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This is an archive article published on December 13, 2009

ASI in a bind over HC order to demolish illegal structures

The Archaeological Survey of India (ASI) finds itself in an uncomfortable situation after the High Court on Wednesday asked it to issue showcause notices to 92 properties within the prohibited area of centrally protected monuments.

The Archaeological Survey of India (ASI) finds itself in an uncomfortable situation after the High Court on Wednesday asked it to issue showcause notices to 92 properties within the prohibited area of centrally protected monuments.

Permission for construction within the prohibited zone was granted by the ASI Director General (D-G) on the advice of an expert advisory committee. Post-High Court order,the D-G will have to issue showcause notices.

A number of properties in question are important development projects for the Commonwealth Games and the Delhi Metro,say officials.

On October 31,the expert committee was declared illegal by the High Court and was soon disbanded by the ASI.

As a result,the properties constructed following permission granted by the ASI D-G now await demolition.

Sources in the Ministry of Culture said the expert committee was formed to advise the ASI D-G to deal with cases where relaxations were considered for construction within the prohibited zone of 100 metres of a centrally protected monument. It was done to allow necessary development projects,said officials.

“As pointed out in the order,there is a paradox in the ASI’s own rules and that the expert committee formed has no legal basis,” said a senior official in the Ministry of Culture. “But what the ASI did was to promote development projects. In that case,the ASI should have asked for requisite amendments in the law.”

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Now that important development projects,including those for the Commonwealth Games and the Delhi Metro,face the threat of demolition,the DG ASI,K N Shrivastav will take the matter with the government,sources in the ministry said.

Sources said the deliberations are being planned with the Law Ministry and the Ministry of Culture and the matter may also be taken to the Prime Minister to “come at a common ground so that the issue is resolved without inconvenience to the important development projects”.

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