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28. The subsequent issuance of notice dated 8th November 2005 for breaches was consequent upon an inspection undertaken of the premises in question by the L&DO on 26th October 2005. From the counter affidavit, it appears that prior to this some time in February 2003, the Ministry of Tourism and Culture, Government of India as well as the Director General of the ASI had informed the L&DO that the land surrounding the protected monuments, i.e. Bada Batashewala and Chota Batashewalal, which was leased out to the Petitioner was being used for commercial purposes in violation of the lease conditions. The ASI had drawn up a plan for development of the entire land surrounding Humayun‟s Tomb. The ASI proposed that lease of the Petitioner be cancelled and the land be transferred to the ASI for care and maintenance and for development as a world heritage site in an integrated and aesthetic manner. The ASI requested the MoUD for transfer of the land measuring 9.86 acres to them in accordance with the provisions of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 („AMASR Act‟). Further, by virtue of two notifications, dated 16th June 1992 and 4th July 1992, no construction activities could be carried out within the prohibited area of 100 metres radius surrounding the Humayun‟s Tomb and no construction within the regulated area, i.e., within a radius of 300 metres surrounding Humayun‟s Tomb could be undertaken without prior permission of the ASI.