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3. The first respondent has filed a counter affidavit stating that the communique were issued to the 4th respondent to regulate the construction activities in the prohibited and regulated areas of national monument Sri Dhenupuriswara Temple in Madambakkam in accordance with the provisions of the National Monuments and Archaeological Sites and Remains (Amendment and Validation) Act, 2010 (hereinafter called as AMASR Act).

4. It is further stated that the President of Madambakkam Town Panchayat, vide her letter, dated 18.07.2011 reported that an approval is being accorded for construction activities in the prohibited area in Survey Nos.577, 578 and 581 and requested the first respondent to take suitable action in the matter of maintaining environment of the national monument, by not allowing such unauthorised construction activities and unauthorised approvals. Hence, in the interest of public, and in order not to get them affected by illegal approval of layouts and construction plans and further to protect the environment of national monuments, the respondents 1 to 3 requested the 4th respondent to not to accord permission for any approval of lay out in the prohibited or regulated area.

5. It is further stated that the petitioner as well as the other layout promoters have to abide the provisions of AMASR Act without giving any room for illegal construction activity. Only because of some illegal approvals of layouts in that area, around the national monument Sri Dhenupuriswara Temple, Madambakkam, the President of the Village requested the office to stop the same. Layouts are made with a view to commence construction activity, when such layouts are made in an unscrupulous manner, the respondent Department has a duty to stop the same by cautioning the Executive Officer of the Panchyat. Unless the localbody monitors, it is very difficult to implement the provisions of the AMASR Act and construction activity will go unchecked from the national monument and sites in Tamil Nadu.

6. The learned counsel for the petitioner submitted that the provisions of the AMASR Act would apply only for the construction / repair / re-construction of buildings in the prohibited and regulated area and it would not apply at the time of approving the layout. It is further contended that the respondents have no authority to issue the impugned letters.

7. Per contra, the learned Assistant Solicitor General of India, has submitted that the layouts are being formed only for putting up residential construction and once the approval is given, the general public purchase the plots with a hope to construct house and at that time they are not informed, whether the layouts are formed in the prohibited or regulated area. So, only to protect the interest of the general public, this impugned letters have been issued and if the petitioner satisfies the provisions of the AMASR Act, the official respondents would give NOC and in that event the petitioner cannot have any grievance.

8. Heard the learned counsel for the petitioner, the learned Assistant Solicitor General of India for the respondents 1 to 3 and the learned counsel for the 4th respondent and perused the materials available on record.

9. The main contention of the learned counsel for the petitioner is that the letters are contrary to the provisions of the AMASR Act and the respondents have no authority to issue such letters.

10. It is not in dispute that as per the provisions of the AMASR Act, construction activity within 100 metres of the national monument is prohibited and construction activities can be done with a permission of the authorities within the distance of 100 to 300 metres. It is not the case of the respondents that statute mandates the promoters to obtain NOC, but the circulars have been issued only to protect the interest of the general public.