AMASRA: 2.27 Section 20D. Grant of permission by competent authority within regulated area.

2.27 Section 20D:

2.27.1 Bare Act Provision:

1GRANT OF PERMISSION BY COMPETENT AUTHORITY

20D. Grant of permission by competent authority within regulated area.―(1) Every application for grant of permission under section 20C of this Act shall be made to the competent authority in such manner as may be prescribed.

(2) The competent authority shall, within fifteen days of the receipt of the application, forward the same to the Authority to consider and intimate impact of such construction (including the impact of large-scale development project, public project and project essential to the public) having regard to the heritage bye-laws relating to the concerned protected monument or protected area, as the case may be:

Provided that the Central Government may prescribe the category of applications in respect of which the permission may be granted under this sub-section and the application which shall be referred to the Authority for its recommendations.

(3) The Authority shall, within two months from the date of receipt of application under sub-section (2), intimate to the competent authority impact of such construction (including the impact of large-scale development project, public project and project essential to the public).

(4) The competent authority shall, within one month of the receipt of intimation from the Authority under sub-section (3), either grant permission or refuse the same as so recommended by the Authority.

(5) The recommendations of the Authority shall be final.

(6) In case the competent authority refuses to grant permission under this section, it shall, by order in writing, after giving an opportunity to the concerned person, intimate such refusal within three months from the date of receipt of the application to the applicant, the Central Government and the Authority.

(7) If the competent authority, after grant of the permission under sub-section (4) and during the carrying out of the repair or renovation work or re-construction of building or construction referred to in that sub-section, is of the opinion (on the basis of material in his possession or otherwise) that such repair or renovation work or re-construction of building or construction is likely to have an adverse impact on the preservation, safety, security or access to the monument considerably, it may refer the same to the Authority for its recommendations and if so recommended, withdraw the permission granted under sub-section (4) if so required:

Provided that the competent authority may, in exceptional cases, with the approval of the Authority grant permission to the applicant referred to in sub-section (2) of section 20C until the heritage bye-laws have been prepared under sub-section (1) of section 20E and published under sub-section (7) of that section.

(8) The Central Government, or the Director-General, as the case may be, shall exhibit, on their website, all the permissions granted or refused under this Act.

Footnote:

1. Ins. by Act 10 of 2010, (w.e.f. 16-6-1992).

The Ancient Monuments and Archaeological Sites and Remains (AMASR) Act is a law in Bharat that protects ancient monuments, archaeological sites, and their surrounding areas. Section 20D of this Act outlines the process for obtaining permission from a competent authority to carry out construction, repair, or renovation activities within a regulated area around protected monuments or sites.

2.27.2 Application for to carry out work of construction, repair or renovation:

As per Section 20D(1) of the AMASR Act, anyone who wants to carry out construction, repair, or renovation in a regulated area, i.e. area around the protected monument, must submit an application to the competent authority.[1] The application must follow the specific format and procedure set by the government. This provision establishes a formal process for regulating activities near protected monuments to ensure they do not harm the monument’s heritage value. It centralizes authority and ensures that all requests are properly documented and reviewed to protect cultural heritage.

2.27.3 Impact assessment:

As per Section 20D(2) of the AMASR Act, once the competent authority receives an application, they must send it to the National Monuments Authority within 15 days. NMA evaluates how the proposed construction, including large projects or public projects, might affect the monument or area, based on heritage bye-laws i.e. rules specific to protecting the monument. The Central Government can decide which types of applications can be directly approved by the competent authority and which ones need the Authority’s input.[2] This provision ensures that the impact of construction is thoroughly assessed by experts i.e. NMA to prevent harm to protected monuments. It balances efficiency, i.e. quick forwarding within 15 days, with expert oversight, while allowing the Central Government flexibility to categorize applications for streamlined processing.

2.27.4 Review of Application by NMA:

As per Section 20D(3) of the AMASR Act, the NMA has two months to review the application and inform the competent authority about the potential impact of the proposed construction, including large-scale or public projects, on the monument or area.[3] This provision ensures that the NMA conducts a timely and detailed assessment of the construction’s impact, prioritizing the protection of heritage while allowing for reasonable processing time. It reinforces the role of the Authority as the expert body responsible for safeguarding monuments.

2.27.5 Grant or refusal of permission:

As per Section 20D(4) of the AMASR Act, after receiving the NMA’s assessment, the competent authority has one month to either approve or deny the application based on the NMA’s recommendations.[4] This provision ensures that the competent authority acts promptly on the NMA’s expert recommendations, maintaining efficiency in the decision-making process while adhering to expert advice to protect heritage sites.

2.27.6 Finality of NMA’s recommendations:

As per Section 20D(5) of the AMASR Act, the NMA’s recommendations cannot be challenged or changed by the competent authority. Their decision on the impact of the construction is final. This provision gives ultimate authority to the National Monuments Authority, ensuring that decisions about heritage protection are made by experts and are not overridden by local or administrative pressures. It strengthens the protection of monuments by prioritizing expert judgment.

2.27.7 Explanation of refusal:

As per Section 20D(6) of the AMASR Act, if the competent authority denies permission, they must issue a written order explaining the refusal. They must also give the applicant a chance to present their case before finalizing the decision. The refusal must be communicated to the applicant, the Central Government, and the NMA within three months of receiving the application. This provision ensures transparency and fairness in the decision-making process. By requiring a written explanation and an opportunity for the applicant to be heard, it upholds principles of natural justice. It also ensures accountability by notifying higher authorities i.e. Central Government and NMA.

2.27.8 Reassessment after grant of permission:

As per Section 20D(7) of the AMASR Act, if, after granting permission, the competent authority believes the ongoing work is harming the monument’s preservation, safety, security, or access, they can ask the NMA to reassess. If the NMA recommends it, the competent authority can cancel the permission. Additionally, in rare cases, the competent authority can grant permission even if heritage bye-laws are not yet finalized. This provision allows for ongoing monitoring and flexibility to revoke permissions if new evidence shows harm to the monument, ensuring continuous protection. The proviso allows limited exceptions to accommodate urgent or exceptional cases, but only with the Authority’s approval, maintaining oversight.

2.27.9 Public display of the decisions:

As per Section 20D(8) of the AMASR Act, all decisions i.e. approvals or refusals, made under this Act must be publicly displayed on the website of the Central Government or the Director-General of the Archaeological Survey of India. This provision promotes transparency and public accountability by making all decisions accessible to the public. It ensures that the process is open and can be scrutinized, reducing the risk of arbitrary or corrupt decisions.

Section 20D of the AMASR Act establishes a structured process to regulate activities in regulated areas around protected monuments in Bharat, emphasizing expert oversight, transparency, and heritage protection. However, its implementation faces challenges due to ambiguous terms, tight timelines, subjective provisions, and lack of enforcement mechanisms. Addressing these loopholes through clearer guidelines, robust monitoring, public participation, and adequate resources would strengthen the section’s effectiveness in safeguarding Bharat’s cultural heritage.

References:

[1] Ref.No.CA/28/2024/NMA-МОС, Council for Architecture, Dt. 4.10.2024, available at https://www.coa.gov.in/showfile.php?lang=1&level=1&sublinkid=1463&lid=1349, Last visited on 24/07/2025

[2] Office Memorandum, National Monument Authority, Dt. 23/08/2022

[3] Conservation and Audit of Heritage Buildings, Central Public Works Department, September 2019

[4] “NMA makes online application mandatory for construction near protected monuments from July 1”, The New Indian Express, Dt. 4.07.2025, available at https://www.newindianexpress.com/nation/2025/Jul/04/nma-makes-online-application-mandatory-for-construction-near-protected-monuments-from-july-1#:~:text=NMA%20makes%20online%20application%20mandatory,of%20India%20(ASI)%20yet., Last visited on 30.07.2025