Mr. Bharat owns a house near a protected monument in South Delhi. He wants it to be reconstructed as it is in a dilapidated condition. He is looking for a good lawyer to seek permission to get his own house renovated.
Buildings come up around the sprawling Gulbarg fort in Kalaburagi. Social activists have taken up this issue with the Director-General ASI (Archaeological survey of India). Construction work has been stopped till further notice.
Guess what’s wrong with these developments?
These are built around historical monuments in the regulated zones which are covered by a specialized set of rules that aim to protect and preserve the cultural heritage.
As an investor, you should be aware of these zones and the specialized regulations covering them because you may unknowingly contravene these which can cost you a bunch of money and time.
Historic Districts: Zoning & Regulations
The historic district is that section of a state which contains buildings, properties, and sites that are considered valuable & are protected for historical & architectural reasons. They reflect our unparalleled & rich cultural heritage.
Zoning regulations specify whether a piece of land around a historical monument can be used for carrying out any residential, commercial or industrial activity.
The act of preserving our rich cultural heritage dates back to 14th century AD. Later during British rule, Bengal regulation (XIX) & Madras regulation (VII) were passed which vested the government with the power to intervene whenever historical monuments were under threat of encroachment. In 1861, The Archaeologic
As per this act, the prohibited & regulated zone extends up to 200m around a protected monument. Any development/rede
As per the provisions laid down under the Ancient Monuments and Archaeological Sites and Remains Act, any construction or redevelopment or renovation carried out in prohibited area without obtaining prior permission from the Director-General will be considered unauthorized & illegal. Violation of any regulation will lead to the penalty of two-year imprisonment and fine of rupee one lakh or both.
To sum up, rehabbing in a historical district or owning a property in a historical precinct is not as same as owning a property in a non-historic area & comes up with various terms and conditions. A bit of carelessness and ignorance may lead you into a big trouble.
This article was first published in the March 2017 edition of The Address