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Govt mulls tougher norms to protect heritage sites

State may impose curbs on construction in the periphery of monuments

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File photo of Banganga, a state-protected monument
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To protect ancient monuments and archaeological sites in Maharashtra, the state government is planning to impose curbs on constructions in the periphery of these areas. Now, there are no firmly defined "controlled areas" or statutory buffer zones around the 370 state protected monuments in Maharashtra.

These monuments include the Gateway of India, Banganga, Worli fort and August Kranti Maidan in Mumbai, forts like Rajgad and Sinhagad, temples and religious places, caves, graves, and pre-historic and chalcolithic sites like those at Ambad in Jalna.

A senior state government official told DNA they were planning to amend the Maharashtra Ancient Monuments and Archaeological Sites and Remains Act, 1960, to create statutory buffer zones around these areas which would be no-go areas for construction and development.

Stronger legal provisions will prevent the historic and archaeological values of these monuments from being compromised and ensure their conservation, he added, stating it was not uncommon to see constructions abutting them today.

"We may not impose a blanket prohibition of 100 meters like the Archaeological Survey of India (ASI). This is because there are many constructions around our monuments. Any compromise on property rights will entail payments of huge compensation and relocation costs," the official noted.

"We will assess the situation at every monument and then define the requisite no-go areas around each... in a need-based approach and frame by-laws for each," he explained.

This would be like the heritage by-laws provided for under the Ancient Monuments and Archaeological Sites and Remains (Amendment and Validation) Act, 2010 which covers centrally-protected sites.

The official said at present, the state's Act said constructions above ground in the notified "controlled area" which will comprise of or will be adjacent to a monument be prohibited. "The extant law leaves us with little jurisdiction beyond the physical premises and boundary of a protected area as no requisite area has been defined," he added.

The Directorate of Archaeology and Museums will appoint a team of experts to suggest amendments, the official said.

According to the Centre's Act, a 100-meter area around a protected monument is a 'prohibited area', while another 200-meters is a 'regulated area.' The Lok Sabha has approved an amendment which allows infrastructure projects within these protected areas, where no construction except repairs and renovation is allowed at present.

SOME STATE GOVERNMENT PROTECTED MONUMENTS:

Mumbai: Forts at Bandra, Dharavi, Mahim, Shivadi and Worli, August Kranti Maidan, Banganga, Gateway of India, St. George fort, Dean bungalow

Thane: Khandeshwari caves, Ghodbunder temple

Aurangabad: Ghatotkach, Gogeshwaridevi and Rudheshwar caves, pre-historic Neolithic site

Ratnagiri: Lokmanya Tilak's birthplace, Thibaw palace, tombs of King Thibaw and Queen Supayagale of Burma

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