Merely Because A Tomb Has Been In Existence For More Than 100 Years Not A Ground To Declare It As Protected Monument
: Madras High Court

Justice M Dhandapani was dealing with a plea seeking removal or relocation of the Tomb of David Yale and Joseph Hymners situated in the compound of Law College within the Madras High Court campus.

The court noted that for a monument to be of national importance two conditions are to be fulfilled – firstly, the structure should be of historical, archaeological or artistic interest and secondly that the said structure should have been in existence for not less than 100 years.

“From the above provision of law, it transpires that two conditions have to be fulfilled for an ancient structure to be branded as an ancient monument of national importance and to be declared as a protected structure of archaeological importance.

The first of the condition is that the structures, erection, sculpture, inscription, place of interment, etc., should be of historical, archaeological or artistic interest and secondly that the said structure, erection, sculpture, inscription, place of interment, etc., should have been in existence for not less than one hundred years.

Without satisfying the twin conditions, the said ancient structure cannot be declared as a structure of national importance to be treated as a protected monument,” The court said.