Remove All Encroachments From Monuments & Archaeological Sites Within 3 Months: Uttarakhand HC [Read Order]

The Uttarakhand High Court has directed the State to remove all encroachments from ancient monuments and archaeological sites in the State within a period of three months.

The Bench comprising Acting Chief Justice Rajiv Sharma and Justice Lok Pal Singh also directed the competent authority under the Ancient Monuments and Archaeological Sites and Remains Act, 1958 to frame Heritage Bye-laws in consultation with the Indian National Trust for Arts and Cultural Heritage for each protected monument and protected area in the state within six months.

The Court was hearing a petition filed by social worker Mr. Anil Kumar Maheshwari, demanding that encroachments be removed from ancient monuments and archaeological sites in the town of Kashipur. The petition specifically pertained to the sites of Drona Sagar, Chaiti Temple of Mata Baal Sundari Devi, Bhagwan Moteshwar Maharaj Temple, Govishana Mount and the ramparts of an old fort in the town.

Examining the averments before it, the Court took note of the Ancient Monuments and Archaeological Sites and Remains Act, 1958, which provides for preservation of ancient and historical monuments and archaeological sites and remains of national importance.

It then noted that Heritage Bye-laws had not been prepared so far for the prohibited area or regulated area of each protected monument and protected area, under the Second Schedule as per the Ancient Monuments and Archaeological Sites and Remains (Framing of Heritage Bye-laws and other Functions of the Competent Authority) Rules in the State of Uttarakhand.

“It was the duty cast upon the Competent Authority to frame bye-laws in respect of prohibited area or regulated area in consultation with the Indian National Trust for Arts and Cultural Heritage,” it opined.

The Court then disposed of the petition with the following directions:

1. The respondent nos.1 to 7 are directed to remove all the encroachments and unauthorized constructions from the prohibited area/regulated area near the ancient monuments and archaeological sites falling in the State of Uttarakhand within a period of three months from today in accordance with law.


2. The Competent Authority under the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (as amended), through the Director General, Archaeological Survey of India is directed to frame Heritage Bye-laws in consultation with the Indian National Trust for Arts and Cultural Heritage for each protected monument and protected area as per the parameters specified in the Second Schedule in the State of Uttarakhand within six months from today. The heritage bye-laws shall include use of building material, façade, roofing, pattern, colour, height, built-up area, usage, stilt parking, underground construction, drainage systems, roads and service infrastructure. The competent authority while preparing the heritage bye-laws shall place the same before the National Monuments Authority constituted under Section 20F of the Act of 1958.


3. The respondent no.3- Archaeological Survey of India is directed to consider inclusion of entire area of Drona Sagar, Chaiti Temple of Mata Baal Sundari Devi and Bhagwan Moteshwar Maharaj Temple under its supervision and control.


4. The Central Government is further directed to issue final notification for declaration of Govisana Mound at Kashipur as site for national importance under Section 4 of the Act of 1958 within two months from today.

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