G.BALAKRISHNA PILLAI Vs. DIRECTOR

JUDGEMENT

(1.) The petitioners, an aged couple, are in the process of completing the construction of a three storied residential-cum-commercial building in their property situated in Mattancherry Village of Kochi Taluk. The property of the petitioners is situated near the Mattancherry Palace; an ancient monument dating back to the year 1557. The palace was constructed by the Portuguese in the year 1545 and presented to Veera Kerala Varma Raja, the then ruler of Cochin State. The palace being in close proximity to the sea was ravaged over the years by inclement weather and sea borne attacks from enemies. The palace was rebuilt by the Dutch in the year 1663 and the later renovations were carried out by the Rajas themselves. As a result, the Mattancherry Palace is resplendent of Portuguese and Dutch Architecture and portrays the grandeur of the Cochin royal family.

(2.) Article 49 of the Constitution of India casts an obligation on the State to protect every monument or palace or object of artistic or historic interest, declared by or under law made by the Parliament to be of national importance, from spoilation, disfigurement, destruction, removal, disposal or export, as the case may be. To give effect to this directive principle, the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (for short 'the Act') was enacted. The Mattancherry Palace is declared to be an ancient monument of national importance under Section 3 of the Act. The areas lying contiguous with, and in close proximity to, ancient monuments are categorised as prohibited and regulated areas. As per Section 20A, every area, beginning at the limit of the protected area or the protected monument, as the case may be, and extending to a distance of one hundred metres in all directions shall be the prohibited area in respect of such protected area or protected monument. Section 20B provides for declaration of regulated area, which shall extend to a distance of 200 metres in all directions beginning at the limit of the prohibited area. In other words, the regulated area extends up to 300 metres of the protected monument. While activities within the prohibited area are restricted to repair or renovation of existing buildings, Section 20D provides for grant of permission for construction and reconstruction or repair or renovation within the regulated area. Under the Act, the function of processing applications, recommending and granting permission for such construction is vested with two authorities; the Competent Authority (CA) defined under Section 2(db) and the National Monuments Authority (NMA)under Section 20(da).

(3.) The proposed construction of the petitioners being within a distance of 208 metres from the Mattancherry Palace and therefore within the regulated area, they submitted an application for grant of permission under Section 20D. The application was processed and forwarded to the NMA by the CA and the petitioners were issued with Ext.P1, permitting the construction, but restricting the total height of the building to 9 metres. Accordingly, petitioners completed the construction by restricting the height to 9 metres and submitted a belated request for grant of completion certificate along with a revised plan. The CA forwarded the request and accompanying documents to the NMA under Annexure 2 letter dated 06.06.2018 and as per Annexure 3, the NMA directed a fresh application to be submitted as on date with all enclosures and to report about the present status of the construction. Petitioners submitted the fresh application as directed, as is evident from Annexure 4 dated 15.08.2018, and thereafter approached this Court in W.P.(C) No.29388 of 2018 alleging delay in consideration of their application. The writ petition was disposed of under Ext.P3 judgment directing the CA to take up, consider and pass appropriate orders on the applications preferred by the petitioners within six weeks.