Prior permission of ASI for any construction work within 500m of Taj Mahal

Background

The appellant had wanted to know if permission of the Archaeological Survey of India (ASI) was necessary to erect a temporary mobile tower within 300 m of the outer perimeter of the Taj Mahal. The Public Information Officer (PIO) stated that prior permission of the ASI would be necessary to undertake any such activity within 500 m of the outer perimeter of the Taj Mahal. On appeal, the First Appellate Authority endorsed the position taken by the CPIO while explaining the different permissions that would be necessary.  The appellant argued that the PIO had cited no notification or government order in support of his claim.

View of CIC

The Central Information Commission (CIC) noted that PIO had not disclosed any legal provision or notification of the appropriate government laying down such restrictions. The Commission directed the PIO to send to the appellant the photocopy of any notification, legal provision or court order under which the above restriction of 500 m has been laid down against undertaking any construction work, permanent or temporary.

Citation: Mrs. Sarla Devi Kothia v. Archaeological Survey of India in File No.CIC/SM/A/2011/001469