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This is an archive article published on January 20, 2010

ASI files case against Railways over temple near Humayun’s Tomb

The Archaeological Survey of India on Tuesday filed an FIR against the Railways for allowing unauthorised construction on Railways land within 100 metres of a protected structure,which is illegal as per a 1958 Act.

The Archaeological Survey of India (ASI) on Tuesday filed an FIR against the Railways for allowing unauthorised construction on Railways land within 100 metres of a protected structure,which is illegal as per a 1958 Act.

The temple — ASI claims it was constructed recently,while Railways officials say it was built when the land was under ASI’s supervision — is within the Railway Protection Force (RPF) barracks,barely 50 metres from the Humayun’s Tomb,a World Heritage Site.

The FIR was registered at Nizamuddin police station.

Earlier,on December 7 last year,the ASI had filed an FIR against the Railways for illegal construction within 100 metres of the centrally protected monument Nila Gumbad,which lies next to Humayun’s Tomb. The foundation for a five-storey had been raised within the protected zone of the monument,and ASI officials claimed the building was meant to be a Railways guesthouse.

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Any construction within 100 metres of a protected monument is considered illegal under the Ancient Monuments and Archaeological Sites and Remains Act,1958,and the amended rules of 1992. The building’s construction was stalled taking note of the FIR.

But the situation this time is more complicated,for the temple has already been constructed — there is an idol placed inside it,and a priest also lives there.

The Railways and ASI have been at loggerheads on sharing land near the Humayun’s Tomb for beautification of its buffer zone.

A senior ASI official said Railways allowed the temple to be built even as it is complaining about lack of space to store railway material and to construct a resting place for drivers.

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It also turned down ASI’s request for a road to be diverted so that the monument could be incorporated in the Humayun’s Tomb complex,the ASI official said.

“The Railways refused to transfer to us half-an-acre of land for preserving archaeology and developing the buffer zone of Humayun’s Tomb,” the ASI official said,“but it did not stop the construction of a temple on its land.”

But a senior Railways official denied that the temple is a new construction. According to the official,this land was under ASI’s supervision till March 2009,implying that the temple was built during that period.

“Any construction that has taken place occurred earlier,when ASI wanted its labourers to stay there,” the Railways official said. “We are aware that a priest lives there but there is no new construction.

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“Moreover,since it is a religious structure,we cannot demolish it on our own. But,at the same time,we have no objection if there is a need for demolition.”

The ASI,however,maintained that this part of the land was never transferred to the archaeology body.

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