laws on constructions around national monuments are unequally applied, sometimes troubling the common man, at other times damaging heritage structures
The National Monuments Authority was established under the aegis of the Archeological Survey of India in 2010. It is the nodal agency for notification of all protected heritage monuments. The functions of the NMA include formulation of relevant modified bylaws in the already existing laws under The Ancient Monuments and Archaeological Sites and Remains (Amendment and Validation) Act, 2010.
The law imposes a blanket ban on new construction of any kind in the ‘prohibited area', which extends to 100m around a protected monument. Outside of the prohibited area, lies the ‘regulated area' that goes up to 300m. Construction of new buildings and reconstruction, addition, alteration or modification of existing structures may be allowed in this zone, depending upon the vulnerability of monument's structure. Even then, any construction activity here requires a No Objection Certificate from the NMA.
In a densely populated city like Delhi, where many constructions already exist near protected monuments, it is difficult to strictly adhere to the rules. Realising the plight of scores of people living around protected monuments, the NMA has decided to address the shortcomings of the existing law and modify the bylaws.
One of the most important functions of the NMA is to classify and grade monuments according to their size and national importance. It was, therefore, suggested that the laws should be site-specific. For example, Qutub Minar cannot be clubbed with Chor Minar as they are not equally important. Accordingly, separate bylaws were to be formulated for different categories that would address the 100m blanket ban on construction and allow for relaxations of norms in the case of renovation activities. Unfortunately, three years down the line, the NMA has failed complete this task. When questioned, the NMA officials refused to commit to a time frame in writing. They only said that the process was underway.
Meanwhile, those who live in houses built around such monuments continue to suffer. Most of these buildings were constructed, before the current laws came into force, with due permission from the civic authorities. Several decades later, they are now in a dilapidated state and need more than just renovation and repair work. However, the owners are not getting permission for rebuilding their houses, even though the original foundations have given away. In many cases, the family members have multiplied and now they do not have a place to live. In other cases, owners can't find buyers for their decaying properties which are also mired in legal complexities stemming from the absence of proper rules and regulations.
Also, it seems like the MNA does not apply its rules equally. For instance, many of the protected monuments are in south Delhi. Yet multi-storied buildings replace single-storied homes everyday even in the prohibited areas. How is this allowedIJ Does it mean that might is right and the law-abiding meek are wrongIJ Or are the law and justice on saleIJ There is a general complaint that the NOC which is required from the NMA is hard to get. Months, sometimes years, go by and applications are left unanswered. Moreover, there are some protected monuments which are no more than a metre-wide mound of stones. They are left uncared for, and even used as garbage dumps. Such structures need to be identified, de-notified and demolished.
Conservation, preservation and protection of monuments are the responsibility of NMA. Then, how come large-scale encroachments are routinely taking place in prohibited and regulated areasIJ Also, encroachment doesn't happen overnight. So, why is there no surveillance around the monumentsIJ This situation reeks of a nexus between politicians and bureaucrats.