National Monument Authority can’t allow construction: ASI

Times of India: Bhopal: Sunday, 13 December 2015.

Mushrooming constructions allowed by National Monument Authority (NMA) around protected sites of Archaeological Survey of India (ASI ) after imposing penalty have threatened many centrally protected sites across the state.

The ASI said the NMA doesn't have power to impose fine and recommend construction permissions. The issue snowballed into a major controversy at the national level when many ASI sites got affected after the NMA "recommended" constructions around protected monuments, ASI sources said. Details of conversation between authorities received under RTI Act revealed that on August 8 this year, director (monuments) of ASI, M Nambirajan, wrote to member secretary, NMA, "The NMA or the competent authority have not been conferred any power for imposition of fine whether by way of penalty or other ways. The penalty provisions in section 30 of the AMASR Act are to be imposed by a court of competent jurisdiction." The matter was referred to the legal cell of ASI, said Nambirajan, adding "Summary imposition of penalty has not been provided for."

In Madhya Pradesh, unauthorised constructions started coming up near ASI sites at Khajuraho, Gwalior and Vidisha among others. The ASI Act imposes a blanket ban on all construction within 100 metres (prohibited zone) of any monument protected by the ASI and allows limited construction in the next 200 metres (regulated zone). According to documents procured under RTI Act from the office of regional director central region of the ASI, the NMA recommended constructions in the neighbourhood of Chousath Yogini temple in Khajuraho after imposition of fine, near tomb of Tansen and two mosques in Gwalior, and near Ek Pathar Ki Bawadi in Gwalior. Constructions were also allowed near Amleshwer or Mamleshwer group of temples in Khandwa after imposing fine varying from Rs 10,000 to Rs 50, 000.

Like ASI, the NMA is also governed by the union ministry of culture and it was set up as per provisions of the Ancient Monuments and Archaeological Sites and Remains (AMASR ) (amendment and validation) Act, 2010.