2.13 Power to make order prohibiting contravention of agreement under section 6
2.13.1 Bare Act Provision:
10. Power to make order prohibiting contravention of agreement under section 6.―(1) If the Director-General apprehends that the owner or occupier of a protected monument intends to destroy, remove, alter, deface, imperil or misuse the monument or to build on or near the site thereof in contravention of the terms of an agreement under section 6, the Director-General may, after giving the owner or occupier an opportunity of making a representation in writing, make an order prohibiting any such contravention of the agreement:
Provided that no such opportunity may be given in any case where the Director-General, for reasons to be recorded, is satisfied that it is not expedient or practicable to do so.
(2) Any person aggrieved by an order under this section may appeal to the Central Government within such time and in such manner as may be prescribed and the decision of the Central Government shall be final.
2.13.2 Power of Director-General to Prohibit Contravention
Sub-section (1) of the AMASR Act provides for Power of Director-General to Prohibit Contravention. This sub-section empowers the Director-General to issue an order prohibiting the owner or occupier of a protected monument from actions like destroying, removing, altering, defacing, imperiling, or misusing the monument, or building on or near its site, if these actions violate an agreement made under Section 6. Before issuing such an order, the Director-General must give the owner or occupier a chance to submit a written representation, ensuring a fair process.
The doctrine here is Audi Alteram Partem means hear the other side, a principle of natural justice that mandates giving the affected party an opportunity to be heard before any adverse action is taken. This ensures fairness and prevents arbitrary decisions.
2.13.3 Exception to Providing Opportunity
Proviso to Sub-section (1) provides for Exception to Providing Opportunity. The proviso allows the Director-General to bypass the requirement of giving the owner or occupier an opportunity to make a representation if the Director-General believes it is not expedient or practicable to do so. The reasons for this decision must be recorded in writing.
The doctrine here is Administrative Discretion tempered by the requirement to record reasons, ensuring transparency and accountability in bypassing natural justice principles. It balances urgency with fairness by mandating justification for skipping the hearing process.
2.13.4 Right to Appeal:
Sub-section (2) of Section 10 of the AMASR Act provides for Right to Appeal. This sub-section grants any person aggrieved by the Director-General’s order under Sub-section (1) the right to appeal to the Central Government. The appeal must be filed within a prescribed time and in a prescribed manner, and the Central Government’s decision on the appeal is final.
The doctrine here is Right to Redressal, ensuring that individuals affected by administrative decisions have access to a higher authority for review, promoting fairness and accountability in administrative actions.
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