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HERITAGE REGULATIONS

Heritage Policy

The first step towards protection of our heritage is the development of heritage policies, regulations and guidelines at the local, regional and state level. INTACH has already begun this process by acting as an advisory body and initiating the development of heritage policies for coastal areas, natural sites, heritage villages, hill stations and other sites of historical and cultural significance.
 
The Punjab State Assembly has approved The Punjab Regional and Town Planning and Development (Amendment) Act, 2003, to bring in provisions that would specifically address conservation issues. The Act, a landmark achievement was formulated by INTACH and the Government of Punjab, in consultation with the Bombay Environmental Action Group.

This is the second Act to be introduced in India after the Maharashtra Regional and Town Planning (Amendment) Act 1994 and has been a breakthrough in the field of heritage conservation. Some of its major clauses are:

  • A definition of heritage sites
     

  • For the first time in any Act, natural features of environmental significance and of scenic beauty have been specifically included in the definition of heritage sites.
     

  • This Act provides for protection of heritage sites for areas within municipal limits and also for areas outside, that come under the purview of the Regional Plan.
     

Concepts like the Transfer of Development Rights (TDR) have been introduced to compensate the owners of heritage buildings who are not allowed to develop their property.
 
It is imperative that many more states emulate Punjab and Maharashtra by formulating effective heritage regulations - while restoration protects many endangered sites, legislation can protect several thousands!


Legal interventions

INTACH makes legal interventions through Public Interest Litigations when actions of the local or national administration are a threat to the heritage of the country.

Expansion of the Nizamuddin Railway Station, New Delhi
The case filed against the Northern Railway was won by INTACH which resulted in the conserving of the original splendor of the building.
 
The Demolition of the Canopy at India Gate, New Delhi
The high court order prevented the proposed demolition of the canopy of King George V at India Gate.
 
Illegal Construction of a Wozokhana in the Jama Masjid, New Delhi
The Public Interest Litigation filed by INTACH resulted in the demolition of the illegal structure that marred the beauty of the Jama Masjid.
 
In some instances legal action has been the only recourse for effective results such as:

  • The Public Interest Litigation halted the demolition of historic structures like the Central Vista canopy in Delhi, and the Attara Kacheri (High Court) in Bangalore.
     

  • An injunction order of the Gujarat High Court put a stop to unauthorized quarrying around the Champaner monuments and forest reserve.
     

  • The vigilant action of a local Chapter in Maharashtra safeguarded the status of Dahanau as an Ecologically Fragile Zone under the Environment Protection Act, 1986. It led to the establishment of a Green Bench in the Mumbai High Court.
     

  • The Delhi High Court gave a clear directive that the installation of a TV tower anywhere in India requires an environmental impact clearance, when the petition for removal of the TV tower in Bundi, Rajasthan had failed.
     

  • Development of Heritage Regulations for the states of Andhra Pradesh, Punjab, Maharashtra.

Sikh Heritage Cell

A Sikh Heritage Cell has been constituted with eminent experts to look into the details of preservation of Sikh Heritage. A Plan of Action is being formulated.

Members of the Committee are:
- Shri. S. K. Misra, Chairman, INTACH
- Shri. Dalip Mehta, Member Secretary, INTACH
- Shri. Patwant Singh, Conservationlist
- Shri. Kartar Singh Duggal, MP
- Dr. Mohinder Singh, Director, National Institute of Punjab studies
- Brigadier Sukhjit Singh, Chairman, Kapurthala Heritage Society
- Dr. Gurpreet Kaur Maini, OSD, Government of Punjab
- Shri. J.S. Jassal, Chartered Accountant
- Shri. D.S. Jaspal, Punjab Government
- Dr. O.P. Agrawal, Director General, ICCI

 

 

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