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INDIAN NATIONAL TRUST FOR ART AND CULTURAL HERITAGE (INTACH) v. THE DIRECTOR

Kerala High Court
Sep 26, 2023
Smart Summary (Beta)

Factual and Procedural Background

The petitioner, Indian National Trust for Art and Cultural Heritage (INTACH), Kerala Chapter, filed a writ petition under Article 226 of the Constitution of India. The grievance concerns the proposal for acquisition and possible demolition of the St. George Orthodox Church at Cheppad, believed to have been constructed in the 13th century, due to the widening of National Highway 66. The petitioner sought a writ of mandamus directing the respondents, particularly the Director (Monuments), Archaeological Survey of India, and the Director of Archaeology, Kerala, to notify the church as a protected monument under the Ancient Monuments and Archaeological Sites and Remains Act, 1958, and to restrain the National Highways Authority of India from demolishing or altering the church until the notification process is completed.

During the proceedings, it was clarified that the National Highways Authority of India is constructing an elevated highway in the area, and thus the church would not be physically affected by the highway expansion. The matter proceeded on the question of whether the church should be notified as a protected ancient monument under the relevant legislation.

Legal Issues Presented

  1. Whether the St. George Orthodox Church at Cheppad qualifies as an ancient monument under the Ancient Monuments and Archaeological Sites and Remains Act, 1958, warranting its notification as a protected monument.
  2. Whether the respondents should be directed to take immediate steps to notify the church as a protected monument to prevent demolition or alteration in the interim period.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The court noted that since the National Highways Authority of India is constructing an elevated highway, the church will not be physically impacted by the highway widening. The court emphasized that the question of whether the church qualifies as an ancient monument must be decided in accordance with the provisions of the Ancient Monuments and Archaeological Sites and Remains Act, 1958. The court directed the competent authorities among the respondents 1 to 3 to take a decision on the notification of the church as a protected monument at the earliest, thereby entrusting the statutory authorities with their mandated role under the Act.

Holding and Implications

The writ petition is disposed of accordingly.

The direct consequence of this decision is that the competent authorities are required to promptly decide on the notification of the St. George Orthodox Church as a protected ancient monument under the applicable statute. The petitioner's prayers for interim protection were effectively addressed by the clarification that the church will not be affected by the highway construction. No new legal precedent was established; the court reiterated adherence to the statutory process under the Ancient Monuments and Archaeological Sites and Remains Act, 1958.

Show all summary ...

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI

&

THE HONOURABLE MR.JUSTICE V.G.ARUN

TUESDAY, THE 26TH DAY OF SEPTEMBER 2023 / 4TH ASWINA, 1945

WP(C) NO. 8562 OF 2021

PETITIONER:

INDIAN NATIONAL TRUST FOR ART AND CULTURAL

HERITAGE (INTACH)

KERALA CHAPTER, REPRESENTED BY ITS CONVENOR,

K.J.SOHAN, COCHIN, PIN-682 021.

BY ADV BABU PAUL

RESPONDENTS:

1 THE DIRECTOR

(MONUMENTS) ARCHAEOLOGICAL SURVEY OF INDIA,

NEW DELHI, PIN-110 001.

2 THE SUPERINTENDING ARCHAEOLOGIST,

PURATATTAVA BHAVAN, KSHB FLATS, GREEN VALLEY,

PULLAZHY P.O, THRISSUR, PIN-680 012.

3 DIRECTOR OF ARCHEOLOGY,

DEPARTMENT OF ARCHEOLOGY, SREEPADAM PALACE,

FORT P.O, THIRUVANANTHAPURAM-23.

4 PROJECT DIRECTOR,

PROJECT IMPLEMENTATION UNIT,

NATIONAL HIGHWAY AUTHORITY OF INDIA, 36/414(5),

KOICKAL VEEDU, KAVU LANE, PALAKULANGARA,

THIRUVANANTHAPURAM, PIN-695 024.

5 ST. GEORGE ORTHODOX CHURCH,

CHEPPAD, REPRESENTED BY ITS VICAR,

FR.ALEXANDER VATTAKATTU, CHEPPAD.P.O, PIN-690 507.

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6 THE UNION OF INDIA

REPRESENTED BY THE SECRETARY,

MINISTRY OF CULTURE, ROOM NO. 501, 'C WING', SHASTRI BHAWAN, NEW DELHI-110 015

ADDL.R6 IS IMPLEADED AS PER ORDER DATED 30/09/2021 IN IA 1/2021 IN WPC.

BY ADVS.

SHRI.DINESH R.SHENOY,SC, ARCHAEOLOGICAL SURVEY OF

INDIA

SR. GOVERNMENT PLEADER SRI.T.K. VIPINDAS

SRI.K.A.SALIL NARAYANAN

SRI B.RENJITHKUMAR

SRI.S. MANU, DSG OF INDIA

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION

ON 26.09.2023, THE COURT ON THE SAME DAY DELIVERED THE

FOLLOWING:

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JUDGMENT

Dated this the 26thday of September 2023

A.J. Desai, C.J.

The petitioner is the Indian National Trust for Art and Cultural Heritage (INTACH) involved in the protection and restoration of heritage structures all over India. The petitioner's grievance is regarding the proposal for the acquisition and possibility of demolition of the St. George Orthodox Church at Cheppad, believed to have been constructed in the 13thCentury, for the purpose of widening National Highway 66. By way of the present petition filed under Article 226 of the Constitution of India, the petitioner prays as under:

"a) Issue a writ of mandamus or such other writ or order directing respondents 1 & 3 to take immediate steps to notify St. George Orthodox Church, at Cheppad, Alleppey Dist. as a protected monument/ancient monument under the Ancient Monuments and Archaeological Sites and Remains Act, 1958.

b) Issue such other order or direction to the 4th respondent, not to demolish or make any alteration to the St. George Orthodox Church, at Cheppad and its

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fixtures and fittings till the notification process of the church is completed."

2. Since the National Highways Authority of India is constructing an elevated Highway in the area, the church is not going to be affected. The other prayer is to direct respondents 1 and 3 to notify St. George Orthodox Church, Cheppad as a protected monument/ancient monument under the Ancient Monuments and Archaeological Sites and Remains Act, 1958. The decision as to whether the church is an ancient monument has to be taken in accordance with the provisions of the Ancient Monuments and Archaeological Sites and Remains Act, 1958. Hence, the competent among respondents 1 to 3 is directed to decide the said issue at the earliest.

The writ petition is disposed of accordingly. Pending interlocutory applications, if any, shall stand closed. Sd/-

A.J. Desai Chief Justice

Sd/-

V.G. Arun Judge

vpv

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EXHIBIT R4A SKETCH SHOWING THE LIE OF THE 5TH

RESPONDENT CHURCH.

EXHIBIT R4B PICTORIAL REPRESENTATION SHOWING THE

EXTENT OF THE BUIDING THAT WILL BE

ACQUIRED.

EXHIBIT R4C PHOTOGRAPHS OF THE CHURCH IN QUESTION.

//TRUE COPY//

P.A. TO JUDGE

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