Order of the Allahabad High Court regarding demolition of buildings to be near ancient monuments, tehsil Padrauna, district Kushi Nagar, Uttar Pradesh, 15/02/2021

  • 15/02/2021

Order of the Allahabad High Court in the matter of Noorjahan & Others Vs Union of India & Others dated 15/02/2021.

The matter related to order for demolition of construction raised by the petitioners - treating it to be illegal and in violation of Ancient Monuments and Archaeological Sites and Remains Act, 1958 (AMASR).

Counsel for the petitioners stated that the map of the construction was passed by the competent authorities on June 16, 2010 and no objection was raised. Further, the houses and buildings are more than 200 meters away from the prohibited area of the ancient monuments in tehsil Padrauna, district Kushi Nagar (the place where Budhha attained nirvana).

The High Court said that there was nothing to show that the buildings/houses shown in the impugned order were constructed within the prohibited area of the old monuments. The impugned order February 12, 2021 has been passed in haste directing the Tehsildar to remove the construction without giving any opportunity of hearing to the petitioners, which was against the principles of natural justice, the bench of Justice Naheed Ara Moonis and Justice Dinesh Pathak said.