SC to hear plea for lifting construction ban near ASI sites

A petition has been filed in the Supreme Court challenging the constitutional validity of a law that prohibits any construction activity within 100 meters of all protected monuments and archaeological sites across India.

The apex court has admitted the petition and the matter would come up for hearing next week.

The petitioner challenged the constitutional validity of Section 20-A of the Ancient Monuments and Archaeological Sites and Remains (AMASR) Act, 1958, which prohibits construction activity within 100 meters distance from all protected monuments and archaeological sites across the country. A Special Leave Petition (SLP) has been filed before the apex court by DB Dayal, a 90-year-old resident of Delhi.

The petition claims that Section 20-A of the AMASR Act, 1958, arbitrarily and whimsically imposes a prohibition on construction activity. The petitioner further claimed that such undue restrictions are violative of Articles 14 and 21 of the Constitution of India.

Sanyal sought a direction to construct his house, which falls within the 100-metre distance from a protected monument in Green Park area in South Delhi. The petitioner's house is located at an approximate distance of 30 meters from the boundary wall of an ancient monument, Sakri Gumti, and at an approximate distance of 88 meters from the boundary wall of another ancient monument, Chhoti Gumti.

The close proximity of his house from these monuments made him approach the apex court to seek its intervention for lifting the ban on construction.

The petitioner had constructed his house in 1966 and now he wants to add more floors to his house to give accommodation to his four daughters. However, owing to the AMASR Act, 1958, the government authorities have barred him from initiating any construction work.

The lawyer representing the petitioner further claimed that the restriction is affecting crores of citizens across India and are bound to live in their old/small houses.