Karnataka HC upholds constitutional validity of law on ‘prohibited’ and ‘regulated’ areas around ancient monuments

The High Court of Karnataka. | Photo Credit: File photo

The High Court of Karnataka has upheld the constitutional validity of the provisions of the Ancient Monuments and Archaeological Sites and Remains Act, 1958, as amended in 2010, imposing restrictions on new constructions within the “prohibited” area — 100-metre radius of the monument — with retrospective effect.

The court ruled that the restrictions imposed through Sections 20A, 20B, and 20C in “prohibited” and “regulated” areas, which extend up to a 200-metre radius from the protected monuments, are constitutionally valid and do not infringe upon citizens’ fundamental rights.

Fresh survey

Justice M.G.S. Kamal passed the order while partly allowing the petition filed by B.R. Ramakrishna, a resident of Madhugiri town in Tumakuru district. However, the court directed the authorities to conduct a fresh survey to determine whether his property falls within the “prohibited” or “regulated” area around the Madhugiri Fort.