O R D E R
This Writ Petition is filed for a Writ of Mandamus directing the respondents 1 to 4 to take action against the respondents 5 to 8, in pursuance to
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the communication dated 19.04.2018 in F.No.AVACT/2010/Vlr/432 of the 1st respondent, within a time frame and consequently, forbear the respondents 5 to 8 from in any maner continuing with their unauthorised construction, in violation to the provisions contemplated under Section 20(B) of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (as amended) and Section 20C (2) of the Ancient Monuments and Archaeological Sites and Remains (Amendment & Validation) Act, 2010.
2. According to the petitioner, she is the owner of the properties in and around Vellore Hazarath Makkan. The property in Hazarath Makkan originally belonged to her grandfather late Moulana Mohideen Syed Shah Abdul Latif Sahib Quadri. The petitioner and her sister inherited the assets of her ancestors as sole surviving legal heirs. The petitioners husband died on 10.10.2007 and her sister died on 29.07.2011. The petitioner is a sole surviving legal heir, was enjoying the properties. While so, the private respondents 5 to 8, who are the tenants of the petitioner taking advantage of her innocence, illiteracy and social constraints, started constructing buildings by demolishing the ancient buildings without her consent and without prior permission from the appropriate authorities. The petitioner was therefore constrained to send several representations as also legal notice through her lawyer to the respondents.
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3. According to the petitioner, the properties belonging to her, are within
10 Meters from the Ancient Monument viz., Vellore fort and under Section 20- B of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (as amended), no construction should be carried out within 200 Meters from the Ancient Monument. Further, Section 20 C (2) of the Ancient Monuments and Archaeological Sites and Remains (Amendment & Validation) Act, 2010 states that prior approval of the competent authority is mandatory under the Act, to carry out constructions within limits prescribed under Section 20-B of the Act.
4. According to the petitioner, the private respondents 5 to 8 unauthorisedly started constructing large building comprising ground + 2 floors and a new commercial building consisting of ground + 2 floors respectively, by demolishing the ancient building that was in existence for more than a century. The private respondents, without prior permission from the respondents 1 to 3 or any consent from her for demolishing the ancient structure, started the construction activity in the petitioners property which is within 10 Meters from the Ancient Monument i.e. Vellore Fort, in violation of all the aforesaid provisions of the Ancient Monuments Act.
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5. Though the respondent 1 to 3 warned the private respondents 5 to 8, they did not heed to the warning and continued their illegal construction. The petitioner sent representations dated 15.03.2018 and 10.04.2018 to the respondents 1 and 2, for which a reply communication was sent by the 1st respondent dated 19.04.2018, stating that stop work and show cause notices were issued to the respondent 5 to 8. In spite of the aforesaid action taken by the respondents 1 and 2 the private respondents continued their illegal construction.
6. According to the petitioner, as there was gross violation of the provisions of Ancient Monument Act and as also no planning permission was obtained from the 3rdrespondent, she was constrained to approach this court by way of the above writ petition.
7. Though the private respondent 5 to 8 were served notice none appears.
8. The 3rdrespondent alone has filed counter. The 3rdrespondent in his counter stated that the Corporation had not given any building permission for constructing the building. It was further stated that to comply with the provisions of Archaeological Sites and Remains Act, 1958, a notice under
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Section 296(1) (2) of the Vellore City Municipal Corporation Act 2008, was issued by the Corporation to the concerned building owner to stop construction activity. The 3rdrespondent in his counter clearly admits that the building was constructed without any planning permission from the appropriate authorities. The Commissioner further states that the Corporation could do nothing except to issue notices to stop construction and further states that building could be demolished under the provisions of the Town and Country Planning Act, 1971. The Commissioner further states that the building owner has not filed any application for getting license, with NOC of the Archaeological Department.
9. From the counter filed by the 3rdrespondent, it is clear that the private respondents 5 to 8 in violation of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (as amended) and Ancient Monuments and Archaeological Sites and Remains (Amendment & Validation) Act, 2010 had constructed the building. As admitted by the 3rd respondent neither any N.O.C. was obtained from the respondents 1 and 2 nor the planning permission obtained from the competent authorities by the respondents 5 to 8 before constructing the building.
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10. In view of the categorical admission of the facts and law by 3rd respondent, we are of the view that the writ petition deserves to be allowed. The official respondents 1 to 4 are directed to take immediate action for demolishing all the constructions put up by the private respondents 5 to 8 by following due process of law.
11. We are appalled at the statement of the Commissioner, Vellore Municipal Corporation that the Corporation could do nothing except to issue stop work notice. The failure on the part of the respondents to take timely action against the respondents 5 to 8, in our view, is a crime in itself. Further from the counter of the 3rdrespondent, it is clear that, inspite of stop work notice, the construction was completed and put to use. In our considered view the same would not have been be possible without the knowledge of the 3rd respondent. We are therefore of the view that the writ petition should be kept pending to ensure that appropriate action is taken against the respondents 5 to 8 for violation of the law.
12. In view of the above, the writ petition is disposed of as follows:
1. Direction is issued to the respondents to demolish the illegal building constructed by the private respondents 5 to 8 by following due process of law
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within a period of eight (8) weeks from the date of receipt of copy of the order.
2. Direction is issued to take appropriate action against the erring officials for their inaction in stopping the illegal construction. Post the case on 06.09.2023 for reporting compliance on the aforesaid directions.
(J.N.B, J.) (N.M, J.)
Index : Yes / No 11.07.2023 Internet : Yes / No Speaking order: Yes/No Neutral Citation : Yes / No dsn
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To 1.The Superintending Archaeologist, Archaeological Survey of India, Chennai Circle,
Fort St. George,
Chennai-600 009.
2.The Senior Conservation Assistant, Archaeological Survey of India, Vellore Sub-Circle,
Fort, Vellore- 632 004.
3.The Commissioner,
Corporation of Vellore City, Infantry Road,
Vellore- 632 001.
4.The Inspector of Police, Vellore North Police Station, Vellore District,
Vellore- 632 004.
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J. NISHA BANU, J.
and
N.MALA, J.
dsn
W.P.No.13622 of 2018 and W.M.P.Nos.16051 and 16052 of 2018
11.07.2023
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