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‘Monumental law’ unsettles heritage towns

A legislation enacted by the Union government to protect the monuments of historical importance threatens the very livelihood of people at the places it seeks to conserve. The opposition to The Ancient Monuments and Archaeological Sites and Remains (Amendment and Validation) Act, 2010 has become more vehement and vociferous at the historical places in the State.

The Act, which came into force on March 31, 2010, prescribes stringent restrictions on construction activities around historic monuments. The law declares the monuments as protected areas and forbids any new construction in a radius of 100 metre from the boundary of the monuments.

All properties – residential and commercial, private and public, sites and roads in the 100-metre radius - fall within the prohibited area. No permission will be granted even for renovation/repair of the existing buildings in the the prohibited area. The law provides for two years’ jail term and a fine of Rs one lakh in the event of any violation. The officer who allows such construction faces three-year jail term and a fine of Rs one lakh.

The Act defines the area in 200-metre radius of the prohibited area as ‘Regulated Area’ constructions and repairs are allowed in this space, subject to prior permission from the competent authority. While borewell could be sunk only for a depth of three feet, permission should be obtained to dig an open well. Given the rapid depletion of groundwater, the yield in a 3-feet depth borewell is anybody’s guess.

Authority constituted
National Monuments Authority has been constituted to grant sanctions for constructions in the Regulated Area. The Archaeological Survey of India (ASI) has its circle offices in Bangalore and Dharwad. A No Objection Certificate from the authority is a prerequisite before proceeding with any construction in the Regulated Area. Relevant documents pertaining to the site/building along with the plan should be submitted to the authority, which forwards them to the ASI. The latter, in turn, scrutinises the application and conducts a spot survey with the assistance of Indian National Trust for Art and Cultural Heritage (INTACH) and submit a report to the Authority.

The Authority may grant permission at its discretion and the rule that no permission within stipulated period implies deemed permission is not applicable. The Authority has the power to withdraw the permission in the event of breach of conditions imposed by it while granting such permission.

The paraphernalia to facilitate effective enforcement of the Act is yet to be set up. A separate bylaw needs to be drafted for each monument and consultancy offices are yet to see the light of the day. Poor and shelterless used to face the brunt of ‘eviction drive’ from monuments till now and the new Act has titled the balance. The hotels and guesthouses which have sprung up on the periphery of the protected monuments are now in the line of fire.

The new legislation has created a piquant situation for the residents of cities and towns where the protected monuments are located.

While people residing in their houses for eons are now prohibited from renovating or repairing their ancestral abode, those who have purchased sites in the recent years cannot go in for any construction. Apparently, there would be no buyers for their ‘protected properties.’ There are also allegations that real estate mafia is making hay by suppressing the true facts. The officers in charge of enforcing the law are in a fix. The owners of the sites/houses on whom notices are served, raise ‘valid’ points.

They ask the authorities either to acquire their properties paying compensation or allow them to go ahead with the construction.

“People some times try to assault us. We are in a dilemma – whether to enforce the law or to empathise with them,” an officer said. The Act has ‘impacted’ the residents of Bijapur more than anyone else. The authorities are not granting sanction even to repair the houses damaged in the 2009 deluge.

Experts too have voiced their concern over the feasibility of enforcing the Act. They opine that it is practically impossible to go by the legislation and suggest that properties in the radius of 50 metre of the protected monuments be acquired instead of the zoning scheme with several restrictions.

The British had enacted a law for preservation of historical monuments in the year 1914. The legislation was amended from time to time and the act amended in 1958 was in force.

The not-so-stringent law and its lax enforcement had led to unbridled encroachment of places of historical importance. The demand for a new law gained momentum during the preparations for Commonwealth Games in Delhi when attempts were made to demolish historical monuments to put up some constructions for the sports extravaganza.

The relocation challenge
Karnataka has an estimated 530 protected monuments of which around 80 are in and around Bijapur. The City alone is home to 65 such structures and any enforcement of the Act in letter and spirit means shifting of 80 per cent of the population out of the town. The 11.5-km wall of the compound said to have been constructed during the regime of Adil Shahi dynasty has almost collapsed. The wall now stands for only 2.5 km. However, the new law applies to the entire length of the monument.

Historical monuments are located in the heart of towns and cities at various places in the State. Tipu Sultan Palace and the fort wall near Vani Vilas Hospital near the busy KR Market in Bangalore too are protected monuments. The situation is no different in Bidar, Gulbarga, Srirangapatnam, Mysore, Hampi, Aihole, Pattadakal and Chitradurga. Giving effect to the Act will certainly result in large-scale displacement of people at all these places. There has been a growing demand for suitable amendment to the law and granting exemptions in respect of places with huge presence of monuments.