Bengaluru: Karnataka high court has rejected a challenge to the constitutional validity of the Ancient Monuments and Archaeological Sites and Remains Act, 1958.The provisions of Sections 20A, 20B and 20C of the central Act, inserted following an amendment in 2010, clearly classify 100 metres from a protected monument as a prohibited area and 200 metres from such a structure as a regulated area.Justice MGS Kamal noted in his Oct 9 order that the classification cannot be found unreasonable, ambiguous or vague and unconnected.BR Ramakrishna, a resident of Madhugiri in Tumakuru district, had constructed a house in a 1,950 sqft portion of his site in 1990. Another 2,000 sqft portion, left vacant, was 80 metres from the outermost wall of Madhugiri Fort, which has been notified as a protected monument.In 2014, he sought permission from Archaeological Survey of India for putting up a construction. However, the no-objection certificate sought by Ramakrishna was rejected. Thereafter, he approached the high court, challenging not only the rejection of permission but also the validity of the Act.Justice Kamal pointed out that the legislation intended to regulate the area falling within the ‘prohibited zone’ and the ‘regulated zone’.A reduction in the utilisation of the land could not be equated with expropriation, the judge said.“It is appropriate also to refer to Article 51A(f) of the Constitution of India, which casts one of the fundamental duties on every citizen of India to value and preserve the rich heritage of our composite culture. Rejection of permission to put up construction in furtherance of a statute, which is regulatory in nature, cannot be the grounds to quash, set aside and declare the statute unconstitutional, particularly when the party seeking such annulment has not discharged the burden cast on him,” the judge observed.However, considering Ramakrishna’s contention that the proposed construction would fall within 200 metres of the southern side of the fort, a regulated area, and that any construction wouldn’t cause any harm to the monument, the judge directed Archaeological Survey of India to reconsider his application after conducting a fresh survey of the area and pass orders afresh one way or the other.
