Enforcement of the Ancient Monuments and Archaeological Sites and Remains (Amendment and Validation) Act, 2010 three years ago has impacted Delhiites in unforeseen ways. While Israni's neighbours on the road - whose plots also lie within 100 metres of the Sarai Shahji monument - built spacious homes before the amended law came into force, for him building a house now is a near-impossible task.
Curbs on construction within 100 metres of monuments were first imposed when the ASI Act was framed in 1992, but permissions continued to be granted case by case. However, the 2010 amendment and the formation of the National Monuments Authority ( NMA) following a Delhi high court direction, has led to a blanket ban on construction within 100 metres of monuments and strict regulations for development in a zone of 100-300 metres.
For thousands of Delhiites whose land or house lies within 300 metres of the city's 174 protected monuments, the change marked the beginning of a new struggle. "We have been running from pillar to post for the last three years to get an NOC to construct a house on our empty plot in Shivalik. But the state competent authority tells us that an NOC is not possible because the house is 60 metres away from an ASI monument. Were the distance measured from the monument itself, we would be 180 metres away but ASI has also notified the vacant land in front of Sarai Shahji, so the distance is being measured from the edge of the main road,'' said Rishi Narang, Israni's son-in-law. In north Delhi, where monuments are aplenty, residents are similarly affected. "I bought a plot in Rajpur Daravni in 1998. Had I known the ASI rules, I would not have invested here. I learnt that my plot is in the prohibited zone of Tripolia Gateway only when I applied to MCD for permission to build a house in 2000. I have written to the culture ministry and the ASI director general for months, to no avail. It's unfair, so many people have built elaborate houses close to the monument. Did anyone check whether rules were violated then,'' said Nitin Aggarwal, a plot owner.
Delhi has hundreds of monuments located in the midst of residential colonies, mostly in south and central Delhi. In areas like Gulmohar Park, Safdarjung Enclave, Hauz Khas, South Extension, Mehrauli, Saket, Malviya Nagar, Rana Pratap Bagh and Nizamuddin, the amended law has hit hard. People who built homes or bought plots much before the ASI act came into force in 1992 say the curbs are a travesty of justice. "I can't move a brick in my single storey house that was built in 1969. Some of my family members have medical problems and I need to build a second floor, but because my house lies 97 metres from the boundary of Biran ka Gumbad, I cannot construct anything. Had ASI measured the distance from the base of the monument, I would have been spared,'' said Dr Sushman Bhatnagar from Green Park.
Residents of South Extension I and II say the law has lowered property rates as the area is dotted with protected monuments such as Masjid Moth, Kale Khan ka Gumbad, and tombs of Bade Khan and Chhote Khan. Empty and unsecured plots near these densely populated colonies have become slums. Some owners have raised walls around their empty plots as they await relief in the law.
"Almost 90% of South Extension-I lies in the prohibited area. Plots worth crores are lying vacant because owners cannot build houses. There are cracks in the facade of some homes. Meanwhile, ASI is not taking care of its monuments-they are dilapidated, encroached and neglected,'' said Ankush Vohra, president of South Extension I residents welfare association.
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