The Hindu 02.05.2013
High Court permits applications for work in Pallavaram
In a move that will be bring relief to residents of
Pallavaram, the Madras High Court, in an interim order, permitted the
competent authorities to receive applications for construction,
renovation or modification of buildings in two survey numbers in the
area.
These areas had been declared as protected
under the Ancient Monuments and Archaeological Sites and Remains
(Amendment and Validation) Act. Any such work in these areas has been
frozen since 2010. The court however said the applications need not be
processed till June 4,
Justice K. Venkataraman passed
the interim order on a writ petition by the Federation of Civic and
Welfare Associations of Pallavaram Municipality. He ordered notice.
The
federation’s vice-president, V. Ramanujam said the petition had been
filed to highlight the hardship faced by residents in and around the
areas under Survey No.63 and 56 of Pallavaram. The Archaeological Survey
of India (ASI) had included 21.77 acres in survey no.63 and 36.15 acres
in the other survey number as a protected area stating that “Megalithic
Cairns and Cists showing clear structural postures” were available
there. Thus, any kind of repair or construction work in 300 metres
around the area of the two survey numbers had been frozen.
Nearly 5,000 houses and 8,000 were affected by this stricture.
Hence,
the residents could not carry out any repair or renovation, water
supply and sewerage works. Whenever an application was made either for
construction, repair or renovation of existing buildings, the municipal
and other authorities directed the applicants to approach the Central
government or the competent authorities under the Act for permission or
No Objection certificate.
Mr. Ramanujam said that
under the Act, only the Central government had the power to declare an
ancient monument to be one of national importance.
In
the absence of a Central notification, the question of protected
monument or protected area would not arise. The notification declaring
the “Megalithic Cairns and Cists showing clear structural postures” as a
protected monument had not been issued. Under such circumstances, the
proceedings of the ASI and CMDA declaring the area as a protected
monument and thereby preventing any construction was arbitrary and
illegal. The impugned action violated the Right to Property, he said.
Since
late 2010, residents had gathered on various occasions to protest the
restrictions on construction activity and had approached both the ASI
and the State government.
Based on ASI communication, the areas were declared protected and any repair and reconstruction work prohibited.