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Showing contexts for: AMASR in Sh. Mirza Rashid Beg vs Archeological Survey Of India And Ors on 28 February, 2023Matching Fragments
13. That in 2017 two inspection were conducted, one jointly by Competent Authority, NCT of Delhi, Puratatva Bhawan, D-Block, 1st Floor, INA New Delhi and Delhi Mini Circle. Second was conducted by team of Delhi Mini Circle. That in those inspections, it was identified that violations against the permission given in 2016 and under the AMASR Act were committed by constructing mumty and rising the height of pararpet wall by the M/s Supreme Courier Service. The copies of the both Inspection notes issued in 2017 are annexed as ANNEXURE R-5.
14. That in 2017 based on the inspection, Show Cause Notice under the AMASR Act was issued against the violations committed to the then owner. That the copy of the same was sent to MCD, DG (ASI), L.G., COUNTER-AFFIDAVIT (Kashmiri Gate), NMA, Dy.Signature Not Verified Digitally Signed By:KOMAL DHAWAN Signing Date:06.03.2023 17:08:04
Commissioner Revenue. That hence MCD was intimated about the violations with the request take necessary actions. The copy of the Show Cause Notice AND Copy of letter MCD in the year 2017 are annexed as ANNEXURE R-6.
d. That ASI issued Show Cause to the property owner of 1490-91 for violation of NOC in the year 2017 and as per the present joint inspection conducted on 1.12.2022 it is seen that compliance has not been carried by the owner, the violation still exists. the matter may now be processed for issuance of demolition notice under Sub rule 38(1) of AMASR Act and MCD may take action as per the agreed upon that and assured to take necessary action as per the fresh notice issued by ASI post the Joint Survey. This office has requested to directorate office for issuing notice under (38) 1 of AMASAR. Copy of the letter requesting for issuance of notice under section 38(1) AMASAR Act has been marked as ANNEXURE- R10 e. Property No: 1488 near Ritz cinema, Kashmiri Gate, Delhi also inspected by the team o ASI. This property belongs to petitioner Sh. Mirza Rashid Beg who is also carrying out the unauthorized construction in prohibited area of City Wall a Centrally Protected Monument. The property is a commercial establishment. The owner has unlawfully conducted deep digging inside the property (basement area) without permission. The digging inside has disturbed the foundation level of the building as seen in the report. The inspection team observed that observed that on the day of the inspection work was stopped. The floor was covered with heaps of rubbish (debris), the large cavity which was created for the digging was covered with the debris heap. Sub-circle in charge has issued Stop work notice to the owner and has placed a police complaint in the nearby police station. Show Cause notice has been issued in this regard. The copy of the Show Cause notice issued on dated 19.01.2023 is annexed as ANNEXURE- R11 f. That in the present matter, the request to the higher authorities for issuance of removal of encroachment under the S. 38(1) has been made and the approval of the same is accordingly awaited. That after the approval and intimation to the MCD, MCD has assured to undertake necessary actions for removal of unauthorized constructions and the violations. That in the property of 1488, the necessary notices have been issued and the concerned agencies have also been duly informed."