Case Note & Summary
The petitioner, Parisar Sanrakshan Sanwardhan Sanstha, filed a public interest litigation under Article 226 of the Constitution challenging the construction of a grade separator (underpass) by the Pune Municipal Corporation at S. G. Barve Chowk on Shivaji Road, Pune. The grievance was that the grade separator was within 100 meters of the Pataleshwar Caves (also known as Bhamburda Cave Temple), a protected monument under the Ancient Monuments and Archaeological Sites and Remains Act, 1958. The petitioner argued that Section 20-A of the Act prohibits any construction in the prohibited area (100 meters from the monument) without prior permission from the National Monuments Authority. The Municipal Corporation had sought permission from the State Department of Archaeology in December 2012, which forwarded the proposal to the National Monuments Authority in January 2013, but no final permission was granted. The court examined the provisions of Sections 20-A, 20-D, and 20-E of the Act, which require that any construction in the prohibited area must have prior permission from the National Monuments Authority. The court noted that the work had already commenced and was at an advanced stage. The court held that the construction without such permission was illegal and directed the Municipal Corporation to apply to the National Monuments Authority for permission. The court restrained further construction until permission is obtained, but allowed the Corporation to maintain the existing structure to prevent safety hazards. The court also directed the National Monuments Authority to decide the application within four weeks.
Headnote
A) Ancient Monuments Law - Prohibited Area - Section 20-A, Ancient Monuments and Archaeological Sites and Remains Act, 1958 - Construction within 100 meters of protected monument - The petitioner challenged construction of a grade separator by Pune Municipal Corporation within 100 meters of Pataleshwar Caves, a protected monument. The court held that the work falls within the prohibited area and requires prior permission from the National Monuments Authority under Section 20-E. The court directed the Municipal Corporation to apply for permission and restrained further construction until permission is obtained (Paras 1-10).
Issue of Consideration
Whether construction of a grade separator within 100 meters of a protected monument (Pataleshwar Caves) is permissible without prior permission from the National Monuments Authority under the Ancient Monuments and Archaeological Sites and Remains Act, 1958.
Final Decision
The court directed the Pune Municipal Corporation to apply to the National Monuments Authority for permission under Section 20-E of the Ancient Monuments and Archaeological Sites and Remains Act, 1958. The National Monuments Authority was directed to decide the application within four weeks. The Municipal Corporation was restrained from carrying out further construction until permission is obtained, but allowed to maintain the existing structure to prevent safety hazards.
Law Points
- Prohibited area under Section 20-A of Ancient Monuments and Archaeological Sites and Remains Act
- 1958
- No construction within 100 meters of protected monument without permission
- National Monuments Authority must grant permission under Section 20-E
- Public interest litigation maintainable for heritage protection
