AMASRA: 2.22 Section 19. Restrictions on enjoyment of property rights in protected areas.

2.22 Restrictions on enjoyment of property rights in protected areas:

2.22.1 Bare Act Provision:

PROTECTED AREAS

19. Restrictions on enjoyment of property rights in protected areas.―(1) No person, including the owner or occupier of a protected area, shall construct any building within the protected area or carry on any mining, quarrying, excavating, blasting or any operation of a like nature in such area, or utilise such area or any part thereof in any other manner without the permission of the Central Government:

Provided that nothing in this sub-section shall be deemed to prohibit the use of any such area or part thereof for purposes of cultivation if such cultivation does not involve the digging of not more than one foot of soil from the surface.

(2) The Central Government may, by order, direct that any building constructed by any person within a protected area in contravention of the provisions of sub-section (1) shall be removed within a specified period and, if the person refuses or fails to comply with the order, the Collector may cause the building to be removed and the person shall be liable to pay the cost of such removal.

2.22.2 Restrictions on Activities in Protected Areas

Section 19(1) prohibits any person, including the owner or occupier of a protected area, from undertaking activities such as constructing buildings, mining, quarrying, excavating, blasting, or similar operations in a protected area without permission from the Central Government. A protected area refers to a designated archaeological site or monument under the AMASR Act. The restriction applies to all individuals, regardless of their ownership status, ensuring that activities that could damage or alter the historical or archaeological value of the site are controlled.[1]

The proviso of the sub-section allows cultivation in the protected area, provided it does not involve digging deeper than one foot from the surface. This exception permits limited agricultural activity to balance the livelihood needs of local communities with the preservation of the site.

The doctrine underlying this clause is the protection of cultural heritage and archaeological sites in the public interest. It prioritizes the preservation of Bharat’s historical and cultural legacy over unrestricted property rights. The requirement of Central Government permission reflects the doctrine of state sovereignty over nationally significant sites, ensuring centralized oversight to prevent misuse or damage.

2.22.3 Removal of Unauthorized Constructions

Section 19(2) empowers the Central Government to order the removal of any building constructed in violation of Section 19(1) within a specified period. If the person fails to comply, the Collector can remove the building, and the violator must bear the cost of removal. This ensures enforcement of restrictions and holds violators financially accountable.

The doctrine here is ensuring compliance with legal restrictions through state intervention. It establishes a mechanism to rectify violations and deter future non-compliance. By mandating the violator to pay for removal costs, the clause aligns with the principle of restorative justice, ensuring that the offender bears the financial burden of correcting the damage.

Thus Section 19 prioritizes heritage preservation over individual property rights, which is essential for protecting Bharat’s cultural legacy. However, the lack of clarity in certain words, processes, and enforcement mechanisms creates room for legal disputes and inconsistent application.

Reference:

[1] “Monumnets”, https://asi.nic.in/pages/Monuments for dates look into main document.