ASI unable to evict squatters around protected monuments

The Archaeological Survey of India (ASI) has identified 123 encroachments or illegal constructions in prohibited areas and 113 in restricted areas around protected monuments this year.

Bipin Chandra Negi, Superintending Archeologist, ASI (Bengaluru Circle), said that while they managed to prevent encroachments on monuments, those in prohibited and restricted areas kept popping up. “None of the monuments in our jurisdiction has been encroached upon. But hundreds of illegal structures in the vicinity have been identified and served notices,” he said.

While the authorities maintained that eviction notices were issued, sources in the agency said hardly any encroachments were removed and officials were unable to take drastic steps.

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“Circle officers can only issue eviction and show-cause notices and have no authority to issue demolition notices. In many cases, the local police also don't register FIR citing various reasons. What’s more, many encroachers do not respond to notices. We end up writing to the regional office and the process gets stuck there,” a senior official said.

According to an amendment introduced in 2010 to the Ancient Monuments and Archaeological Sites and Remains Act, 1958, a 100-metre radius of the monument is marked as the prohibited area and the next 300-metre radius is deemed to be the restricted area. Any constructions in these areas have to be approved by the National Monument Authority.

Pointing out that the strict implementation of the no-construction policy came only after the amendment, another official working on the ground said that awareness among the public was low.

“Many of them do not realise that they need special approvals for construction because their property falls within the prohibited zone. People residing around monuments are unaware of the laws and get into a tussle with officials when they try to evict them,” the official said.

Experts in the field of conservation and archaeology say every monument and the surrounding encroachments have to be dealt with specifically. A blanket rule does not do justice to the monument or to the public.

“Each monument is unique. There are monuments in whose vicinity settlements have existed since time immemorial. It is illogical to remove settlements from every monument irrespective of its history,” said Meera Iyer, Convenor of INTACH, Bengaluru Chapter.

She suggested that the authorities instead prepare specific guidelines for every monument.

Senior officials from the ASI also called for policy-level interventions.

“There are cases where a few structures in these zones do not have a serious impact on the monument. There is a need to strike a balance between the livelihoods of those residing close to the monuments and the preservation of the monuments. We have learnt that the Union government is working on an amendment to the AMASR Act and we hope it considers such on-ground problems,” an official said.