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A Project Submitted

on

Heritage Conservation &The Law in India

IN COMPLIANCE TO THE PARTAIL FULFILLMENT OF THE MARKING


SCHEME,FOR TRIMESTER 8 OF 2016-17, IN THE SUBJECT OF
ENVIRONMENTAL LAW

SUBMITTED TO :- SUBMITTED BY:-


PROFESSOR NADISHA VAZIRANI Nayanika Tiwari
42
BA LLB (Hons.)

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Acknowledgement

I would like to thank the Narsee Monjee Institute of Management Studies School of Law
for the opportunity to work on a project such as this one, which has been a great learning
experience.

I would also like to thank Professor Nadisha Vazirani for having provided us with this
opportunity to conduct a study and work on a project that helps us learn the subject of
Environmental Law in a new dimension, apart from providing the students her guidance and
contributions, whenever required.

The guidance and inputs are truly appreciated and valued.

Further I would like to thank all the valued contributors who have conducted studies
themselves and have written books and article that have been referred to in order to work on
this project.

All contributors are thanked for their works and contribution to the field of study.

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Index

Chapter Page no.

Research Methodology 6

Introduction 8

Inter disciplinary approach 11

Statutory Analysis 13

Role of Judiciary 19

Analysis of the questionnaire 22

Conclusion 23

Suggestions 25

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Table of Cases / Statutes
Table of cases
1. Subhas Dutta V. UOI

2. Taj Trapezium case ( M.C. Mehta)

3. Archaeological Survey of India Versus Narender Anand and others

Table of Statutes
The Ancient Monuments and Archaeological sites and Remains Act

The Ancient Monuments Preservation Act, 1904

The Antiquities and Art Treasures Act 1972

Chapter 1
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Research Methodology
Research Problem
The research problem for this project is

Deterioration of the Heritage of India is one of the biggest challenges being faced by the
Archaeological Survey of India . How does pollution affect the heritage and under what laws
can the Heritage of India be conserved?

Research Questions
1. What does the term, heritage conservation mean?
2. What are the various projects/policies/missions undertaken by the government to
protect and conserve the heritage?
3. What are the laws pertaining to heritage conservation?

Hypothesis
The heritage sites of India are being affected on a large scale due to innumerable factors,
many of which include air pollution and water pollution. Many discussions have happened
and legislations have been passed pertaining to heritage conservation and sustainable
development. However, as of yet there hasnt been much progress pertaining to heritage
conservation.

Research Methodology
In this project, the researcher has adopted both, primary and secondary research
methodology.

For the primary research, the researcher has adopted the survey method. A questionnaire
pertaining to the topic was drafted and circulated amongst various groups of people. The
questionnaires have been attached at the end of the project.

The researcher has also analysed the questionnaires in order to gain a better understanding
about awareness amongst the public for heritage conservation.
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For the secondary research, all the data collected has been collected from various secondary
sources such as legal databases, journals, articles, books, websites and newspapers.

Both the methods have been adopted because the topic, has an extremely wide scope and
alone primary research methodology would not have sufficed.

Literature Review
Conservation is the action taken to prevent decay. It embraces all acts that prolong the life of
our cultural and natural heritage, the object being to present to those who use and look at
historic buildings with wonder the artistic and human messages that such buildings possess.

The minimum effective action is always the best; if possible, the action should be reversible
and not prejudice possible future interventions1

Conservation is equivalent to preservation, which means to keep safe from decaying or


being damaged or destroyed. In urban planning, conservation means the best use of resources
embodied in the physical environment, particularly with regard to urban and rural landscapes
of great beauty, historical association or cultural identity.

Conservation is the dynamic process which transforms and synthesizes the historical context
within the requirements of contemporary urban restructuring and the following are some of
the selection criteria for heritage conservation.2

Chapter 2

1 http://shodhganga.inflibnet.ac.in/bitstream/10603/28071/7/07_chapter2.pdf

2 http://shodhganga.inflibnet.ac.in/bitstream/10603/35945/6/chapter%202.pdf

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Introduction
Heritage is deemed to mean those buildings, artefacts, structures, areas and precincts that are
of historic, aesthetic, architectural or cultural significance and should include natural features
within such areas or precincts of environmental significance or scenic beauty such as sacred
groves, hills, hillocks, water bodies (and the areas adjoining the same), open areas, wooded
areas, etc.

It must be recognized that the 'cultural landscape' around a heritage site is critical for the
interpretation of the site and its built heritage and thus is very much its integral part. The
conservation of built heritage is generally perceived to be in the long term interest of society.
This can be better understood if categorized under 'economic, 'cultural', and 'environmental',
although they are not mutually exclusive and, indeed, they are often interlocked.

Most buildings are capable of beneficial use, whether for their original purpose or for some
other use.

Buildings and their precincts need to be used in order to survive and such use can be made
into an economically viable enterprise. Heritage comprises archaeological sites, remains,
ruins, and monuments, and also a large number of unprotected buildings, groups of buildings,
neighborhoods, and public spaces including landscapes and natural features which provide
character and distinctive identity to cities. 3

Relevance of the topic

India is a culturally rich country having lots of heritage sites. Our heritage sites are ancient
monuments which portray the history of the location in a regal manner. For example
Mahabodhi Temple Complex at Bodh Gaya was built by Emperor Ashoka in the 3rd century
BC, Revered and sanctified as the place where Siddhartha Gautama Buddha was enlightened
in 531 BC at age 35, and then propagated his divine knowledge of Buddhism to the world, it
has been the ultimate temple for reverential worship, over the last several centuries, by
Buddhists of all denominations, from all over the world who visit on pilgrimage.

3 http://cpwd.gov.in/Publication/ConservationHertBuildings.pdf

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Thus such sites have religious importance and also economic importance as such sites boost
tourism which in turn boosts revenue. It is extremely necessary to preserve these sites.

However since the past few years these sites have not been preserved, rather have been
subjected to environmental degradation.

This is an extremely relevant topic because given the rate at which our heritage sites are
being degraded, heritage conservation has become a burning issue and needs to be answered.

Significance of the topic

The process of economic growth and development, though vital for any nations progress,
done at the cost of environmental degradation through industrialisation and urbanisation
transportation, burning of fossil fuels and deforestationhas led to the emission of
greenhouse gases into the atmosphere. These gases absorb the heat of solar rays, which
results in the warming of the atmosphere, seas and oceans leading to floods, droughts, severe
storms, melting of ice at the poles, receding of glaciers and rise in sea water levels.

These issues have brought the concerns for environmental and heritage conservation and
sustainable development to the forefront.The greenhouse gases (GHGs) ruin the atmosphere
and simultaneously ruin the heritage sites. A recent example of this phenomena would be the
Taj Mahal which is situated in Agra.

Due to the increase of CFCs in the atmosphere, the rain in turned to sulphuric rain which then
started eroding the marble of Taj Mahal. The Government had to then take immediate steps to
curb the problem.

However this was just one example. Currently there are many such issues and thus the
discussion of these require our immediate attention and thus this topic is extremely
significant in the current times.

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Scheme of Chapters
The following is the scheme of chapters

1. Research Methodology
This includes Rsearch question, Hypothesis, Rsearch Problem, Rsearch Methodology
and Literature Review
2. Introduction
This includes Relevance of topic, Significance of topic and Scheme of chapters
3. Staturtory Analysis
This includes the various legal provisions prevalent in India, pertaining to the topic,
any international treaties or conventions and legal or governmental agencies or bodies
for the purpose of heritage conservation, drawbacks, issues, etc.
4. Role of Judiciary
This includes case studies and various other landmark cases.
5. Analysis of questionnaire
The questionnaire has been analysed.
6. Conclusion
This includes identifying the lacunas in the laws, answering the research problems,
commenting on the hypothesis framed in the beginning.
7. Suggestions
This includes various suggestions provided by the researcher which seem relevant to
the topic in hand.

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Chapter 3

Inter Disciplinary Approach


4
Figure. Potential areas of cultural heritage impact on socio-economic development

Socio Economic Impact

Various Studies which have been conducted over the time period of the past two decades, have
identified and underlined Two major measurable of the economic impacts of heritage
conservation:

4 https://www.academia.edu/2624677/Cultural_economic_and_social_sustainability_of_heritage_tourism_issues_and_challenges

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1) jobs and household income;

2) heritage tourism;

1) Jobs and household income

For most professionals in the economic development field, the top priorities are creating
jobs and increasing local household income. The rehabilitation of historic buildings is
particularly potent in this regard. The costs of new construction in India will be half
materials and half labor. The costs of rehabilitation will be 60 to 70% labor with the balance
being materials. This labor intensity affects a local economy on two levels.

First, the plumbing fixtures are bought from a plant a thousand miles away, and the lumber
may be imported from across the ocean, but the services of the plumber and the carpenter are
purchased from across the street. Furthermore, once the plumbing is installed, the plumbing
doesnt spend any more money.

Ultimately, economic development is about jobs, and heritage conservation not only
provides jobs, it provides good jobs and more of them.

2) heritage tourism

The next category is heritage tourism. This is a challenging area. While tourism is one of the
fastest growing segments of the worlds economy, not every city can or should look to
tourism as a major portion of its economic base. There are cultural, economic, logistical, and
sometimes even religious reasons for why tourism is not appropriate for every community.
Furthermore, it would be a mistake to only connect historic buildings with tourismthere are
many more ways that historic buildings can be used as a local resource. However, when
tourism is identified as part of an overall development strategy, the identification, protection,
and enhancement of historic resources is vital for any sustainable effort.

A study was conducted on the spending patterns of heritage visitors with tourists who did no
heritage activities. They found that heritage visitors stay longer, visit twice as many places,
and so, on a per trip basis, spend 2.5 times more than other visitors. Worldwide, wherever
heritage tourism has been evaluated, this same basic tendency is observed: heritage visitors
stay longer, spend more per day, and, therefore, have a significantly greater per trip economic
impact.

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Thus it can be seen that heritage tourism boosts the foreign revenue of the country which in
turn facilitates economic development of the country.

Chapter 4

Statutory analysis
Constitutional Validity

At the national level, Article 48(A) of the Indian Constitution imposes a constitutional
obligation on the state to protect and improve the environment and safeguard the forests and
wildlife of the country.

Article 51(A)(g) imposes a constitutional obligation on the citizens of India to protect and
improve the natural environment, including forests, lakes, rivers and wildlife and to have
compassion for all living creatures.

We also have laws to deal with air pollution, emission of greenhouse gases and use of ozone-
depleting substances like the Water Act, the Air Act and the Environment Protection Act but
the need is for their strict implementation.

Brief Overview of the various legislations passed

Cultural renaissance of early nineteenth century witnessed enactment of the first ever
antiquarian legislation in India known as Bengal Regulation XIX of 1810. This was soon
followed by another legislation called as Madras Regulation VII of 1817. Both these
regulations vested the Government with a power to intervene whenever the public buildings
were under threat of misuse.

However, both the Acts were silent on the buildings under the private ownership. The Act
XX of 1863, was therefore enacted to empower the Government to prevent injury to and
preserve buildings remarkable for their antiquity or for their historical or architectural value.

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The Indian Treasure Trove Act, 1878 (Act No. VI of 1878) was promulgated to protect and
preserve treasure found accidentally but had the archaeological and historical value. This Act
was enacted to protect and preserve such treasures and their lawful disposal.

In a landmark development in 1886, James Burgess, the then Director General succeeded in
prevailing upon the Government for issuing directions: forbidding any person or agency to
undertake excavation without prior consent of the Archaeological Survey and debarring
officers from disposing of antiquities found or acquired without the permission of the
Government.

The Cultural heritage ushered in a new era when The Ancient Monuments Preservation Act,
1904 (Act No. VII of 1904) was promulgated. This Act provided effective preservation and
authority over the monument particularly those, which were under the custody of individual
or private ownership. As this Act has not been repealed, it is deemed to be in force.

Next Act was The Antiquities Export Control Act, 1947 (Act No. XXXI of 1947) and Rules
thereto which provided a regulation over the export of antiquities under a licence issued by
the Director General and empowering him to decide whether any article, object or thing is or
is not an antiquity for the purpose of the act and his decision was final.

In 1951, The Ancient and Historical Monuments and Archaeological Sites and Remains
(Declaration of National Importance) Act, 1951 (No LXXI of 1951) was enacted.
Consequently, all the ancient and historical monuments and archaeological sites and remains
protected earlier under The Ancient Monuments Preservation Act, 1904 (Act No. VII of
1904) were re-declared as monuments and archaeological sites of national importance under
this Act. Another four hundred and fifty monuments and sites of Part B States were also
added. Some more monuments and archaeological sites were also declared as of national
importance under Section 126 of the States Reorganization Act, 1956.

In order to bring the Act on par with constitutional provisions and providing better and
effective preservation to the archaeological wealth of the country, The Ancient Monuments
and Archaeological Sites and Remains Act 1958 ( No 24 of 1958) was enacted on 28th
August 1958.

This Act provides for the preservation of ancient and historical monuments and
archaeological sites and remains of national importance, for the regulation of archaeological
excavations and for the protection of sculptures, carvings and other like objects.

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Subsequently, The Ancient Monuments and Archaeological Sites and Remains Rules 1959
were framed. The Act along with Rules came into force with effect from 15 October 1959.
This Act repealed The Ancient and Historical Monuments and Archaeological Sites and
Remains (Declaration of National Importance) Act, 1951.

The Antiquities and Art Treasures Act 1972 ( No. 52 of 1972) is the latest Act enacted on 9th
September 1972 for effective control over the moveable cultural property consisting of
antiquities and art treasures.

Laws in force
The Ancient Monuments and Archaeological sites and Remains
Act,1958 (as amended In 2010)
The Ancient Monuments and Archaeological Sites and Remains Act, 1958, requires special
mention as it has recently been amended in 2010 with strict rules in place for building and
renovation activity in the vicinity of protected monuments.

The Act states that no building activity is allowed in the prohibited zone which is within 100
meters from the notified limits of the monument. Two hundred meters further from the
borders of the 100 meter prohibited zone is the regulated area.

Here some building, repair and restoration activity is allowed with permission from the
Competent Authority who forwards it to the National Monuments Authority for their expert
opinion.

Other Salient features of this act include

1. The limits of prohibited area and regulated area around the monuments, archaeological sites
and remains declared by the Central Government as protected have been specified in the
principal Act as 100 m and 200 m, respectively. The limits so fixed may be further extended
on the basis of gradation and classification of the monuments, archaeological sites and
remains to be done by the National Monument Authority, which is to be constituted by the
Central Government by virtue of the Amendment in the principal Act.

2. The Authority shall have a full time Chairperson and five full time and five parttime members
having proven experience and expertise from the fields of archaeology, town and planning,
architecture, heritage, conservation architecture or law with a tenure of three years. The
function of the Authority shall be to recommend for gradation and classification of

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monuments and protected areas, oversee the working of Competent authorities, suggest
measures for implantation of the provisions of the Act, consider impact of large-scale
development projects, public projects and projects essential to the public proposed in
regulated areas and make recommendations for grant of permission.

3. Henceforth, no permission for construction of any public projects or any other nature shall be
granted in the prohibited areas of the protected monument and protected area. However,
permission for repair and renovation could be granted by the Competent Authority, to be
specified by the Central Government, on the recommendation of the National Monument
Authority, subject to the condition that the building or structure is pre- 1992 or permission for
construction or reconstruction of such building or structure had been granted by the
Archaeological Survey of India.

40th UNESCO SESSION


UNESCO held its 40th session at Istanbul, Turkey, on 24 th 26th October 2016. The session
discussed a lot of points, including heritage conservation along with sustainable development
and discussed the preservation stage of various heritage sites including, Hill Forts of
Rajasthan, Keoladeo National Park Inida and Great Himalayan National Park Conservation
Area, India.

And the following decisions were adopted

The World Heritage Centre, through the World Heritage Cities Thematic Programme, takes
parts in UNESCOs contribution to support Members States implementation of Sustainable
Development Goal (SDG) 11 of the 2030 Agenda for Sustainable Development: Make Cities
and Human Settlements inclusive, safe, resilient and sustainable. In this framework, the
UNESCO Global Report on Culture and Sustainable Urban Development, which will be
presented to Third United Nations Conference on Housing and Sustainable Urban
Development (Habitat III), in October 2016 (Quito, Ecuador), is intended as a contribution to
the common UN action towards the development of the New Urban Agenda and the
implementation of SDG

The Report will allow, for the first time, consolidate strategic analyses of the situations,
trends, threats and existing opportunities in the different regional contexts in view of
fostering the role of culture for sustainable urban development; it will propose a reflection
and recommendation on managing change in cities, building on the role of cultural heritage

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as a lever for sustainable development, with the aim to support communities, planners and
legislators involved in conservation policies and heritage focused urban development.5

International Treaties
The Convention on Biological Diversity, signed at the 1992 Rio Earth Summit, is
dedicated to promoting sustainable development. It recognises that biological diversity is
about more than plants, animals and microorganisms and their ecosystemsit is about people
and our need for food security, medicines, fresh air and water, shelter, and a clean and healthy
environment in which to live.

The Convention for the Safeguarding of the Intangible Cultural Heritage, adopted by the
32nd session of the General Conference of UNESCO in September 2003, calls for
safeguarding knowledge and skills that are recognised by communities, groups, and in some
cases individuals, as forming part of their cultural heritage; are transmitted from generation to
generation and constantly recreated; are crucial for the sense of identity and continuity of
communities and groups; are in conformity with human rights, and, mutual respect and
sustainable development. This is commonly known as traditional or indigenous knowledge.

The UN Declaration on the Rights of Indigenous Peoples, endorsed by the UN Human


Rights Council in June 2006, recognises that respect for indigenous knowledge, cultures and
traditional practices contributes to sustainable and equitable development and proper
management of the environment.

Government bodies for heritage conservation


1. Archaeological Survey of India (ASI)

The Archaeological Survey of India (ASI), under the Ministry of Culture, is the premier
organization for the archaeological researches and protection of the cultural heritage of

5 http://whc.unesco.org/archive/2016/whc16-40com-5C-en.pdf

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the nation. Maintenance of ancient monuments and archaeological sites and remains of
national importance is the prime concern of the ASI. Besides it regulate all archaeological
activities in the country as per the provisions of the Ancient Monuments and
Archaeological Sites and Remains Act, 1958. It also regulates Antiquities and Art
Treasure Act, 1972.

For the maintenance of ancient monuments and archaeological sites and remains of
national importance the entire country is divided into 24 Circles. The organization has a
large work force of trained archaeologists, conservators, epigraphist and scientists for
conducting archaeological research projects through its Circles, Museums, Excavation
Branches, Prehistory Branch, Epigraphy Branches, Science Branch, Horticulture Branch,
Building Survey Project, Temple Survey Projects and Underwater Archaeology Wing.6

2. Indian National Trust for Art and Cultural Heritage (INTACH)

The Indian National Trust for Art and Cultural Heritage (INTACH) was founded in 1984
in New Delhi with the vision to spearhead heritage awareness and conservation in India.
Today INTACH is recognized as one of the worlds largest heritage organizations, with
over 190 Chapters across the Country.

In the past 31 years INTACH has pioneered the conservation and preservation of not just
our natural and built heritage but intangible heritage as well. Headquartered in New
Delhi, it operates through various divisions such as Architectural Heritage, Natural
Heritage, Material Heritage, Intangible Cultural Heritage, Heritage Education and
Communication Services (HECS), Crafts and Community Cell, Chapters, INTACH
Heritage Academy, Heritage Tourism, Listing Cell and Library, Archives and
Documentation Centre

6 http://asi.nic.in/asi_aboutus.asp

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Chapter 5
Role of Judiciary
1. Subhas Datta v/s. Union of India & Ors7
The petitioner filed PIL in SC on the issue of protection of historical objects preserved at
different places in the country particularly in various museums. He pleaded direction from SC
for adequate security arrangements and for proper investigation into the incidents of theft and
damage to several historical objects and also for making an inventory of available articles for
future.8

2. M.C. Mehta v. Union of India, WP 13381/1984 (1996.12.30)

This case is commonly referred to as Taj Trapezium Case. The Taj Trapezium Zone (TTZ)
referred to by the court is a 10,400 sq.km trapezium-shaped area covering the five districts of
the Agra region. The TTZ comprises over 40 protected monuments including three World
Heritage Sites the Taj Mahal, Agra Fort and Fatehpur Sikri.

The writ petition was accompanied by the report of the Expert Committee called Report on
Environmental Impact of Mathura Refinery" (Varadharajan Committee) published by the
Government of India in 1978.

As a result of the petition, a series of orders were given from 1993 by the court. On 8th of
January, 1993, the court directed the Uttar Pradesh Pollution Control Board to make a
detailed list of all the industries and foundries active in the region and to make sure that
pollution control measures are employed by the industries and foundries. The U.P Pollution
Control Board filed an affidavit dated 3rd May, 1993 reporting its survey.

It categorized the various industries and reported that there were total of 511 industries in the
area. Notices were issued to all these industries regarding pollution control as per the orders
of the court.

7 SC, Writ Petition No 252 of 2004 decided on February 3, 2015

8 http://www.livelaw.in/legal-aspects-heritage-india/

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Although Mathura Oil Refinery was included in the above industries, the court decided to
deal with it separately. The court then passed an order on 5th of May, 1993. The U.P Pollution
Control Board was directed to again issue a notice (public) to the 511 industries within two
weeks through two local and two national newspapers directing them to install pollution
control devices if they had not already done so.

The industries were required to reply within eight weeks from the date of publication of the
notice. The Board was asked to inspect the industries, if they wished to, to check the truth in
their replies and a report was to be submitted to the court by the Board. Out of the 511
industries, 212 did respond to the notice. The court ordered these industries to be shut down
on 27th of August till necessary pollution control devices were installed.9

3. Archaeological Survey of India Versus Narender Anand and others

( civil appellate jurisdiction civil appeal no. 2430 of 2006 civil appeal no. 2431 of 2006)

Brief Overview

Delhi Development Authority Act , 1957Ancient Monuments and Archaeological Sites and
Remains (Amendment and Validation) Act, 2010, Sections 20A, 20B Ancient Monuments
and Archaeological Sites and Remains Act , 1958Ancient monumentsConstruction
around protected monumentsWhether building plan sanctioned by Corporation enabling
Respondents to construct building violative of prohibition contained in notificationHeld,
Respondents not entitled to construct, as plot within 100 meters of protected monument in
view of prohibitionPublic interest should be considered by Central Government/Director
General before allowing/not allowing constructionHigh Court rightly interpreted
prohibition that distance of 100 meters should be counted from outer boundary wall of
monumentInsertion of Ss. 20A, 20B stated Government not required to act upon
notificationHigh Court erred by issuing mandamus to Central Government to
review/reconsider notification, order set asideAppeal allowed.

9 http://www.lawteacher.net/free-law-essays/european-law/this-case-is-commonly-referred-to-as-taj-trapezium-
case-law-essay.php

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Judgment

We may now revert to the impugned judgment in these appeals. In our view, Archaeological
Survey of India is fully justified in making a grievance that the Division Bench of the High
Court was not justified in directing the Central Government to review the prohibition
contained in notification dated 16.6.1992. The High Courts anxiety to maintain a balance
between the dire necessity of protecting historical monuments of national and international
importance and development of infrastructures is understandable, but it is not possible to
approve the fiat issued to the Central Government to review the prohibition contained in
notification dated 16.6.1992.

That notification was issued by the Central Government for implementing the policy
enshrined in Article 49 of the Constitution and the 1958 Act i.e. to preserve and protect
ancient and historical monuments and archaeological sites and remains of national
importance. Section 19 of the 1958 Act contains a restriction against construction of any
building within the protected area or carrying out of any mining, quarring, excavating,
blasting or any other operation of similar nature in such area. Rules 31 and 32 of the Rules
empower the Central Government to declare an area near or adjoining a protected monument
to be a prohibited area or a regulated area for the purposes of mining operation or
construction.

The Central Government must have issued notification dated 16.6.1992 after consulting
experts in the field and keeping in view the object of the 1958 Act. Therefore, in the name of
development and accommodating the need for multistoried structures, the High Court could
not have issued a mandamus to the Central Government to review/reconsider notification
dated 16.6.1992 and that too by ignoring that after independence large number of protected
monuments have been facing the threat of extinction and if effective steps are not taken to
check the same, these monuments may become part of history. One of such monument is
Jantar Mantar, New Delhi. Some of its instruments have become unworkable/non functional.
This is largely due to construction of multistoried structures around Jantar Mantar. Therefore,
we have no hesitation to hold that the High Court was not justified in directing the Central
Government to review or reconsider notification dated 16.6.1992 and, to that extent, the
impugned judgment is liable to be set aside. We may add that with the insertion of Sections
20A and 20B, the direction given by the High Court for review of notification dated

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16.6.1992 has become infructuous and the Government is no longer required to act upon the
same.10

Chapter 6
Analysis of the questionnaire
In order to conduct more thorough research, the researcher drafted a questionnaire and floated
it amongst a random assembly of people.

The questionnaire has been attached at the end of the prject and contains various questions
pertaining to heritage conservation in India and also includes a section for providing
suggestions.

Analysis

Out of the total group of people, very few of them (2%) knew about all the heritage sites
currently present in India.

Majority of the group had heard about heritage conservation but had never witnessed any
such action being taken by either the authorities or the general public.

Again, a very small portion of the public knew about heritage conservation laws, and even
fewer knew that there existed certain bodies in India which were solely dedicated to
preserving and conserving monuments.

However, a lot of them agreed that the bodies made for the purpose of conserving and
preserving heritage sites needed to improve their implementation procedure.

10 Lexis nexis India

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The main aim of floating a questionnaire was to know about the awareness amongst the local
citizen about heritage conservation. However there seems to be either lack of awareness or
total ignorance on the part of both, the authorities and the local citizens.

Chapter 7
Conclusion
As a social and cultural change intensifies, greater demands are made to conserve heritage as
a brake against unwanted change and even as a means of effective change. There is great
urgency to preserve the Indian cultural heritage before its complete extinction. There is a
need for a comprehensive law to deal with overall aspects of the heritage in India. We
propose the formation of National Heritage Resources Management Authority dealing with
preservation, protection, security, research, policy level aspects of heritage in India. Also,
three is dire need to create and stimulate awareness among the public for the preservation and
conservation of cultural heritage. Unless people realize the value of the heritage and its
benefits, no conservation scheme to be successful. Finally, it is the duty of every citizen of
India to preserve and protect the legacy. Laws, rules regulation wont work unless we
cooperate in this mission.

The researcher will now answer the research questions which were mentioned in the first
chapter. The following are the research questions

1. What does the term, heritage conservation mean?


2. What are the various projects/policies/missions undertaken by the government to
protect and conserve the heritage?
3. What are the laws pertaining to heritage conservation?

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In answer to the first question, heritage conservation as discussed in the Introduction
chapter, Heritage is nothing but those buildings, artefacts, structures, areas and precincts
that are of historic, aesthetic, architectural or cultural significance and should include natural
features within such areas or precincts of environmental significance or scenic beauty such as
sacred groves, hills, hillocks, water bodies (and the areas adjoining the same), open areas,
wooded areas, etc.

And Conservation means the conservation of the building so as to protect them from
natural decay and decomposition. Although the term conservation is very narrow in nature,
for the context of this project, it is deemed to mean and include preservation and restoration
also.

In answer to the second question, the Government of India has at innumerable times and
events undertaken and implemented various policies and missions, so as to make the citizens
of the country more aware about heritage conservation.

In answer to the third question, there have been many laws passed on the topic of heritage
conservation and preservation, right from the british era. All of these laws and legislations
have been discussed in the Statutory analysis Chapter.

After having conducted both primary and secondary research, it can be stated that the
researcher has affirmed the hypothesis formulated at the beginning of this project.

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Suggestions
For the maintenance of ancient monuments and archaeological sites and remains of national
importance the ASI has divided the entire country into 24 Circles. The ASI has a large work
force of trained archaeologists, conservators, epigraphist, architects and scientists for
conducting archaeological research projects. Earlier a lot of laws and acts had been passed by
the government to protect these monuments, but major of them were done on structures that
were beneficial to the contemporary society. Also, the work that was carried out had a dearth
of funds, enthusiasm and awareness. Later the Ancient Monuments and Preservation Act,
1904 was passed with the prime objective to ensure the proper upkeep and repair of ancient
buildings in private ownership excepting such as those used for religious purposes. Under this
program, the conservation work is carried out in three main broad categories:

1. Chemical Preservation The ASIs Science Branch is responsible mainly for the
chemical conservation treatment and preservation of some three thousand five
hundred ninety-three protected monuments besides chemical preservation of museum
and excavated objects countrywide. The main aim of the Science Branch includes
Material deterioration process, basic studies of intervention technologies, basic
studies on materials and diagnostic technologies.

Page 24 of 35
2. Structural Conservation The workers in the field are acquiring cumulative
knowledge of several generations and gaining expertise on the ways to improve and
stabilize the structures by maintaining their pristine looks. The structures are given
additional strength and reinforced to undo the harms done by pollution, acid rains, and
other chemicals over the years. The foundations are so improved so as to make these
structures natural-disasters resistant.

3. Contemporary Awareness Program The citizens of India in general and students in


specific are being roped in by the government to spread awareness and advertise
about the preservation of the heritage. Many seminars are being organized every year
where the students are lectured not only about the basic steps each can take
individually on this issue but also are made familiarized with the amount of money,
time, expertise and labour that goes into protecting these structures via chemical and
other methods.

Some other steps that can be adopted are as follows

1. renovate damaged historical monuments and provide them legal protection under the
heritage protection act of UNO.
2. de commercialization of monuments to prevent spread of pollution in the
surroundings.
3. The practice of popularizing monuments as places of entertainment and amusement
should also be played down because it does not helps much in protecting them as our
heritage and on the other hand brings harm to the already vulnerable structures.
4. In many cases, monuments have become love making spots which should be brought
under control and younger and even older generations made to undrestand their
cultural value and relevancy.

Page 25 of 35
Questionnaires

Page 26 of 35
Questionnaire
Q 1. Do you know how many heritage sites are there in India?
A. No.
Q 2. Have you heard about the term Heritage Conservation ?
A. No.
Q 3. How important is Heritage conservation to you ?
Extremely Important Not Very Unimportant Dont know
important Important

Q 4. How important is it to preserve the heritage of India?


Extremely Important Not Very Unimportant Dont know
important Important

Q 5. Are the existing policies to protect Heritage Areas adequate?

Page 27 of 35
Yes Maybe Not very Dont know
adequate

Q 6. How are the local bodies around you implementing the law for heritage conservation?
Excellent Satisfactory Good manner Needs Dont know
manner manner improvement

Q7. What suggestion would you want to give the heritage conservation authorities for better
implementation of the laws?
A. Create tougher laws and implement them in a better manner.

Questionnaire
Q 1. Do you know how many heritage sites are there in India?
A. No
Q 2. Have you heard about the term Heritage Conservation ?
A. Yes
Q 3. How important is Heritage conservation to you ?
Extremely Important Not Very Unimportant Dont know
important Important

Q 4. How important is it to preserve the heritage of India?


Extremely Important Not Very Unimportant Dont know
important Important

Q 5. Are the existing policies to protect Heritage Areas adequate?

Page 28 of 35
Yes Maybe Not very Dont know
adequate

Q 6. How are the local bodies around you implementing the law for heritage conservation?
Excellent Satisfactory Good manner Needs Dont know
manner manner improvement

Q7. What suggestion would you want to give the heritage conservation authorities for better
implementation of the laws?
A. The authorities need to create more awareness amongst the citizens

Questionnaire
Q 1. Do you know how many heritage sites are there in India?
A. No
Q 2. Have you heard about the term Heritage Conservation ?
A. No
Q 3. How important is Heritage conservation to you ?
Extremely Important Not Very Unimportant Dont know
important Important

Q 4. How important is it to preserve the heritage of India?


Extremely Important Not Very Unimportant Dont know
important Important

Q 5. Are the existing policies to protect Heritage Areas adequate?

Page 29 of 35
Yes Maybe Not very Dont know
adequate

Q 6. How are the local bodies around you implementing the law for heritage conservation?
Excellent Satisfactory Good manner Needs Dont know
manner manner improvement

Q7. What suggestion would you want to give the heritage conservation authorities for better
implementation of the laws?
A. They should appoint security guards around the heritage sites, so as to prevent people
from ruining the structures.

Questionnaire
Q 1. Do you know how many heritage sites are there in India?
A. Yes
Q 2. Have you heard about the term Heritage Conservation ?
A. Yes
Q 3. How important is Heritage conservation to you ?
Extremely Important Not Very Unimportant Dont know
important Important

Q 4. How important is it to preserve the heritage of India?


Extremely Important Not Very Unimportant Dont know
important Important

Page 30 of 35
Q 5. Are the existing policies to protect Heritage Areas adequate?
Yes Maybe Not very Dont know
adequate

Q 6. How are the local bodies around you implementing the law for heritage conservation?
Excellent Satisfactory Good manner Needs Dont know
manner manner improvement

Q7. What suggestion would you want to give the heritage conservation authorities for better
implementation of the laws?
A. They should start more events in order to make people understand the seriousness o
this issue.

Questionnaire
Q 1. Do you know how many heritage sites are there in India?
A. No
Q 2. Have you heard about the term Heritage Conservation ?
A. Yes
Q 3. How important is Heritage conservation to you ?
Extremely Important Not Very Unimportant Dont know
important Important

Q 4. How important is it to preserve the heritage of India?


Extremely Important Not Very Unimportant Dont know
important Important

Page 31 of 35
Q 5. Are the existing policies to protect Heritage Areas adequate?
Yes Maybe Not very Dont know
adequate

Q 6. How are the local bodies around you implementing the law for heritage conservation?
Excellent Satisfactory Good manner Needs Dont know
manner manner improvement

Q7. What suggestion would you want to give the heritage conservation authorities for better
implementation of the laws?
A. The pollution level around the heritage sites must be kept in check.

Questionnaire
Q 1. Do you know how many heritage sites are there in India?
A. No
Q 2. Have you heard about the term Heritage Conservation ?
A. Yes
Q 3. How important is Heritage conservation to you ?
Extremely Important Not Very Unimportant Dont know
important Important

Q 4. How important is it to preserve the heritage of India?


Extremely Important Not Very Unimportant Dont know
important Important

Page 32 of 35
Q 5. Are the existing policies to protect Heritage Areas adequate?
Yes Maybe Not very Dont know
adequate

Q 6. How are the local bodies around you implementing the law for heritage conservation?
Excellent Satisfactory Good manner Needs Dont know
manner manner improvement

Q7. What suggestion would you want to give the heritage conservation authorities for better
implementation of the laws?
A. No residential premises should be allowed to be constructed around or near the
heritage sites.

Questionnaire
Q 1. Do you know how many heritage sites are there in India?
A. Yes
Q 2. Have you heard about the term Heritage Conservation ?
A. Yes
Q 3. How important is Heritage conservation to you ?
Extremely Important Not Very Unimportant Dont know
important Important

Q 4. How important is it to preserve the heritage of India?


Extremely Important Not Very Unimportant Dont know
important Important

Page 33 of 35
Q 5. Are the existing policies to protect Heritage Areas adequate?
Yes Maybe Not very Dont know
adequate

Q 6. How are the local bodies around you implementing the law for heritage conservation?
Excellent Satisfactory Good manner Needs Dont know
manner manner improvement

Q7. What suggestion would you want to give the heritage conservation authorities for better
implementation of the laws?
A. 500 meters area around the heritage site should be deemed as a no construction zone
and no sort of work should be allowed there.

Questionnaire
Q 1. Do you know how many heritage sites are there in India?
A. No
Q 2. Have you heard about the term Heritage Conservation ?
A. No
Q 3. How important is Heritage conservation to you ?
Extremely Important Not Very Unimportant Dont know
important Important

Q 4. How important is it to preserve the heritage of India?


Extremely Important Not Very Unimportant Dont know
important Important

Q 5. Are the existing policies to protect Heritage Areas adequate?

Page 34 of 35
Yes Maybe Not very Dont know
adequate

Q 6. How are the local bodies around you implementing the law for heritage conservation?
Excellent Satisfactory Good manner Needs Dont know
manner manner improvement

Q7. What suggestion would you want to give the heritage conservation authorities for better
implementation of the laws?
A. The care and maintanence of heritage sites should be given to private companies.

Page 35 of 35

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