ASI Rejects National Monument Status for Savarkar Sadan in Bombay High Court Submission
The Archaeological Survey of India (ASI) has formally informed the Bombay High Court that Savarkar Sadan cannot be declared a centrally protected monument due to its age not meeting the statutory requirement of being over one hundred years old. This significant development comes in response to a Public Interest Litigation (PIL) seeking heritage protection for the building.
Legal Framework and Age Criteria
In its detailed reply submitted on January 29, the ASI clarified that centrally protected monuments are heritage sites of national importance that must fulfill specific criteria under the Ancient Monuments and Archaeological Sites and Remains Act. According to Section 2 of the Act, which defines ancient monuments, any structure must be more than 100 years old to qualify for central protection status.
The ASI emphasized that this age threshold is a fundamental legal requirement that cannot be bypassed, regardless of the historical or cultural significance that might be attributed to a structure.
Architectural History and Modifications
Savarkar Sadan presents a complex architectural history that complicates its heritage status evaluation:
- The building was originally constructed in 1938 as a ground plus one bungalow
- Substantial modifications occurred in 1984 when three additional floors were added
- The current structure consists of eight residential flats
- From its original construction date, the building would need to wait until 2038 to meet the 100-year requirement
Alternative Heritage Protection Pathways
While rejecting central monument status, the ASI suggested viable alternatives for heritage recognition:
- State Protected Monument Status: The building could potentially qualify for protection under Maharashtra state heritage regulations
- BMC Heritage Listing: The Brihanmumbai Municipal Corporation could include Savarkar Sadan in its local heritage inventory
- Local Conservation Measures: Community-based preservation efforts could maintain the building's historical character
The ASI has respectfully urged the Bombay High Court to "pass appropriate orders" regarding these alternative protection mechanisms, acknowledging that while national monument status isn't legally possible, other forms of recognition might be appropriate.
Broader Implications for Heritage Conservation
This case highlights several important considerations for heritage conservation in India:
- The strict legal interpretation of age criteria for national monument designation
- The distinction between national, state, and local heritage protection mechanisms
- The challenges posed by substantially modified historical structures
- The growing public interest in preserving buildings with cultural significance even if they don't meet traditional age requirements
The Bombay High Court's eventual decision in this matter could establish important precedents for how India balances legal requirements with cultural preservation efforts for buildings that hold historical significance but don't meet strict chronological criteria.
