stands disposed of.