Lok Sabha Question No. 396 (UNSTARRED), answered on 2026-02-02
Subject: Prevention of Illegal Construction in Protected Zones under ASI
Ministry: CULTURE
Asked by: Shri Captain Viriato Fernandes

## 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)& (b) On noticing the illegal structure at Chapel of St. Cajetan and Arch of Viceroy's, Old Goa, 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  by

delineating 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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