**Executive Summary**
This document is the response to an unstarred question in Lok Sabha concerning the prevention of illegal construction in protected zones under the Archaeological Survey of India (ASI), specifically addressing an illegal bungalow in Ella Village, Old Goa. It outlines actions taken by the Government and the ASI, as well as the current status of legal proceedings. Key dates include order for removal on 16.08.2022, and judgment from the High Court on 06.02.2023.
**Key Points / Main Content**
* **Illegal Construction in Ella Village:**
* An illegal bungalow was constructed in the Heritage Protected Zone in Ella Village, Old Goa, despite ASI's order for demolition.
* The demolition order was challenged in the High Court of Bombay at Goa. The High Court ruled in favor of the petitioner and quashed the demolition order.
* The matter is currently subjudice before the Supreme Court of India.
* **Measures to Prevent Illegal Constructions:**
* Illegal constructions at protected monuments and areas are removed according to the Ancient Monuments and Archaeological Sites and Remains Act, 1958 and its rules.
* Superintending Archaeologists have powers of an Estate Officer to issue eviction notices under the Public Premises Act, 1971.
* They can also issue show-cause notices followed by a direction to the District Collector/Magistrate to remove illegal constructions under the Ancient Monuments Act, 1958 and Rules 1959.
* Assistance is sought from State Government/police authorities to contain/remove illegal constructions.
* Private security personnel and CISF are deployed for the safety and security of selected monuments/sites.
* **Instructions to Goa State Government:**
* No specific instructions have been issued to the State Government of Goa regarding protected monuments on the Regional Plan.
* However, a Gazette Notification dated 19.10.2023, published on 26.10.2023, has notified the site plan delineating protected, prohibited, and regulated areas for ancient monuments and archaeological sites within the Settlement Level plan of Ella village.
**Impact Analysis**
**ASI Superintending Archaeologists**
* **Impact:** Given enhanced power of Estate Officer under the Public Premises Act, 1971 to issue eviction notices.
* **Action Required:** Utilize Estate Officer powers to remove encroachments, issue notices and follow up with authorities.
**State Government/Police Authorities**
* **Impact:** Required to assist in containing and removing illegal constructions.
* **Action Required:** Provide support and assistance to the ASI in removing illegal constructions.
**District Collector/Magistrate**
* **Impact:** Given the responsibility of removing illegal constructions under the Ancient Monuments Act, 1958 and Rules 1959, following a direction from the Superintending Archaeologist.
* **Action Required:** Execute removal of illegal constructions as directed by the ASI.
**State Government of Goa**
* **Impact:** Ella Village's site plan delineates protected, prohibited, and regulated areas in accordance with notification dated 19.10.2023.
* **Action Required:** Ensure enforcement of rules and regulations within delineated areas as per the Gazette Notification.
Key Entities Referenced
Archaeological Survey of India (ASI): The primary watchdog for heritage protected zones, responsible for preventing illegal constructions and taking action for demolition.
Ancient Monuments and Archaeological Sites and Remains Act, 1958: The key legislation governing the protection and removal of illegal constructions in protected monument areas.
Old Goa: The location where the illegal construction took place in the Heritage Protected Zone in Ella Village.
Public Premises (Eviction of Unauthorised Occupants) Act, 1971: Act under which the Superintending Archaeologist is empowered to issue eviction notices to encroachers.
Ministry of Culture: The ministry responsible for overseeing the Archaeological Survey of India and addressing the issue of illegal construction.
GOVERNMENT OF INDIA
MINISTRY OF CULTURE
LOK SABHA
UNSTARRED QUESTION NO.396
ANSWERED ON 02.02.2026
PREVENTION OF ILLEGAL CONSTRUCTION IN PROTECTED ZONES UNDER ASI
396. SHRI CAPTAIN VIRIATO FERNANDES:
Will the Minister of CULTURE be pleased to state:
(a) whether the Government is aware that an illegal bungalow constructed in the Heritage
Protected Zone in Ella Village in Old Goa despite order of the Archeological Survey of
India (ASI) for demolition, if so, the action taken thereon;
(b) the reason for delay in demolition of the illegal structure despite orders for demolition by
the ASI;
(c) the details of the measures initiated by the Government to prevent such illegal constructions
in Heritage protected Zones/close to protected monuments and under the immediate
watchdog of ASI where no construction is permitted, if so, the details thereof; and
(d) whether the Government has issued any instructions to State Government of Goa to reflect
all protected monuments on Regional Plan, if so, the details thereof?
ANSWER
THE MINISTER OF CULTURE AND TOURISM
(SHRI GAJENDRA SINGH SHEKHAWAT)
(a)& On noticing the illegal structure at Chapel of St. Cajetan and Arch of Viceroy’s, Old Goa,
(b) an order was issued for its removal on 16.08.2022. However, the said order was challenged
before the Hon’ble High Court of Bombay at Goa through Writ Petition No. WP/2216/2022
(WP/48 of 2023). The Hon’ble Court, vide judgment dated 06.02.2023, decided the case in
favour of the petitioner and quashed and set aside the order. However, now, the matter is
under subjudice before the Hon’ble Supreme Court of India.
(c) The illegal constructions at the protected monuments and protected areas are removed as
per the provisions contained in the Ancient Monuments and Archaeological Sites and
Remains Act, 1958 and Rules framed there under. In order to contain the encroachments
and remove them, the Superintending Archaeologist in charge of the Circles have been
vested with the powers of an Estate Officer to issue eviction notices/orders to the
encroachers under Public Premises (Eviction of Unauthorised Occupants) Act, 1971. They
are also authorised to issue show cause notices followed by a direction to the District
Collector/Magistrate to remove such illegal constructions under the provisions of Ancient
Monuments and Archaeological Sites and Remains Act, 1958 and Rules 1959. Assistance
in containing and removing illegal constructions is also sought from the respective State
Government/police authorities from time to time. Further, in addition to the regular watch
and ward staff, private security personnel and CISF have also been deployed for the safety
and security of selected monuments/sites across the country.--
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(d) No such specific instructions have been issued to the State Government of Goa. However,
Gazette Notification No. 27/15-3/943/TCP/2023/3254, dated 19.10.2023, published in the
Official Gazette of Government of Goa dated 26.10.2023, has notified the site plan bydelineating the protected area, prohibited area and regulated area in respect of the ancient
monuments and archaeological sites and remains situated within the limits of the Settlement
Level plan of the village Panchayat of Ella, Old Goa.
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