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

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.