To

The Deputy Commissioner,

Kaithal (Haryana)


Subject : Construction of enclosure wall at the protected site of Theh

Polar- regarding.


Reg : Letter No. 9/325/M-2005/CHD-1939 dated 12.5.2009 from

Superintending Archaeologist, Archaeological Survey of India,

Chandigarh.

Respected Sir,


We are in respect of the aforesaid letter. In this regard, we would like to submit that the judgement of the Hon'ble High Court does not apply to the land of the village Polar, Tehsil and District Kaithal. There is no ancient monument on the piece of land belonging to village Polar. Section 3 of the Ancient Monuments and Archaeological Sites and Remains Act. 1958 is very clear in this regard. Section 3 is reproduced below for facility of your reference:


"3. Certain ancient monuments etc. deemed to be of national improtance.- All ancient and historical monuments and all archaeological sites and remain which have been declared by the Ancient and Historical Monuments and Archaeological Sites and Remain (Declaration of National Improtance) Act. 1951 (71 of 1951). or by section 126 of the States Reorganisation Act. 1956 (37 of 1956), to be of national importance shall be deemed to be ancient and historical monuments or archaeological sites and remains declared to be of national importance for the purposes of this Act."


Two conditions are required before Section 3 can be applicable - namely that it is an archaeological site and has been declared as such by the Ancient and Historical Monuments and Archaeological Sites and Remain (Declaration of National Importance) Act. 1951 or by Section 126 of the State Reorgansiation Act. 1956 to be of national importance. There is no such declaration. In fact there is no reference also to such declaration. In light thereof, the Ancient Monuments and Archaeological Sites Remains Act is wholly inapplicable. The village and its land is not covered by the judgement of the Hon'ble High Court in CWP No. 17704 of 1997 titled Munshi Ram vs. UOI and others. A photocopy of the judgement is attached along for your kind reference.



It also needs to be stated here that the village was established in the year 1947 wherein after partition, persons who had lost everything in Pakistan came and settled down here and for the last 62 years have been living here. They have built their houses. The village Panchayat is also established and have set up school and other amenities with governmental funds as are required for human existence.


The illegal action of the Superintendent, Archaeologist who without applying the judgement is bent upon taking over the land without any basis and thereby displacing 9000 persons who primarily belong to Scheduled Casts and Backward Class.


You are requested to ensure that such illegality does not take place by the arbitrary action of the Superintendent, Archaeologist.


Thanking you,


Yours faithfully,


(BALDEV SINGH)

MEMBER PANCHYAT

Authorised Representative

of Gram Panchyat Polar

Tehsil & Distt. Kaithal


Copy forwarded to the following with a request not to take any action on illegal directions of Superintendent, Archaeologist, Chandigarh Circle.

1. The Superintendent, Archaeologist, Archaeological Survey of India,

Chandigarh Circle, Bay No. 51,52 Sec. 31 A Chandigarh - 160047.

2. The S.S.P. Kaithal.

3. The S.D.M. Kaithal.

4. The Tehsildar Kaithal.

5. S.H.O. Police Station, Siwan.

6. Sh. B.B. Kaul. C.A. Cr. Hisar.



(BALDEV SINGH)