The Mumbai Metropolitan Region Development Authority’s (MMRDA) Jacob Circle-Wadala-Chembur monorail corridor project, which was issued a stop-work notice by the Archaeological Survey of India (ASI) recently got a push after the ministry of culture framed the bye-laws to be followed by the State Competent Authority and the National Monument Authority for granting clearances for construction near a protected ancient monuments under the new law, Ancient Monuments and Archaeological Sites and Remains (Amendment and Validation) Act, 2010.

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The ASI had issued a notice to MMRDA under provisions of the Act which prohibits construction work within 300 metres of monuments. The monorail phase is close to the ancient monolithic bas relief of Siva in Parel village.  

As per the bye-laws, MMRDA will now have to apply to the National Monument Authority for construction permission. The bye-laws state that “public utility projects involving construction by the state government or central government, public-private sector, such as construction of roads, highways, pathways, drains, sewage lines, transportation, metro railways, etc, will have to seek prior permissions.”  

The rules also state that if prior permissions is not taken before the construction, from the competent authority and if the construction is not done as per the plans submitted at the time of seeking clearances, then the permission can be revoked. The Parel Siva statue, which dates back to the 7th century, was discovered when roads were being laid between Parel and Sewree in 1935. The locals then shifted it to its current location, Baradevi Mandir, which has been protected by the ASI since 1985.  According to the Act, the first 100 metres around an ancient monument is prohibited area, where no mining or construction can take place.