Section 18 in Delhi Ancient and Historical Monuments and Archaeological Sites and Remains Act, 2004
18. Preservation amenities of protected monuments.
(1)If the Government is of opinion that for the purpose of preserving the reasonable amenities of any protected monument, it is necessary so to do, the Government may, subject to the provisions of this section, by notification in the official Gazette, in respect of any area comprising or adjacent to the site of such monument, specified in such notification (hereinafter referred to as "the controlled area") -(a)prohibit or restrict the construction, erection or execution of building, structure and other work within the controlled area, or the alteration or extension of any such building, structure, or work in such manner as to materially affect their external appearance;(b)prescribe the position, height, site, materials, colour and screening and otherwise regulate the external appearance of buildings, structures and other work within the controlled area;(c)require any local authority -(i)to construct any approach road to any protected monument; or(ii)to demolish any public convenience vesting in it, that is to say, a latrine, urinal, dustbin, rubbish dump and the like, located close to or in the vicinity of any protected monument;(d)otherwise restrict the use of the land within the controlled area;(e)otherwise restrict the use of the land within the controlled area to such extent as is necessary for the purpose of preserving the reasonable amenities of the protected monument; and(f)provide for such matters as appear to the Government to be incidental to or consequential on the foregoing provisions of this section, or to be necessary for giving effect to those provisions.(2)Not less than forty five days before issuing a notification under subsection (1), the Government shall cause to be published in the official Gazette, in the controlled area, and in the village and at the headquarters of the Tehsil in which the controlled area is situated, a notification to the effect that those who wish to make any objection to the issue of such a notification under sub-section (1), may submit their objections in writing to the Government or appear before any officer duly authorized in that behalf, to hear objections on behalf of the Government, within one month of the publication of the notification in the official Gazette or within fifteen days from the date of the publication of the notification in the controlled area, whichever period expires later.(3)If on the expiration of the time-limits allowed by sub-section (2) for the filing of objections, no objection has been made, the Government shall proceed at once to issue the notification under sub-section (1) but if any objection has been made, the Government may, after such objection has been considered or heard, as the case may be, either-(a)abandon the proposal to issue the notification under sub-section (1); or(b)issue the notification under sub-section (1) with such modification, if any, as it thinks fit.(4)The decision of the Government on the question of issuing the notification under sub-section (1) shall be final and conclusive.(5)Nothing contained in any notification under sub-section (1) shall affect any building, structure or other work or any alteration or extension thereof, if it was constructed, erected or executed before the date when notice of intention to issue such a notification was given under sub-section (2), and for the purpose of this provision, a building, structure, or other work and any alteration on extension thereof shall be deemed to have been constructed, erected or executed before that date -(a)if its construction, erection or execution was begun before that date; or(b)if, and so far as, its construction, erection, or execution was necessary for the purpose of performing a contract made before that date.(6)Any person whose property is injuriously affected by the coming into force of a notification under sub-section (1) shall, subject to the provisions of section 31, be entitled to obtain compensation in respect thereof from the Government.
