Lunawat Construction Company (rep. by Maniklal Peerchand Lunawat) v. Union of India, Ministry of Culture Secretary

Writ Petition (Civil) · 2019 INSC 534Decided 16 Apr 2019
Writ Petition (Civil) No. 96 of 2011
Justice Abhay Manohar Sapre · Justice Dinesh Maheshwari

Background

This order transfers the cases; it does not decide them. Writ petitions and a transferred case challenged the validity of the Ancient Monuments and Archaeological Sites and Remains (Amendment and Validation) Act, 2010.

Decision Breakdown

This is not a final decision on the challenge. The Court thought it just and proper to send the writ petitions and the transferred case to the Bombay High Court to be decided on merits, noting that no prejudice would be caused and that it would have the benefit of the High Court's findings if the matter came back.

Lesson Learnt

There is no final ruling on the validity of the 2010 Act. The Bombay High Court will decide it.

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