Imagine owning a home with views of a centuries-old fort, a grand palace, or a protected monument. While living close to a piece of history may sound appealing, building near such heritage sites is governed by strict legal rules.
Legal Framework for Heritage Protection
To safeguard India's archaeological and historical treasures, the government has put in place strict regulations governing construction and other activities around protected monuments. These rules are aimed at preserving the character, safety, and integrity of heritage structures for future generations.
The Ancient Monuments and Archaeological Sites and Remains Act, 1958, is designed to protect and preserve India's historical monuments by regulating activities around them.
How the Law Defines Areas Around Heritage Sites
Prohibited Area Limitations
According to Section 20A, an area beginning from the protected site or monument’s limit and extending 100 metres in all directions is a prohibited area with respect to the site or the monument. No person, other than an archaeological officer, can carry out construction activities in the prohibited area.
The Centre can also extend the prohibited area beyond 100 meters, upon the recommendation of the National Monuments Authority. However, under section 20C, if any person owns a building or structure which existed in a prohibited area before June 16, 1992, or had been constructed with the approval of the Director-General, they can submit an application to the competent authority for permission to carry out reconstruction, repair or renovation of that property.
Regulated Area
Every area that extends 200 metres from the limit of the prohibited area, in all directions, is a regulated area, unless the central government expands the limit and notifies about it in the official Gazette.
Regardless of the timeline, individuals can buy, sell, inherit, or hold property in this zone. However, any proposed construction, reconstruction, repair, renovation, or development activity on such land is subject to prior approval from the authority.
Before granting permission, the authority assesses if the proposed activity could adversely affect the monument’s preservation, safety, security, access, or archaeological significance, or heritage character.
Localised Laws
Section 20E of the act deals with the localisation of laws based on the character of the protected monument or site, which allows every monument to have its own set of laws and conditions.
For example, the area up to 500 meters of the Taj Mahal is a no-construction zone. Additionally, buildings higher than two storeys are not permitted from 750 metres to one kilometre.
Likewise, other historically significant monuments like Qutub Minar and Humayun's Tomb have their own height limits, land-use controls, and conditions for repair and construction.
Conclusion
Understanding these regulations is crucial for anyone considering buying or building property near a protected monument. Compliance ensures the preservation of India's rich heritage while avoiding legal complications.
