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Existing Houses Near Kumbhalgarh Fort Can Be Repaired, Expanded; No New Construction On Fresh Foundations: Rajasthan High Court
['Nupur Agrawal']
Supreme Court - High Court - Legal Breaking News | Live Law India
Holding that persons residing near archaeological sites for generations cannot be ousted merely in the name of protecting such sites, the Rajasthan High Court has permitted residents of existing houses near Kumbhalgarh Fort to carry out repairs and additional construction over those structures, subject to requisite permissions.
The Court however clarified that its observations did not permit fresh construction involving new foundations.
However, existing houses standing with old foundations would be repaired and further constructions thereon would also be permitted," it observed.
It was further alleged that notices were issued to the villagers under the Ancient Monuments and Archaeological Sites and Remains Act, 1958, alleging that their properties fell on the edge of archaeological site of Kumbalgarh Fort.
It is made clear that this shall, in no manner, permit any encroachment upon the existing archaeological site."