Research › Search › Judgment

Allahabad High Court · body

2014 DIGILAW 3189 (ALL)

Rahat Ali v. Union of India

2014-10-17

D.Y.CHANDRACHUD, P.K.S.BAGHEL

body2014
JUDGMENT Pradeep Kumar Singh Baghel, J. The complaint, in the petition, which has been filed in the public interest, is in regard to unauthorized constructions which have been raised in the area adjacent to the Jama Masjid situated at Umar Kha, District Jaunpur. The Masjid is stated to have been constructed in 1470 AD and has been notified as a Nationally Protected Monument, pursuant to a gazette notification dated 4 February 1919, as stated in the affidavit filed by the Assistant Superintending Archaeological Engineer. A counter affidavit has been filed by the District Magistrate, Jaunpur, in compliance of the interim directions which were issued by this Court, stating that complaints were received in regard to unauthorized constructions within the prohibited or regulated area of the monument. It has been stated that following the report of the Junior Engineer of 17 June 2014, the Prescribed Authority has issued a notice to show cause under Section 10 of the Regulation of Building Operations Act, 1958, in which the next date of hearing is 20 October 2014. 2. Since action has now been initiated by the competent authority, we direct that the matter shall be taken to its logical conclusion and the enquiry shall be concluded expeditiously. Thereafter such action as is necessary and warranted in law, shall be taken so as to ensure the preservation of the character and sanctity of the monument. 3. We are of the view that it is necessary in such cases for the competent authority and the State to act on its own accord without waiting for the Court to be moved in petitions in public interest. We, accordingly, direct the authorities to maintain strict vigilance and to conduct periodical inspections to ensure that unauthorized constructions do not take place in the prohibited or regulated area contrary to law. The writ petition is, accordingly, disposed of. There shall be no order as to costs.