The Hindu : National : Court allows Centre to withdraw ASI notification

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Friday, Jan 21, 2005

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Court allows Centre to withdraw ASI notification

By Our Legal Correspondent

NEW DELHI, JAN. 20. The Supreme Court today permitted the Centre to withdraw the Archaeological Survey of India's (ASI) notification of September 2002 declaring the Arunachaleswarar temple in Tiruvannamalai, Tamil Nadu, dedicated to Lord Shiva, as a national heritage monument.

A Bench consisting of Justice Y.K. Sabharwal and Justice P.P. Naolekar, while granting permission to withdraw the notification told the Additional Solicitor-General, B. Dutta, to submit in four weeks whether it had any other proposal to protect and conserve the temple.

In its affidavit, the Centre had said that pursuant to the notification, a number of objections were received and there had been widespread agitation by the people of the town, the devotees and others in Tamil Nadu. They objected on the ground that the notification was ill-conceived and against the sanctity of the temple. Considering the objections, it was decided to withdraw the notification.

On the last occasion, the Centre had submitted a scheme to the court for the development of the temple on the lines of the Vaishno Devi shrine in Jammu and said that the ASI's intention was not to disrupt the existing religious practices and rituals, but to create an opportunity for its conservation, restoration and preservation through the direct investment by the Government of India.

Describing the Centre's scheme as "ill conceived and un-suitable," the Tamil Nadu Government said the proposal attempted to highlight the temple and the town as a tourist centre forgetting the religious aspects involved.

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