CONTENTS Preface 7 CHAPTER 1 1. Heritage Protection - Introduction 9 1.1 Definition of Heritage 9 1.2 Why Heritage Legislation or Regulations? 10 1.3 Implications of Listing 10 1.4 Heritage Protection in India - Current Status 11 1.5 Water Bodies 13 CHAPTER 2 Approach to Protection 15 CHAPTER 3 Listing 17 CHAPTER 4 Legislation / Regulation 19 4.1 Model Regulations 19 4.1.1 Government of India Draft Model Regulation 19 4.1.2 Revised Model Regulation 20 4.2 Model Heritage Bill 21 4.3 State Town And Country Planning Acts 21 4.4 World Heritage Sites / Large Archaeological / Heritage Sites 21 4.5 Central Act 22 4.6 The Environment (Protection) Act, 1986 22 4.7 Hill Stations 23 4.8 Cantonments Act, 2006 23 4.9 Military Stations 23 4.10 Exemptions from Planning Permission Requirement 24 4.11 CRZ Notification 24 4.12 River & Lake Regulation Zone 25 4.13 Local Level Coastal Protection 26 4.14 Local Level Inland Waterfront Protection 26 4.15 Draft Heritage Lists 27 Powers of Heritage Conservation Committee Hoardings 4.16 Demolition of encroachments 28 4.17 International Conventions and Charters 28 CHAPTER 5 Organisational Issues 29 5.1Nodal Ministry 29 5.2 Field Organisation 30 5.3 Listing 30 5.4 Listing by Large Organisations 30 5.5 Heritage Advisers 31 5.6 Heritage Advisory Committees 31 5.7 Heritage Committees in Cantonments 31 5.8 Heritage Committees for Military Stations 31 5.9 National Physical Heritage Commission 31 ANNEXURE 1 Some features of the heritage regulations 32 ANNEXURE 2 Extract from Bombay High Court Order of 18.11.1998 38 in Writ Petition 2754 of 1997 regarding Heritage List and Heritage Regulations ANNEXURE 3 Model Regulation for Conservation of Heritage Sites 39 (both natural and man made) ANNEXURE 4 Preliminary Suggested Draft Model Heritage Conservation Bill 49 ANNEXURE 5 Extract regarding Heritage Conservation 58 Notification of 17th January 2001 regarding Mahabaleshwar Panchgani Eco Sensitive Zone ANNEXURE 6 Additional Features of Eco Sensitive Zone Notification 59 ANNEXURE 7 Draft Model Notification for Declaration of Areas as 60 Environmentally Sensitive Areas ANNEXURE 8 Draft Model Notification for Conservation of Hill Stations 68 ANNEXURE 9 List of Cantonment Towns 76 ANNEXURE10 Extracts from Cantonments Act 2006 78 regarding heritage conservation ANNEXURE 11 Extracts from CRZ Notification of 19th February 1991 79 (as amended) issued by Ministry of Environment & Forests of Government of India ANNEXURE 12 List of Heritage Sites specifically declared as CRZ 80 by Ministry of Environment & Forests as per the Coastal Regulation Zone Notification ANNEXURE13 Extract from CRZ Notifications of 19th February 1991 and82 April 2003 regarding Archaeological and Heritage Buildings ANNEXURE 14 Extracts from the Bombay High Court Order of 84 5th May 2004 delivered by the Honourable Mr. Justice C. K. Thakker (Chief Justice) and the Honourable Mr. Justice Dr. D.Y. Chandrachud in Writ Petition 1132 of 2002 and other matters (Dr. Anahita Pandole Versus State of Maharashtra & Others) relating to Draft Heritage Lists, Powers of Heritage Conservation Committee & Hoardings ANNEXURE 15 The Hindu, Hyderabad edition 90 ANNEXURE 16 International Conventions and Charters 91