The Karnataka High Court on Tuesday ordered issue of notice to the Union and State governments, and the Archaeological Survey of India (ASI) on a PIL petition complaining that Moodbidri town municipality is proposing to reconstruct a market building, situated within the regulated zone from ‘Chowtara Aramane’ — a protected monument — in violation of heritage norms.
A Division Bench comprising Chief Justice Subro Kamal Mukherjee and Justice P.S. Dinesh Kumar passed the order on the petition filed by Jaison Marshall Soares, a resident of Punchmogaru village in Dakshina Kannada district.
Pointing out that the municipality has already drawn up a plan to demolish the existing old market building and construct a new building in its place, the petitioner has alleged that the municipality is taking up the new construction without any mandatory approval from the competent authority under the Ancient Monuments and Archaeological Sites and Remains Act, 1958.
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As construction or reconstruction in the regulated zone of 200 metres from the notified monument is governed by the heritage byelaw, the municipality is required to take priority permission from the competent authority as there is a danger of causing damage to the protected monument from the proposed construction activities. This is what has been contended in the petition.