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Showing contexts for: AMASR in Aman Lekhi & Ors. vs Union Of India & Ors. on 11 February, 2021Matching Fragments
27. Challenging the NOC dated 03.01.2013 granted by the National Monuments Authority (NMA), she submits that the impact of the Project on Darya Khan Tomb, which is an Archeological Survey of India (ASI) "Protected Area", has not been considered in any manner. She submits that NMA in its letter dated 03.01.2013 considered the Project as a special case to grant approval. She relies on Section 20 of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (AMASR Act) read with Rules 5 to 11 of the Ancient Monuments and By:SHALOO BATRA W.P.(C) 3263/2014 Page 14 Archaeological Sites and Remains (Framing of Heritage Bye-Laws and Other Functions of the Competent Authority) Rules, 2011 to contend that there is no justification as to why the impact study on the Tomb was not undertaken; provisions of AMASR Act not followed; and the Project was taken as a special case. She submits that infact, the NBCC in its calculation of the total area of the Project has illegally included the area of the Tomb thereby making the acts of the NBCC completely unlawful.
47. The learned senior counsel for the NBCC submits that the challenge made to the approval granted by the National Monuments Authority (NMA) is beyond the pleadings inasmuch as the same has not been raised in the petition. The said approval was granted by NMA on 03.01.2013 and by the Competent Authority under AMASR Act, 1958, on 15.03.2013. She submits that the proposal of the Project was also placed before DUAC, however, the same was initially rejected raising certain observations. The revised proposal was approved by the DUAC vide its letter dated 15.07.2013. She submits that in any case, the contention regarding the ASI Protected area has been considered by the ASI and inspection has been carried out on 27.06.2019 in terms of the interim order dated 20.05.2019 of this Court. In support of her argument, she places reliance on the Report filed pursuant to the inspection by the ASI placed alongwith the Affidavit of the ASI dated 24.07.2019, which mentions that creation of buffer area with proper fencing by NBCC has brought ample greenery which beautifies the entire surroundings, reduces pollution as well as protects the monument.