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Encroachment of Heritage Sites: Judicial Intervention and Institutional Accountability

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The Delhi High Court has directed the ASI, MCD, and Delhi Police to identify officials responsible for allowing unauthorized construction near the protected Raushanara Tomb, underscoring the urgent need for inter-agency coordination in heritage preservation.

The recent intervention by the Delhi High Court regarding illegal construction in the vicinity of the protected Raushanara Tomb highlights a systemic failure in the conservation of India's cultural heritage. The court’s decision to demand personal affidavits from the Archaeological Survey of India (ASI), the Municipal Corporation of Delhi (MCD), and the Delhi Police signals a hardening stance against the administrative apathy that frequently plagues protected monuments. Under the Ancient Monuments and Archaeological Sites and Remains (AMASR) Act, a 'prohibited' and 'regulated' area exists around protected monuments to prevent structural and aesthetic damage. Despite these clear legislative mandates, the proliferation of unauthorized structures often goes unchecked due to a 'buck-passing' culture among local civic bodies, the police, and central conservation agencies. This incident brings to the fore the inherent challenges in enforcing heritage protection laws in rapidly urbanizing landscapes where land value often supersedes archaeological significance.

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