2. Sites and Monuments under Archaeological Protection:

Protection of historical monuments has found place in the Constitution of India, in the form of one of the obligations of every state government (Article 49, Part IV, Directive Principles of State Policy). The Union List, the State List and the Concurrent List all carry the entry “historical monuments”. For the most important monuments, the Parliament is competent to make laws and declare them as National Monuments. The State Legislatures can make laws to protect monuments not already declared national monuments

3. The State and Central Laws for Archeological protection

In the A P Ancient & Historical Monuments and Archaeological Sites & Remains Act, 1960,  “Ancient Monument” is defined as any structure, erection or monument or any tumulus (burial mound) or place of interment (burial) or any cave, rock-sculpture, inscription or monolith, which is of historical, archaeological or artistic interest and which has been in existence for not less than one hundred years and includes:-

Charminar and the Golconda fort are the only two monuments protected by the Government of India (ASI) in the city of Hyderabad. In Andhra Pradesh the protected monuments number 136.

The State Government has declared 43 monuments as protected in the city of Hyderabad. . Prominent among the State protected monuments are the Qutb Shahi Tombs, the Mecca Masjid and the Purana Pul Gate. Throughout A.P., it has 500 protected monuments.

 

5. Heritage Buildings & Heritage Precincts protected by HUDA

The Laws and Definition.
Under sub-section (1) of section 59 of the Andhra Pradesh Urban Areas (Development) Act, 1975 (Act No 1 of 1975) the Hyderabad Development Authority with the previous approval of the Government  added regulation no 13 after regulation no 12 in the HUDA Zoning Regulations 1981, for conservation of Historical areas and the buildings thereon in Hyderabad City with no financial commitment on the Government or HUDA

The Legal Definition of Heritage Buildings( HB) in  Regulation 13.1 of HUDA Zoning Regulations, 1981 is as follows:

Buildings, Artefacts, Structures, and/or Precincts of Historical and/or Aesthetical and/or Architectural and/or Cultural value.
It should be noted that Age is not a criterion. Thus even a recently constructed building can become a Heritage Building.

Heritage Precinct is an entire zone, designated as such, which is to be conserved in entirety, including its surroundings, and not merely the notified heritage buildings in that zone.

Sub-section 7 of this regulation states that “buildings included in Heritage Precincts (HPs) shall maintain the skyline in the precinct [without any high-rise development] as may be existing in the surrounding area, so as not to diminish or destroy the value and beauty of the said listed HB/HP. The development therein shall be in accordance with the guidelines framed by Vice Chairman (VC), HUDA in consultation with Heritage Conservation Committee (HCC).” HCC  is appointed by the state government 

In its Notification No 3023/PR/HUDA/2000 dt 30-4-2000, HUDA went on say that “The notification of HP’s will imply that development proposals, street furniture, road-widening proposals and outdoor publicity within the Heritage Precincts shall need to be approved by the VC HUDA and the HCC before permission is granted by the MCH or other competent authorities.”

6. Which are the Heritage Buildings (HBs) and Heritage Precincts (HPs)?

On 23-3-98, HUDA notified 137 heritage buildings and Nine heritage precincts [rocks].  One more building was subsequently notified as an HB. HUDA further notified on 30-4-2000 Six additional Heritage Precincts , covering certain historical localities and areas of environmental importance, viz., Charminar area, Golconda Fort area, Falaknuma Palace area, KBReddy Park and valley up to Hotel Banjara Residency;  Park on Road No 1, Banjara Hills and valley, and Additional areas around Durugam Cheruvu Lake.
.
The notification of 30-4-2000 for HP No 10 i.e., the Charminar Precinct, makes it clear that the  entire area [and not just a few notified Heritage Buildings] are to be preserved. Under Justification it says: “Historic core consisting of parts of the former walled city and including many historic localities, street facades, structures and buildings.”

 

7. International Charters on Heritage

India is a party to a number of International Charters, and is committed to follow their Guidelines. The Venice Charter, the Charter for the Conservation of Historic Towns and Urban Areas adopted by The International Council on Monuments and Sites (ICOMOS), 1987, the UNESCO ‘Recommendations concerning the Safeguarding and Contemporary Role of Historic Areas’ (Warsaw Nairobi, 1976) and also various other instruments, indicate what are to be conserved. For example, 

*. Qualities to be preserved include the historic character of the town or urban area and all those material and spiritual elements that express this character, especially, urban  patterns as defined by lots and streets, relationships  between buildings and green and open spaces; the formal appearance, interior and exterior, of buildings as defined by scale, size, style, construction materials, colour and decoration; the relationship between the town or urban area and its surrounding setting, both natural and man-made; the various functions that the town or urban area has acquired over time.

Any threat to these qualities would compromise the authenticity of the historic town or urban area.

Traffic Planning ( in terms of the International Charters cited before)

Traffic inside a historic town or urban  area must be controlled and parking areas must be planned so that they do not damage the historic fabric or its environment.

When urban or regional planning provides for the construction of  major  motorways, they must not penetrate an historic town or urban area, but they should improve access to them.

 

8. Grading of HBs & HPs  HUDA regulation no 13

These are categorized into Grade I, Grade II and Grade III, depending on importance

9. Implications  of Listing as HB or HP

No development, additions, alterations, repairs, renovation, demolition of HBs and HPs without prior written permission of HUDA Vice Chairman, who shall act on the advice of HCC  appointed by the Government .

Listing as Heritage Building dos not prevent change of ownership or usage; the responsibility to comply with the heritage regulations will pass on to the new owner.

In case an owner does not take care and pulls down the HB, obviously he has to be denied any fresh permission apart from penalties and prosecution under the AP Urban Areas (Development) Act, 1975.

On refusal of development permission, owners  of HBs and HPs may be compensated by allowing Transfer of Development Rights (TDR).

Repairs

HBs shall be repaired by the owners/lessees . A separate fund can be created through the budget of the Authority, to be kept at the disposal of VC, HUDA to give monetary help for repairs.

 

10. Procedure  for notifying HB or HP

HBs and HPs will be notified by the Government after examination and approval by HUDA and the HCC. The Authority will invite public objections and suggestions in three local  daily newspapers before finalizing the list.

 

11.  Enforcement duties of the Local Bodies, other restrictions on their powers:

Further, they are to ensure that while undertaking road widening programme, there is no damage to any notified HB or HP without specific prior consultation with HUDA who will act on the advice of HCC.

Local bodies, otherwise authorized to grant development permission, will not permit any development in HBs and HPs until specific clearance from VC, HUDA ( who is to consult HCC) is obtained and produced before seeking any new development permission.

By G.O.MS. No 263 M.A. dated 14.5.03, the state government has directed that the conservation, maintenance and developments of HBs within MCH area shall be the responsibility of MCH and outside MCH area HUDA will continue to be responsible."

12.  Meaning of Conservation

Conservation involves the following stages : (i) prevention of deterioration; (ii) preservation of the structured fabric; (iii) consolidation of the structured fabric; (iv) restoration; (v) rehabilitation.

The first three stages are self-explanatory. The object of restoration is to revive the original  character and, as such, should be based on  respect  for original material, original design and authentic documented evidence.

Rehabilitation and re-use is a process of returning a historic building or quarter to a state of utility; in other words, putting the buildings concerned to use. It may not be feasible in all cases. The next preference is for a sympathetic or compatible use, in consonance with the original function, with or without adaptive alterations.


Public awareness and local support are two most vital factors for the preservation of any monument or archaeological site or Heritage Building or Heritage Precinct. In the case of such structures and sites situated in large cities, only the local residents can act as effective deterrent to miscreants intending to deface or misuse a monument.

 

13. Recommendation  for further reading

Prepared by Mr. M.Mandal – Date: 03-03-2002