{"id":6161,"date":"2015-05-23T09:22:47","date_gmt":"2015-05-23T09:22:47","guid":{"rendered":"http:\/\/indialegalonline.com\/?p=6161"},"modified":"2015-05-23T10:09:44","modified_gmt":"2015-05-23T10:09:44","slug":"line-of-control","status":"publish","type":"post","link":"https:\/\/www.indialegallive.com\/commercial-news\/spot-light-news\/line-of-control\/","title":{"rendered":"LINE OF CONTROL"},"content":{"rendered":"
In an attempt to protect monuments, \u201cprohibited\u201d and \u201cregulated\u201d areas have been created around them, much to the dismay of populations staying close by. But now, easing of norms is on the anvil. Will it harm the lesser monuments of India?<\/strong><\/span><\/p>\n By Meha Mathur<\/strong><\/span><\/p>\n Recently, a report in The Times of India largely went unnoticed. It said that the Tomb of Khan Shahid in the sprawling Mehrauli Archaeo- logical Park in South Delhi had been vandalized, its walls whitewashed and clothes laid out to dry. More startling was the response of Deepak Bhardwaj, a surveyor with the Archaeological Survey of India (ASI), Delhi, who told the newspaper: \u201cWe don\u2019t know whether ASI, Delhi Wakf Board or DDA is responsible for it.\u201d<\/span><\/p>\n This is the fate of many monuments in India. While responsibility for their upkeep is passed from one agency to another, few shed tears over their plight as heritage is a non-issue. There are many reasons for this: the greed of builders, the pressure on land, general apathy towards monuments and lack of funds for their upkeep.<\/span><\/p>\n Such is the nonchalance towards heritage buildings that a family living next to Mirza Ghalib\u2019s haveli in Old Delhi can bribe its guard and use it as kitchen for a marriage occasion. Yes, this actually happened in December 2009. The writing on the wall, literally and figuratively, goes largely unnoticed.<\/span><\/p>\n And this is the state of affairs despite strict laws. Since British times, not only vandalism and encroachment, but digging and construction activity in the vicinity of a monument have been discouraged as this would mar its beauty or weaken its structure. <\/span> Then, after Independence, Article 49 in the Directive Principles of State Policy put an obligation upon the government to protect every monument, place or object of artistic or historic interest, as specified by parliament.<\/span><\/p>\n <\/p>\n <\/a><\/p>\n A kos minar, one of the many medieval milestones<\/strong><\/span><\/p>\n <\/p>\n In 1951, parliament enacted the Ancient and Historical Monuments and Archaeolo-gical Sites and Remains (Declaration of National Importance) Act, whereby certain monuments were declared to be of national importance. Under this act, the central government can notify any structure to be of national importance after making a public announcement about its intention and after considering objections within a specific period. As of today, there are about 3,600 monuments of national importance. Similarly, there are monuments which have become protected structures as per laws enacted by states.<\/span><\/p>\n In 1958, further protection was granted to monuments under the Ancient Monuments and Archaeological Sites and Remains Act, which said that a certain area adjoining the protected monument could be demarcated as \u201cprohibited area\u201d. No construction work could be carried out here except under the supervision of an archaeological officer. There was also a provision for a \u201cregulated\u201d area, where some restrictions would apply. <\/span><\/p>\n In June 1992, the central government issued a notification under Rule 31 of the Rules under the 1958 Act, which, for the first time, declared an area of 100m from the protected limits as \u201cprohibited\u201d area, and a further 200m as \u201cregulated\u201d area.<\/span><\/p>\n Finally in 2010, the 1958 act was amended by the Ancient Monuments and Archaeological Sites and Remains (Amendment and Vali-dation) Act, 2010, which barred any construction in the 100m area, except under the supervision of an archaeological officer. It further mandated that if any renovation work was to be done in the next 200m, a \u201ccompetent authority\u201d had to be consulted. Another component of the Act was the creation of a National Monument Authority which would create categories and grading of monuments and guard the 300m around them, and formation of competent authorities (involving specialized bodies like INTACH) in various cities.<\/span><\/p>\n And therein lies the problem. With the 300m surrounding monuments, the battlelines seem to be drawn between the development and the conservation lobby. Both the development lobby and common people have a grouse that the 300m rule is impractical in present times as there are often residential property falling within it. While on the one hand, there are monuments like the Taj Mahal in the list of protected monuments, there are also \u201ckos minars\u201d (medieval milestones erected during Sher Shah Suri\u2019s reign). Is it fair to put both on the same platform?<\/span><\/p>\n
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\nLet\u2019s start with the Ancient Monuments Preservation Act, 1904, which says that a certain area around monuments should be left outside the ambit of construction. It includes not only the \u201cprotected monument\u201d\u2014the structure and its precincts, but also \u201csuch portion of land adjoining the site of an ancient monument as may be required for fencing\u2026 or otherwise preserving such monument\u201d.<\/span><\/p>\nHeritage is a non-issue in India due to the greed of builders, the pressure on land, general apathy towards monuments and lack of funds for their upkeep.<\/span><\/h4>\n