The Allahabad High Court has said that the court cannot direct the government to issue a notification declaring any monument as a monument of national importance.
The Division Bench of Chief Justice Rajesh Bindal and Justice Piyush Agrawal passed this order while hearing a PIL filed by Mohd Moin Quraishi.
The petition has been filed for a direction to the respondents to issue final notification regarding the ancient monument, namely, Haveli of Khan-I-Dauran, Mauza Basai Mustkil (Tajganj), District Agra declaring the same to be of national importance.
It is submitted that a preliminary notification dated April 23, 2015 was issued under Section 4(1) of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 and the objections were invited. The petitioner stated that the final notification should be issued immediately, however, final notification has not been issued.
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“In our opinion, a petition for 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”
-the Court observed while dismissing the petition.