The six-member Expert Advisory Committee (EAC) headed by director-general of Archaeological Survey of India (ASI) has processed as many as 400 projects for renovation or construction in the vicinity of ancient monuments. This includes 10 of the 12 such proposals recommended by the Superintending Archaeologist of Vadodara Circle. But in a recent ruling,the Delhi High Court has not only asked the ASI to stop accepting new proposals,but also reconsider all proposals cleared since July 2006. This has put a big question mark on the future of hundreds of projects across the country. These proposals include the controversial Kankaria Lake Front Development Project,construction of six commercial buildings within 22 metres of Bibi Achyut Kukis mosque in the Dudheshwar area,construction of Vir memorial near Rani Ki Vav in Patan and construction of residential buildings near Jami Masjid in Bharuch. The approvals go against a Central government notification of 1992,which prohibits any construction activity within 100 metres of ancient or protected monuments. Deciding on a petition by a Supreme Court lawyer,a Delhi High Court bench of Chief Justice A P Shah and Justice S Murlidhar described the EAC as illegal and the permissions as an exercise without the authority of law. We have no doubt that the committee,formed with the approval of the Minister for Culture and Tourism,for advising the director-general on granting permission for construction/renovation in a prohibited area was without any legal basis, the court ruled. The bench also expressed concern over the ASI's functioning,saying: The ASI,which is entrusted with the constitutional and statutory responsibility of ensuring preservation of our ancient and protected monuments,is facilitating the violation of the notification by granting permission for construction in protected areas For the ASI to set up a committee to consider relaxation of that norm (set in the 1992 notification) is unacceptable and impermissible. ASI director (monuments) A K Sinha said the High Court order will have to be complied as directed. He said the ASI was working on issues relating to this when asked if there was any plan to move the Supreme Court.
