IN THE HIGH COURT OF PUNJAB AND HARYANA, CHANDIGARH. *** CWP No. 15828 of 2007 Date of decision: August 25, 2008. *** DILBAGH SINGH VERSUS UNION OF INDIA AND OTHERS. *** CORAM; Hon'ble Mr. Justice T.S.Thakur, CJ and Hon'ble Mr. Justice Surya Kant. *** Present: Shri Joginder Sharma, Advocate, for the petitioner. Shri A.K.Jain, Additional A.G.Punjab, with Ms. Sonu Chahal, DAG, Punjab. Shri Navdeep Monga, Advocate, for Shri Anil Rathee, Advocate, for respondents 1 and 2. Shri R.K.Chugh, Advocate, for Union of India. *** T.S.Thakur, CJ (Oral) This petition has been filed in Public Interest. It prays for a Mandamus directing the respondents for declaring the Maharaja Ranjit Singh's Fort at Phillaur District Jalandhar to be a protected Monument of National Importance and for taking over the possession thereof by Archeological Survey of India for its upkeep preservation. When this petition initially came up before this Court on February 06, 2008, this Court had directed the Government of Punjab to make its stand clear whether or not the Government of Punjab was ready to hand over the Monument afore-mentioned for preservation by the Archeological Survey of India, if the same is declared as Monument to be of National Importance. The Government of Punjab, has not despite that direction filed any affidavit. Learned counsel appearing on its behalf argues that the question of handing over the possession of the Monument to the Archaeological Survey of India would not arise even after the Monument is -2- CWP No. 15828 of 2007 declared as Monument of National Importance. There is, according to the learned counsel, no occasion for the government to take any decision whether or not it is ready to vacate the Monument for being maintained and preserved by the Archaeological Survey of India. It is on the other hand argued by Shri Navdeep Monga, appearing for Shri Anil Rathee, that the Government of India had already issued a notification dated July 01, 2008 in terms of Section 4 sub-section (1) of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 giving notice of its intention to declare Maharaja Ranjit Singh Fort at Phillaur, District Jalandhar, Punjab as the Monument of National Importance. A copy of the said notification was also placed by the learned counsel, on record from which it does appear that the government of India have invited objections to the declaration of the Monument mentioned above to be a Monument of National Importance, within a period of two months from the date of publication of the notification in the official gazette. The said period of two months has not however expired so far. Suffice it to say that the Government of India having already initiated the process in terms of the provisions of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 for declaring the Fort in question as a Monument of National Importance, the said process shall have to be taken to its logical conclusion after the objections are received and consideration in the manner prescribed. It also goes without saying that if the Government of India eventually declared the Maharaja Ranjit Singh's Fort at Phillaur as Monument of National Importance, all consequences otherwise flowing from such declaration would follow. Whether or not the Government of India or the Archaeological Survey of India can demand vacation of the Monument from the Government of Punjab, as the government of Punjab has established its Police Academy in the said Monument, may not therefore arise for reconsideration. It is only after the monument is -3- CWP No. 15828 of 2007 eventually declared as a Monument of National Importance, that the question whether the Government of Punjab can be directed to hand over the monument for maintenance and preservation to the government of India or to the Archaeological Survey of India may fall for consideration. There is, therefore, no occasion for us to express any opinion on that aspect of the matter, at this stage. All that we need say is that the process envisaged by law having already been initiated by the Government of India in terms of notification dated July 01, 2008 referred to earlier shall be completed expeditiously in accordance with the provisions of the Act and the Rules afore-mentioned. This petition is with that direction is disposed of, leaving the parties to bear their own costs. (T.S.THAKUR) CHIEF JUSTICE (SURYA KANT) JUDGE August 25, 2008. Malik