AMASRA: 2.24 Section 20A. Declaration of prohibited area and carrying out public work or other works in prohibited area.

2.24. Declaration of prohibited area and carrying out public work or other works in prohibited area:

Bare Act Provision:

1[PROHIBITED AND REGULATED AREAS

20A. Declaration of prohibited area and carrying out public work or other works in prohibited area.―Every area, beginning at the limit of the protected area or the protected monument, as the case may be, and extending to a distance of one hundred metres in all directions shall be the prohibited area in respect of such protected area or protected monument:

Provided that the Central Government may, on the recommendation of the Authority, by notification in the Official Gazette, specify an area more than one hundred metres to be the prohibited area having regard to the classification of any protected monument or protected area, as the case may be, under section 4A.

(2) Save as otherwise provided in section 20C, no person, other than an archaeological officer, shall carry out any construction in any prohibited area.

(3) In a case where the Central Government or the Director-General, as the case may be, is satisfied that―

(a) it is necessary or expedient for carrying out such public work or any project essential to the public; or

(b) such other work or project, in its opinion, shall not have any substantial adverse impact on the preservation, safety, security of, or, access to, the monument or its immediate surrounding, it or he may, notwithstanding anything contained in sub-section (2), in exceptional cases and having regard to the public interest, by order and for reasons to be recorded in writing, permit, such public work or project essential to the public or other constructions, to be carried out in a prohibited area:

Provided that any area near any protected monument or its adjoining area declared, during the period beginning on or after the 16th day of June, 1992 but ending before the date on which the Ancient Monuments and Archaeological Sites and Remains (Amendment and Validation) Bill, 2010, receives the assent of the President, as a prohibited area in respect of such protected monument, shall be deemed to be the prohibited area declared in respect of that protected monument in accordance with the provisions of this Act and any permission or licence granted by the Central Government or the Director-General, as the case may be, for the construction within the prohibited area on the basis of the recommendation of the Expert Advisory Committee, shall be deemed to have been validly granted in accordance with the provisions of this Act, as if this section had been in force at all material times:

Provided further that nothing contained in the first proviso shall apply to any permission granted, subsequent to the completion of construction or re-construction of any building or structure in any prohibited area in pursuance of the notification of the Government of India in the Department of Culture (Archaeological Survey of India) number S.O. 1764, dated the 16th June, 1992 issued under rule 34 of the Ancient Monuments and Archaeological Sites and Remains Rules, 1959, or, without having obtained the recommendations of the Committee constituted in pursuance of the order of the Government of India number 24/22/2006-M, dated the 20th July, 2006 (subsequently referred to as the Expert Advisory Committee in orders dated the 27th August, 2008 and the 5th May, 2009).]

2[(4) No permission, referred to in sub-section (3), including carrying out any public work or project essential to the public or other constructions, shall be granted in any prohibited area on and after the date on which the Ancient Monuments and Archaeological Sites and Remains (Amendment and Validation) Bill, 2010 receives the assent of the President.]

Footnote:

1. Ins. by Act 10 of 2010, s. 4.

2. Ins. by Act 10 of 2010, s. 5.

2.24.2 Declaration of Prohibited Area:

As per Section 20A(1) of the AMASR Act, every area beginning at the limit of a protected area or protected monument and extending 100 meters in all directions is designated as a prohibited area.[1] The Central Government, on the recommendation of the Authority, may notify an area greater than 100 meters as the prohibited area, considering the classification of the monument or area under Section 4A. This provision establishes a buffer zone around protected monuments or areas to safeguard their historical, cultural, and aesthetic value.

The 100-meter radius is a default protective measure, ensuring no activities disrupt the monument’s integrity or immediate surroundings. The flexibility to extend this radius allows for tailored protection based on the monument’s significance, as determined by an expert authority.[2] The purpose of this provision is to prevent encroachments, unauthorized constructions, or activities that could harm the monument’s preservation or accessibility.

2.24.3 Restriction on Construction:

As per Section 20A(2) of the AMASR Act, except for an archaeological officer, no person is allowed to carry out any construction in the prohibited area, unless permitted under Section 20C. This establishes a strict prohibition on construction to preserve the sanctity and structural integrity of the monument and its surroundings. By limiting construction to archaeological officers who are experts in preservation, the law ensures that only activities aligned with conservation are permitted.[3] The purpose of this provision is to prevent unauthorized or harmful development that could degrade the monument’s environment or obstruct its visibility and accessibility.

2.24.4 Exceptions for Public Works or Other Projects

As per Section 20A(3) of the AMASR Act, the Central Government or the Director-General may permit public works or projects essential to the public or other constructions in exceptional cases, provided:

(a) The work is necessary or expedient for public purposes; e.g. approach road,

(b) The work will not have a substantial adverse impact on the monument’s preservation, safety, security, or access.

Such permissions must be granted by a written order, with recorded reasons, in the public interest. This introduces a balancing mechanism between heritage preservation and public interest. It recognizes that certain public works e.g., infrastructure projects or other constructions may be unavoidable and allows exceptions under strict scrutiny, ensuring minimal impact on the monument. The purpose of this provision is to provide flexibility for essential public projects while maintaining oversight to protect the monument’s integrity.[4]

First Proviso to Subsection (3) provides the Retrospective Validation. As per this proviso any area declared as a prohibited area between June 16, 1992, and the date of the AMASR (Amendment and Validation) Act, 2010 receiving presidential assent is deemed validly declared. Permissions or licenses granted for construction in such areas based on the Expert Advisory Committee’s recommendations are also deemed valid. This is a retrospective validation clause aimed at curing legal irregularities in prior declarations or permissions. It ensures that actions taken before the 2010 amendment are legally protected, preventing challenges to past decisions.

Second Proviso to Subsection (3) provides for Exclusion of Certain Permissions. The retrospective validation does not apply to permissions granted after construction was completed under the notification S.O. 1764 (June 16, 1992) or without the Expert Advisory Committee’s recommendations i.e. post-July 20, 2006 orders. This clause introduces a limitation on retrospective validation, ensuring that permissions granted without proper procedure or after unauthorized construction are not legitimized. It upholds procedural integrity and accountability.

2.24.5 Prohibition on New Permissions Post-2010

As per Section 20A(4) of the AMASR Act, no permissions for public works, essential projects, or other constructions in the prohibited area will be granted after the AMASR (Amendment and Validation) Bill, 2010 receives presidential assent. This establishes a complete ban on new permissions for construction in prohibited areas post-2010, reinforcing the protective framework for monuments. It signals a stricter approach to conservation, prioritizing heritage over development.[5] The purpose of this provision is to strengthen the prohibition on construction, ensuring that no new exceptions undermine the monument’s protection after the 2010 amendment.

Section 20A of the AMASR Act establishes a robust framework for protecting prohibited areas around monuments but is undermined by ambiguities, excessive discretion, and weak enforcement. The provisions aim to balance heritage preservation with public interest but lack clarity in key terms, transparency in decision-making, and mechanisms for compliance.

2.24.6 Interpretation done by Court in various cases:

Section 20-A(1) defines a prohibited area as a 100-meter radius around protected monuments or sites, where construction is generally banned to safeguard heritage integrity. Section 20-A(2) imposes a strict prohibition on construction within this prohibited zone unless explicit permission is obtained under Section 20-C, ensuring unapproved activities cannot proceed. Section 20-A(3) allows the Central Government or Director-General to grant exceptions in “exceptional cases” for public interest projects (e.g., roads, utilities) if they deem the work essential and unlikely to harm the monument’s preservation or access. On 16 June 1992, ASI issued a notification under Rule 32 of the Ancient Monuments and Archaeological Sites and Remains Rules 1959, defining 100 meters around protected monuments as a prohibited area and 200 meters as a regulated area, which laid foundation stone for protected area under this Section.[6]

Section 20-A(2) imposes a prohibition on carrying on construction in any prohibited area but that is subject to Section 20-C. Section 20-A(3) empowers the Central Government or the Director-General to give permission broadly in matters involving public work or projects essential to the public in the public interest. However sub section (4) has stipulated that no permission under sub section (3) can be granted in any prohibited area on and after the date on which the Amended Act 2010 has received the assent of the President. [6]

There is a power vesting in the proviso to sub-section (1) in the Central Government to specify an area more than 100 meters to be prohibited area having regard to the classification of any protected monument as the case may be under Section 4A.[7]

Although there is restriction on the use of land covered under protected area, there no provision in AMASRA which compels ASI or the Government to acquire the area governed by Section 20A(1).[7]

References:

[1] FAQ, NMA Online Application & Processing System, available at https://nmanoc.nic.in/home/faq, Last visited on 17.07.2025

[2] “Interpreting the relevance of Prohibited and Regulated Areas: The case of Protected Monuments of Delhi”, Anindita Dey, Ram Sateesh Pasupuleti, Chapter 4, ICCAUA 2024.

[3] “Restriction on construction near monuments”, Press Information Bureau, Dt. 20.04.2015, available at https://www.pib.gov.in/newsite/PrintRelease.aspx?relid=118383, Last visited on 23.07.2025

[4] “Report of the Select Committee on The Ancient Monuments and Archaeological Sites and Remains (Amendment) Bill, 2018”, Rajya Sabha Secretariat, New Delhi, February, 2019/Magha, 1940 (Saka)

[5] Working Group Report on Improving Heritage Management in India, Niti Aayog, 2019

[6] Parisar Sanrakshan Sanwardhan Sanstha vs Pune Municipal Corporation [(2013) 6 ALLMR 161 (BOM)]

[7] Thakur Rangji Maharaj Virajman Mandir, Vrindavan vs Union Of India Thr. Its Secretary & Ors., Supreme Court, Dt. 20 March, 2025 Civil Appeal No.10737/2013