2.23 Power to acquire a protected area:
2.23.1 Bare Act Provision:
20. Power to acquire a protected area.―If the Central Government is of opinion that any protected area contains an ancient monument or antiquities of national interest and value, it may acquire such area under the provisions of the Land Acquisition Act, 1894 (1 of 1894), as if the acquisition were for a public purpose within the meaning of that Act.
2.23.2 Interpretation of Section 20:
Section 20 grants the Central Government the authority to acquire a “protected area” as defined under the AMASR Act if it believes the area contains an ancient monument or antiquities deemed to be of national interest and value.[1] The acquisition process is governed by the Land Acquisition Act, 1894, and the purpose of acquiring such land is treated as a “public purpose” under that Act. The decision to acquire the land rests on the subjective judgment of the Central Government. It must form an opinion that the area contains significant historical or archaeological assets.
Section 20 is rooted in the doctrine of eminent domain, which allows the state to acquire private property for public use, provided fair compensation is paid. Here, the “public purpose” is the preservation of cultural heritage through the acquisition of protected areas containing ancient monuments or antiquities. The doctrine balances individual property rights with the state’s responsibility to protect assets of national importance. While Section 20 serves an important purpose, its broad wording and reliance on the outdated Land Acquisition Act, 1894, create potential legal loopholes and challenges.
The reference to an outdated law creates legal ambiguity. The 1894 Act had limited provisions for fair compensation, rehabilitation, or transparency compared to the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, which emphasizes consent, social impact assessments, and adequate compensation. The AMASR Act has not been updated to align with the 2013 Act, potentially leading to conflicts in implementation. For instance, landowners may demand protections under the 2013 Act, but the government might apply the older framework, causing disputes. Amending Section 20 to reference the 2013 Act would ensure consistency and fairness.
Section 20 of the AMASR Act, 1958, is a crucial provision for preserving Bharat’s cultural heritage by allowing the Central Government to acquire protected areas with ancient monuments or antiquities. Its reliance on the doctrine of eminent domain underscores the state’s authority to prioritize national interest over private property rights. However, the section’s broad language, lack of transparency, and reliance on the outdated Land Acquisition Act, 1894, create significant legal loopholes. These include subjective decision-making, inadequate compensation, lack of public participation, and potential overreach. Updating the section to align with the 2013 Act, and introducing safeguards like objective criteria, public consultation, and proportionality would enhance its fairness and effectiveness while minimizing legal disputes.
Reference
[1] “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)
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