Existing Houses Near Kumbhalgarh Fort Can Be Repaired, Expanded; No New Construction On Fresh Foundations: Rajasthan High Court
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 division bench of Acting Chief Justice Sanjeev Prakash Sharma...
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 division bench of Acting Chief Justice Sanjeev Prakash Sharma and Justice Bhuwan Goyal observed that residences in forts are not a new feature in Rajasthan and that people residing in and around forts for centuries cannot be ousted by refusing permission to carry out repairs and expansion.
The Court however clarified that its observations did not permit fresh construction involving new foundations.
"While, it should not be mistaken to mean that archaeological sites should not be protected but if separate houses are existing adjacent to or appurtenant to an archaeological site, they need to be given due protection...In the garb of such protection, it should not be misunderstood by the State that new constructions should be permitted in the area. Any new construction, where foundation is constructed, shall not be allowed. However, existing houses standing with old foundations would be repaired and further constructions thereon would also be permitted," it observed.
For context, the Court was hearing a PIL in which the petitioners, residents of Village Gawar in Kumbhalgarh, alleged that they were not being permitted to repair their houses or construct additional rooms to accommodate growing families, despite the constructions being within the residential abadi area of the village.
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.
The Court noted that residences in the Fort in Rajasthan is not a new feature and thus permitted repair and expansion however, "before making any such additional construction, the concerned person shall obtain the requisite permissions in accordance with the applicable building norms. It is made clear that this shall, in no manner, permit any encroachment upon the existing archaeological site."
Accordingly, the PIL was disposed of.
Title: Vikram & Ors. v Union of India & Ors.
Citation: 2026 LiveLaw (Raj) 328