NoC poser to construction near monuments

These competentauthorities are senior officials designated by the Centre in each state or UT to oversee compliance with heritage protection laws.
Image used for representational purpose only
Image used for representational purpose onlyPhoto | Express
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NEW DELHI: The National Monument Authority (NMA) has issued strict directions to all states and Union Territories (UTs) prohibiting any unauthorised construction or development within the vicinity of centrally protected monuments unless prior approval has been obtained from the designated Competent Authority (CA).

In a letter addressed to all Principal Secretaries of Urban Development Departments, the NMA underlined that no construction must be permitted in either the prohibited (0–100 metres) or regulated (101–300 metres) zones around monuments without a valid No Objection Certificate (NOC) from the CA. These competentauthorities are senior officials designated by the Centre in each state or UT to oversee compliance with heritage protection laws.

The directive stems from increasing concern over encroachments and illegal constructions near India’s 3,697 centrally protected monuments. The warning comes in the wake of a recent Karnataka High Court order, which restrained the state from allowing any development near protected sites without statutory clearance.

The case involved a petition seeking permission to construct a residential house just 64 metres from the Mangala Devi Temple, a centrally protected monument.

The site fell squarely within the prohibited zone under the Ancient Monuments and Archaeological Sites and Remains (Amendment and Validation) Act, 2010—commonly referred to as the AMASR Act. The High Court directed the Karnataka Urban Development Department to issue a circular barring such permissions.

Under the AMASR Act, any area within 100 metres of a centrally protected monument is considered a prohibited area—where no construction, repair, or development is allowed under any circumstance. The adjoining regulated area, extending up to 300 metres, requires mandatory clearance from the NMA via the CA.

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To tighten enforcement, the NMA has instructed all authorities to ensure accurate distance measurements between construction sites and monument boundaries. These measurements must be verified by the respective circle offices of the Archaeological Survey of India (ASI). In all applicable cases, applicants must apply under Section 20C of the AMASR Act to seek necessary permissions.

“If the site of construction falls within the prohibited or regulated areas, no approval or sanction should be granted unless a valid NOC has been issued by the designated Competent Authority,” the NMA said.

The authority has also urged all states and UTs to issue fresh instructions to Urban Local Bodies (ULBs), Municipal Corporations, and other planning agencies to ensure strict and uniform co pliance with the Act. Parallel instructions have been sent to all CAs to prevent deviation.

Meanwhile, aligning with the Centre’s Ease of Doing Business initiative, the NMA has also mandated that all applications for construction or renovation within these zones be submitted online. The only exception will be for monuments where Colour-Coded Zonal Maps (CCZMs) are still pending finalisation by the ASI.

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