ASN 1 PIL-20.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION PUBLIC INTEREST LITIGATION NO. 20 OF 2010 WITH NOTICE OF MOTION NO.168 OF 2010 Shrikant Sitaram Hatkar. ..Petitioner. Vs. Union of India and ors. ..Respondents. Mr.R.M.Nakhwa with V.B. Dhawan for the Petitioner. Mrs.S.V.Bharucha for Respondent Nos. 1 to 5. Mr. B.M.Phadnis i/by Utangale & Co. for Respondent Nos. 6 and 7. Mr. D.S. Sakhalkar i/by Manjusha Kumbhar for Respondent No.8. Mr.S.S.Deokar for Respondent No.11. Ms. Jyoti Sinha i/by Negandhi Shah & Himayatullah for Respondent No. 17. Mr. Chirag Balsara along withM.Chaudhary i/by A.R.Patil for Respondent No.18. Ms. Sonali Jain i/by Khona & Kayser for Respondent No.19. CORAM : MOHIT S. SHAH, C. J. AND D. G. KARNIK, J. Thursday, 24th March, 2011 PC : In this Public Interest Litigation, the petitioner has challenged the permission granted by the respondent-authorities for construction of building within a distance of 300 mtrs. from ancient monument called “Baradeva”. The petition was filed on the basis that the respondents authorities had committed irregularities in granting permission to put up such construction. At the hearing of this petition, the learned counsel for respondent Nos. 1 to 5 has invited our attention ASN 2 PIL-20.sxw to the provisions of the Ancient Monuments and Archaeological Sites and Remains (Amendment and Validation) Act, 2010 which has come into force on 23rd January, 2010. Section 12 of the said Amendment Act makes it clear that notwithstanding anything contained in any judgment, decree or order of any court, tribunal or other authority no claim or challenge shall be made in or entertained by any court, tribunal or other authority solely on the ground that the Central Government or the Director General did not take into consideration any of the provisions of the Ancient Monuments and Archaeological Sites and Remains Act, 1958, as amended by the Ancient Monuments and Archaeological Sites and Remains ( Amendment and Validation) Act, 2010 in granting any permission or licence for the purpose of carrying out any mining or repair, renovation or construction work in a prohibited area or a regulated area at any time between the 16th day of June, 1992 and the date of commencement of this Act. 2 The aforesaid Amendment and Validation Act, 2010 is complete answer to the prayers made in this petition. The petition is therefore, dismissed. 3 In view of the dismissal of the petition, nothing survives in the notice of motion and the same is disposed of accordingly. CHIEF JUSTICE D.G. KARNIK, J.