Gujarat HC: Safety Repairs to Dilapidated Building Cannot Be Treated as New Construction

The Gujarat High Court has ruled that necessary repairs carried out to make a dilapidated building safe cannot be treated as new construction under the Ancient Monuments and Archaeological Sites and Remains (AMASR) Act. The court said criminal action cannot be taken merely because such safety repairs were carried out near a protected monument.

The court clarified that repairs to an old building within 300 metres of a protected monument would be considered restoration if they do not change the existing structure, height or area of the building. Such work cannot be treated as prohibited construction under the AMASR Act.

Building Located Near Protected Monument

The case relates to a building in the Khadia area of Ahmedabad, located around 100 metres from the protected Rani Sipri Mosque. An FIR was registered against the petitioner under the AMASR Act over allegations that the building was constructed without permission from the Archaeological Department.

AMC Had Declared Building Dangerous

Challenging the FIR, the petitioner approached the High Court and said that no new construction had been carried out. The petitioner pointed out that the Ahmedabad Municipal Corporation (AMC) had already declared the building dilapidated and dangerous and had issued a notice for necessary repairs to ensure safety.

The High Court observed that safety-related repairs and restoration of an existing building are different from constructing a new building. If the existing structure, height and area remain unchanged, such repair work cannot automatically be considered prohibited construction under the AMASR Act.

The ruling provides clarity on the treatment of repairs to old and unsafe buildings located in controlled areas around protected monuments. The court held that necessary restoration work, when carried out without altering the existing structure, cannot by itself be treated as a criminal offence under the Act.