Gujarat High Court issues notices to state govt, ASI and others.
Justice RR Tripathi of the Gujarat high court has issued notices to the state government, Archaeological Survey of India (ASI) and others in connection with a writ petition filed challenging an act passed by the state government after Champaner was declared a world heritage site in 2004.
The state government, in 2006, enacted the 'Champaner-Pavagadh Archaeological Park World Heritage Area Management Authority Act, 2006' for conservation of this world-renowned site. The act empowered the state government to form an authority to manage and ensure integrated conservation of the heritage site and also for preventing uncontrolled development and commercial exploitation of the Champaner-Pavagadh Archaeological Park.
The act now is being challenged by five villagers and trusts of Pavagadh, as they have been served notices by the local unit of the ASI intimating them to remove some constructions on their premises.
"There are many contradictions among the central archaeological law, state archaeological law and special authority enacted for protection and conservation of the Champaner-Pavagadh world heritage site," said Dhaval Vyas and Deep Vyas, counsels for the petitioners.
The counsels further said, "According to the central law, core zone and buffer zone should be notified to restrict certain constructions and activities around the heritage structure. The state, however, has not notified any such zones. Therefore, it may provide unbridled powers to authorities of the state."
They further submitted, "In any case, neither the superintending archaeologist nor senior conservation assistant has any power or jurisdiction to issue such notices. In view of the provisions of Article 254 of the constitution, in case of any inconsistency between the laws made by the state legislature and the laws made by the Parliament, the laws made by the Parliament shall prevail and the laws made by the State shall give way to it and would not be enforceable."
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