construction in prohibited area Archeological survey of india act

[thrishul h]

A hotel & house has come up in prohibited zone(as per ASI/NMA act).Although ASI has served notice to them still they went ahead & constructed the same.AS per the Ancient Monuments & Archeological Sites act 2010 under section 30(a) it carries a punishment of two years & under section 30(b) 3 years for the official who failed to act.I complained to ministry of culture numerous times still they dint act.
Plz help how to make authorities enforce law.

[Dr. Ashok Dhamija]

You appear to have quoted the wrong legal provisions. Looking at the facts mentioned in your question, the correct legal provisions for the offences committed would be Section 30-C (offence by Government officer) and Section 30-A or 30-B (for a person doing illegal construction), as the case may be, of the Ancient Monuments And Archaeological Sites And Remains Act, 1958.

Since these offences appear to be cognizable, you may file a complaint with police with proof. If police does not take action, you can try filing a private criminal complaint in the competent court.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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