includes any structure, erection or monument, or any tumulus or place of interment, or any cave, rock-sculpture, inscription or monolith, which is of historical, archaeological or artistic interest.
Remains of an ancient monument
Site of an ancient monument
Such portion of land adjoining the site of an ancient monument as may be required for fencing or covering in or otherwise preserving such monument
The means of access to, and convenient inspection of, an ancient monument
Protected monument : Ancient monument which is declared to be of national importance by or under the Act.
Listed Heritage Buidings: Buildings, artifacts, structures, streets, areas and precincts of historic, architectural, aesthetic, cultural or environmental value
Art. 49 of the Constitution of India.
"Protection of monuments and places and objects of national importance
It shall be the obligation of the State to protect every monument or place or object of artistic or historic interest declared by or under law made by Parliament to be of national importance from spoliation, disfigurement, destruction, removal, disposal or export , as the case may be."
Article 51 A (F) of the Constitution of India.
" It shall be the duty of every citizen of India to value and preserve the rich heritage of our composite culture"
Bengal Regulation XIX of 1810
Madras Regulation VII of 1817
The Ancient Monuments and Archaeological Sites and Remains Act 1958
The Antiquities and Art Treasures Act 1972
No development or redevelopment or engineering operation or additions / alterations, repairs, renovations including painting of the building, replacement of special features or plastering or demolition of any part thereof of the said listed buildings or listed precincts or listed natural feature areas shall be allowed except with the prior permission of Commissioner, Municipal Corporation /Vice Chairman, Development Authority.
The public shall be invited and shall be considered by the Heritage Conservation Committee.
Provided that, only in exceptional cases, for reasons to be recorded in writing, the Commissioner, Municipal Corporation/ Vice Chairman, Development Authority may refer the matter back to the Heritage Conservation Committee for reconsideration.
INCENTIVE USES FOR HERITAGE BUILDINGS
In cases of buildings located in non-commercial use zones included in the Heritage Conservation List, if the owner / owners agree to maintain the listed heritage building as it is in the existing state and to preserve its heritage state with due repairs and the owner / owners / lessees give a written undertaking to that effect, the owner / owners / lessees may be allowed.
with the approval of the Heritage Conservation Committee within permissible use zone to convert part or whole thereof of the non-commercial area within such a heritage building to commercial/office use/hotel . Provided that if the heritage building is not maintained suitably or if the heritage value of the building is spoiled in any manner, the commercial / office / hotel use shall be disallowed.
Madras High Court today restrained the LIC from demolishing a 113-year old building here and directed the state Heritage Conservation Committee (HCC) to recommend to the state government to take steps for notifying buildings listed by it as heritage buildings. The court ruled that the LIC building should not be demolished without complying with the regulation 22 of the Development Control Rules of Chennai Metropolitan Area 2004.
Rajeev Mankotia v. Secretary to President of India & others
Viceragal Lodge at Shimla
renamed as Rashtrapati Niwas, and the second President handed over this building to Indian Institute of Advanced Studies in the year 1964.
The Union Cabinet decided to convert the building into a tourist hotel while purporting to maintain the main part of the building as historical resort.
The Court directed the Central Govt. to notify the entire area of Viceragal Lodge as a protected ancient monument.
The Court directed that as soon as the Indian Institute of Advanced Studies vacates the building and hands it over to the Archaeological Dept., the Govt. should provide the necessary budget for effecting repairs and said that it is also necessary that its proper maintenance and preservation is undertaken as an on going process to protect the historical heritage and needed repairs are effected from time to time.
M.C. Mehta (Taj Trapezium Matter) v. Union of India and others
The degradation of Taj Mahal a monument of international repute was alleged due to environ-mental pollution.
The Court obtained the opinion of expert committee including NEERI (National Environment Engineering Research Institute).
it was found that use of coke/coal by industries situated within the Taj Trapezium zone emitting pollution and causing damage to Taj Mahal as also people living in the area.
Apart from being a cultural heritage, the Taj Mahal is also an industry by itself and therefore, pollution must be stopped while development of the industry must be encouraged.
The court said that 'Sustainable Development' and 'Precautionary Principle' are applicable.
Out of 511 industries, 292 were directed to use natural gas as a substitute for coke/coal. If natural gas as a substitute was not acceptable/available to such industries, they must stop functioning with the aid of coke/coal and may relocate themselves as per directions of the Court.
The Delhi High Court acting on a PIL stopped construction at Zafar Mahal, a protected monument in the Capital. Zafar Mahal, which is also known as Jangi Mahal, is situated adjacent to the dargah of Qutab Saheb and was built by Akbar Shah II.
In the place of "Rang Mahal" of Mughals, a factory has been set up and the waste of the factory is being thrown into the compound of the monument through a waste pipe which has caused immense damage to the foundation and decayed the building.
Another building was coming up just behind the protected monument in violation of the provisions of the Act, as a certain distance was to be maintained between the protected monument and the structure to be constructed.
TOMB OF RAZIA SULTAN
MIRZA GHALIB’S HOUSE
M.C.Mehta v. Archaeological Survey of India
The Supreme Court held that the Tomb of Mirza Ghalib must be conserved and maintained as it is of great importance and the past glory of the structure symbolises a artistic value in itself.
Wasim Ahmed Saeed v. Union of India
The Supreme Court issued certain directions to the Archaeological Survey of India to protect the monuments in the state of Rajasthan mainly the monument of Fatehpur Sikri which is famous for Hazrat Saleem Chishti Shrine, Moghul palace and Buland Darwaza.
INDIA UNITED STATES OF AMERICA Buildings are directly owned and maintained by the Government. However it protects only about 8,000 monuments due to budgetary constraints More than 70,000 properties listed on the National Register, but these are not necessarily owned or maintained by the Federal agencies, but mostly under private ownership and control. Poor level of tourist management as historical sites are not tourism savvy. High level of tourist and visitor interpretation and site management. The historical sites, though not often of as great antiquity as some Indian monuments, but fetch greater economic returns due to tourist savvy mechanisms
INDIA UNITED STATES OF AMERICA Preservation has until recently been relegated as a duty of the government, with little or no public participation. The attitude has therefore been more of a top down approach to preservation. High degree of public volunteerism in preservation as well as local non-profits groups , community projects such as Business Improvement Districts and Main Street Programs. Only few local state governments have so far established heritage commissions to oversee preservation. Similar case of local commissions to oversee preservation, but adopted throughout the country.
“… It is again no question of expediency or feeling whether we shall preserve the buildings of past time or not. We have no right whatever to touch them. They are not ours. They belong partly to those who built them, partly to all the generations of mankind who follow us….” John Ruskin.