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Gauhati High Court Quashes District Magistrate’s Declaration of Christian Cemetery as Heritage Site: “Jurisdictional Overreach and Procedural Lapses Violated Assam Ancient Monuments Act and Community Rights”

Gauhati High Court Quashes District Magistrate’s Declaration of Christian Cemetery as Heritage Site: "Jurisdictional Overreach and Procedural Lapses Violated Assam Ancient Monuments Act and Community Rights"

Gauhati High Court Quashes District Magistrate’s Declaration of Christian Cemetery as Heritage Site: "Jurisdictional Overreach and Procedural Lapses Violated Assam Ancient Monuments Act and Community Rights"

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1. Court’s Decision

The Gauhati High Court ruled that the orders issued by the District Magistrate, declaring the Christian Cemetery at Dag No. 183 as a heritage site, were null and void. The court found that the declaration lacked jurisdiction and was not compliant with the statutory procedures laid down under the Assam Ancient Monuments and Records Act, 1959, and the Rules of 1964. It emphasized that only the State Government, through the designated Superintendent of Archaeology, has the authority to declare a site as a heritage site or an ancient monument.


2. Facts of the Case


3. Issues Identified by the Court

  1. Jurisdiction:
    Did the District Magistrate have the legal authority to declare the cemetery as a heritage site?
  2. Procedural Compliance:
    Were the statutory procedures under the Assam Ancient Monuments and Records Act, 1959, followed before issuing the declaration?

4. Petitioner’s Arguments


5. Respondent’s Arguments


6. Analysis of the Law

The court extensively examined the Assam Ancient Monuments and Records Act, 1959, and the Assam Ancient Monuments and Records Rules, 1964. Key observations include:


7. Precedent Analysis

The court relied on Nazir Ahmed v. King Emperor (1936 AIR PC 253), which holds that when a statute prescribes a specific procedure for exercising a power, it must be strictly followed. Any deviation renders the action void.


8. Court’s Reasoning

  1. Lack of Procedural Compliance:
    • No investigation into the antiquity or significance of the cemetery was conducted by the Superintendent of Archaeology.
    • The declaration lacked a proper notification and opportunity for public objection.
  2. No Statutory Basis:
    The Assam Ancient Monuments and Records Act, 1959, vests the power to declare protected monuments with the State Government, not the District Magistrate.
  3. Violation of Rights:
    The Christian community was not given notice or an opportunity to be heard, violating principles of natural justice.

9. Conclusion


10. Implications of the Judgment

Also Read – Bombay High Court Upholds Acquittal in Corruption Case: “Mere Recovery of Money and Presence of Anthracene Powder Insufficient Without Clear Evidence of Demand and Acceptance”

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