‘Instruct all local bodies not to permit constructions around protected monuments sans ASI's nod'
The High Court of Karnataka has directed the State government to issue circular to all local bodies not to grant permission for new constructions in and around protected monuments in the absence of no objection certificate (NoC) from the Archaeology Survey of India (ASI) as per the statutory requirements.
Also, the court directed the government to make it clear to the officials empowered to grant permission for construction of buildings that disciplinary enquiry would be initiated if it was found that such permissions were granted contrary to law.
Petition rejected
Justice M. Nagaprasanna issued the directions while rejecting a petition filed by Denis Crasta of Mangaluru, who had questioned the ASI's notice issued in 2024 asking him to stop construction of a house.
The Mangaluru City Corporation (MCC) in December 2023 approved the petitioner's plan for constructing a residential building on the landing owned by the petitioner. However, the ASI in May 2024 issued a notice to the petitioner asking him to stop construction as it was commenced sans obtaining a NoC from it as the petitioner's land comes within 150 metres from the Mangaladevi temple in Mangaluru, which is declared as a protected monument under the provisions of the Ancient Monuments and Archaeology Sites and Remains Act, 1958.
While the petitioner, citing Google Earth images, claimed that his land was situated 151.1 metres from the temple, the ASI after an inspection of the construction site pointed out that it was situated 64 metres from the prohibited area of the protected monument, and hence no new construction can be permitted on this land as per the provisions of the 1958 Act.
Interestingly, the government had told the court that permission granted for construction sans NoC from ASI was illegal while pointing out that the petitioner's act of obtaining permission and putting up construction to a certain level is an act of 'fraud played by the MCC in connivance with the petitioner.'
Indifference to rules
Observing that it is not understandable how the MCC granted permission without keeping the ASI in the loop, the court said the permission was granted in blithe ignorance or indifference to the statutory embargo.
Stating that officials of the MCC had wantonly ignored the mandate of the law permitting the construction, the court directed the government to initiate a disciplinary enquiry against the erring officials of the MCC as per law, and take appropriate action on identifying the role of each erring officials in grant of permission contrary to the law.
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