AMASRA: 2.16 Section 13. Acquisition of protected monuments.

2.16 Acquisition of protected monuments:

2.16.1 Bare Act Provision:

13. Acquisition of protected monuments.―If the Central Government apprehends that a protected monument is in danger of being destroyed, injured, misused, or allowed to fall into decay, it may acquire the protected monument under the provisions of the Land Acquisition Act, 1894 (1 of 1894), as if the maintenance of the protected monument were a public purpose within the meaning of that Act.

2.16.2 Interpretation and Analysis:

Section 13 of the AMASR Act, 1958, empowers the Central Government to acquire a protected monument if it is at risk of destruction, damage, misuse, or decay.[1] The acquisition is carried out under the provisions of the Land Acquisition Act, 1894, by treating the maintenance of the monument as a “public purpose.” This ensures the government can take control of endangered monuments to preserve Bharat’s cultural heritage.

Doctrine of Eminent Domain for Public Purpose is the backbone of this provision. The doctrine balances individual property rights with the collective interest in preserving Bharat’s historical and cultural assets, ensuring monuments are safeguarded for future generations. Section 13 is a vital tool for monument preservation.

Section 13 references the Land Acquisition Act, 1894, which was largely replaced by the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (LARR Act). The 1894 Act has outdated procedures and compensation norms, which may conflict with modern legal standards. Using an obsolete law creates legal uncertainty, especially since the LARR Act requires social impact assessments and higher compensation, which Section 13 does not address. This could lead to challenges in court or inadequate compensation for owners. The AMASR Act should be amended to reference the LARR Act, 2013, or clarify how acquisition aligns with current land acquisition laws.

Section 13 of the AMASR Act, 1958, is a crucial provision for protecting Bharat’s cultural heritage by allowing the Central Government to acquire endangered monuments under the doctrine of eminent domain. However, its reliance on the outdated Land Acquisition Act, 1894, vague criteria for “apprehension,” lack of notification or appeal mechanisms, and absence of alternatives to full acquisition create significant loopholes. These gaps could lead to arbitrary enforcement, legal challenges, or inadequate protection of monuments. Amending the section to align with modern land acquisition laws, clarify criteria, mandate transparency, and provide alternatives would strengthen its effectiveness and ensure a fair balance between public interest and private property rights.

Reference:

[1] “Frequently Asked Questions”, Ministry of Culture, available at https://asi.nic.in/HQ/faq/, Last visited on 18.07.2025