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The Allahabad High Court recently held that the court cannot direct the government to declare any monument to be of national importance. Court passed the order on a Public Interest Litigation (PIL) plea filed by one Mohd. Moin Quraishi seeking a direction to the State Government to issue a 'final notification' declaring Haveli of Khan-l-Dauran, Mauza Basai Mustkil (Tajganj), District Agra to be of national importance.

The bench of Chief Justice Rajesh Bindal and Justice Piyush Agrawal said that it is a matter which is to be decided by the competent authority under the Ancient Monuments and Archeological Sites and Remains Act, 1958.

Quraishi had submitted that the State Government had issued a preliminary notification dated April 23, 2015, under Section 4(1) of the Act and had invited the objections. He added that thereafter, no final notification was issued which should be issued immediately.

The primary notification which was published in the official gazette on May 16, 2015 read:

"S.O. 1311(E).-Whereas, the Central Government is of the opinion that, the ancient monument namely, Haveli of Khan-I-Dauran, Mauza Basai Mustkil (Tajganj), District Agra, State of Uttar Pradesh, specified in the site plan and the Schedule annexed hereto, is of national importance;

4 Now, therefore, in exercise of the powers conferred by sub-section (1) of Section 4 of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (24 of 1958), the Central Government hereby gives notice of its intention to declare the said monument to be of national importance;

Any objection to the declaration of the said monuments to be of National importance may be made to the Director General, Janpath, New Delhi - 110011 within a period of two months from the date on which the copies of the Gazette of India containing this notification is made available to the public;

The objections and suggestions, if any received from any person interested in the said monument which will be taken into consideration by the Central Government."

Relying upon the same, Quraishi had sought a direction from the court to the government to issue a final notification which is pending. However, Court refused to do so and dismissed the plea observing,

"In our opinion, a petition for a 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."

Case Title: Mohd. Moin Quraishi v. State of U.P. and others