Build­ing in a re­stricted area

Con­struc­tion in pro­hib­ited and reg­u­lated ar­eas is al­lowed sub­ject to per­mis­sion from ASI

HT Estates - - HTESTATES - Su­nil Tyagi

When ac­quir­ing an im­move­able prop­erty one is of­ten not aware whether such prop­erty is sit­u­ated in pro­hib­ited or re­stricted area of a his­tor­i­cal mon­u­ment or archaeological site. How­ever, know­ing the re­stric­tions and reg­u­la­tions on con­struc­tion ac­tiv­i­ties that are ap­pli­ca­ble to such prop­er­ties will en­sure he/ she does not face dif­fi­cul­ties in car­ry­ing out con­struc­tion.

In In­dia, t he An­cient Mon­u­ments and Archaeological Sites and Re­mains Act, 1958 (Act) and rules made there­un­der pro­vide for the preser­va­tion of an­cient and his­tor­i­cal mon­u­ments and archaeological sites and re­mains of na­tional im­por­tance. This Act also reg­u­lates con­struc­tion, re­con­struc­tion, re­newal or ren­o­va­tion of im­move­able prop­er­ties sit­u­ated in the vicin­ity of archaeological sites/his­tor­i­cal mon­u­ments. The Archaeological Survey of In­dia (ASI) gov­erns and reg­u­lates archaeological ac­tiv­i­ties in the coun­try un­der the said Act.

An an­cient/his­tor­i­cal mon­u­ment and archaeological site de­clared t o be of na­tional im­por­tance by the Cen­tral Gov­ern­ment, are termed as ‘pro­tected mon­u­ment’ and ‘pro­tected area’ re­spec­tively. The Act draws a dis­tinc­tion be­tween pro­hib­ited area’ and ‘reg­u­lated area’ with re­spect to re­stric­tions on con­struc­tion ac­tiv­i­ties. This dis­tinc­tion was carved out in 2010 by An­cient Mon­u­ments and Archaeological Sites and Re­mains ( Amend­ment and Val­i­da­tion) Act, 2010.

It is im­por­tant to un­der­stand the dis­tinc­tion be­tween pro­hib­ited area and reg­u­lated area. A ‘pro­hib­ited area’ is an area ex­tend­ing to a dis­tance of 100 me­tres in all di­rec­tions from the ‘pro­tected mon­u­ment’ or ‘pro­tected area’, as the case may be. Any per­son who owns a build­ing or struc­ture in a pro­hib­ited area may carry out re­pair of such prop­erty pro­vided the owner has ob­tained per­mis­sion from ASI. How­ever, con­struc­tion or re­con­struc­tion on such prop­erty is pro­hib­ited. A ‘reg­u­lated area’ is an area ex­tend­ing to a dis­tance of 200 me­tres in all di­rec­tions from the limit of the pro­hib­ited area.

Any con­struc­tion or re-con­struc­tion or re­pair or ren­o­va­tion of a build­ing/struc­ture fall­ing in the reg­u­lated area is per­mit­ted only if an owner of such build­ing / struc­ture ob­tains prior per­mis­sion from ASI. Th­ese lim­its for pro­hib­ited area and reg­u­lated area may be ex­tended by the Cen­tral Gov­ern­ment in re­spect of any pro­tected mon­u­ment hav­ing re­gard to its his­tor­i­cal, archaeological and ar­chi­tec­tural value. Be­fore pro­ceed­ing with any con­struc­tion ac­tiv­ity, one must con­firm from ASI whether or not the prop­erty falls un­der pro­hib­ited area / reg­u­lated area.

A per­son who wants to carry out con­struc­tion ac­tiv­i­ties on his/her build­ing / struc­ture fall­ing in pro­hib­ited / reg­u­lated area in Delhi, is re­quired to sub­mit an ap­pli­ca­tion to ASI at least three months be­fore com­mence­ment of the pro­posed work. ASI will ex­am­ine the ap­pli­ca­tion form, carry out site in­spec­tion and an im­pact as­sess­ment study and then for­ward the ap­pli­ca­tion to Na­tional Mon­u­ment Au­thor­ity (NMA) to seek its rec­om­men­da­tion. After ob­tain­ing rec­om­men­da­tion from NMA, ASI will in­ti­mate the ap­pli­cant about the grant or re­fusal of per­mis­sion.

If a per­son un­der­takes con­struc­tion ac­tiv­ity on an im­move­able prop­erty fall­ing in pro­hib­ited or reg­u­lated area with­out ob­tain­ing prior ap­proval from ASI, then such a per­son may face im­pris­on­ment for a term not ex­ceed­ing two years or with fine upto ₹ 1,00,000 or both. After hav­ing ob­tained per­mis­sion from ASI, one needs to ob­tain other con­struc­tion ap­provals, sanc­tions of build­ing plans etc from the lo­cal mu­nic­i­pal au­thor­ity and con­cerned au­thor­i­ties.

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