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![Legal context of Heritage
• 'THE PUNJAB ANCIENT AND HISTORICAL MONUMENTS
AND ARCHAEOLOGICAL SlTES AND REMAINS ACT, 1964.
• 'ancient and historical monument' means
• -any structure, erection or ,monument, or
• - any tumulus or place of internment, or
• any cave, rock- sculpture, inscription or monolith,
• which is of historical, ‘archaeological or artistic interest and
• which has been in existence for not less than one hundred years and
includes-
• (i) remains of an ancient and historical monument ;
• (ii) ‘ site of an ancient and historical monument ;
• (ii] such portion of land adjoining the site of an ancient and historical
monument as may be required for fencing or covering in
• or otherwise protecting such monument ; and
• ... (iu) the means of access to, and convenient inspection of, an ancient and
historical monument ; but does not include any ancient or historical
monument declared by or under law made by parliament to be of national
importance ;](https://image.slidesharecdn.com/heritage-230614142244-27a115f7/75/Role-of-Heritage-in-Urban-Planning-11-2048.jpg)
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Role of Heritage in Urban Planning
- 1. Role of Heritage inUrban Planning J.K.Gupta EX- Director COA-IETBhaddal, [email protected] M- 90410-26414
- 2. Cities and theirContext • Cities have been part of human history. • - Cities-have existed in the past, • continue to exist now and • shall continue to dominate in future • Cities- known to command power and authority • Cities -- known to be areas of concentration of population/ , infrastructures, • Cities-are physical manifestation of history and culture • Cities -- known to be areas of concentration of art and architecture • Cities -- known to be repositories of Heritage • Cities- known to be incubators of- innovations, industry, technology, entrepreneurship and creativity.
- 3. Cities and theirContext • Cities - are materialization of humanity’s noblest ideas, ambitions and aspirations, • Cities- remain a manmade , mechanical habitat • Cities- are known to be anti-thesis to bio-diversity • Cities- when not planned or governed properly, can be repository of society’s ills. • Cities- known to destroy natural habitat • Cities- known to destroy built heritage • For remaining sustainable , safe, livable, inclusive and culturally vibrant • Cities – need to preserve Heritage- both natural and manmade • Cities – need to be planned , designed, constructed and management- to preserve nature, bio-diversity, Heritage.
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- 5. INTRODUCTION • Heritage –reflectsthe soul of a city • - showcases past glory of the local community/area • -gives distinct Identity, Character to settlement -- Makes Value addition to the settlement -- provides Sense of Pride to community city/ State -- showcases culture ,way of life, art & architecture - creates-- Vital link between past & present - -demonstrates skill in town planning; construction, --promotes development, employment ,economy, -- removes poverty ; generates prosperity; --promotes tourism, leisure, recreation, skill, - Connects different societies and culture • India- with 5000 years history, -- inherited enormous wealth of natural &built environment. • Heritage needs conservation & preservation - carefully and thoughtfully. SDGs Target 11.4 -- “Strengthen efforts to protect/ safeguard world’s cultural and natural heritage”
- 6. INTRODUCTION Heritage –as a concept/approach- remains dynamic in nature , ever evolving, ever devolving, never static, never finite. Concept moved from–, monument-centric, Tangible heritage; separating past from present. to -- vernacular structures/ historic urban areas/ cultural landscapes - intangible heritage, linking past with present. Protection not limited to-- preservation but continuing past into future. -- pitting heritage conservation not against development, but making integral part of sustainable development. Considering challenges posed by-- rapid urbanization, disasters caused by natural/ manmade hazards / impacts of climate change
- 7. Heritage- Role andImportance • Heritage - invariably holds local/ global context. • - remains essential part of present we live in and –of future we propose to build. - loss, destruction/decay impoverishes communities, societies, nations and humanity. valuation, preservation/protection / conservation remains agenda for all human beings / nations. - holds intrinsic value for present / future generations. -- helps revitalizing local economies, - leads to well-being /security,- through broad community participation and involvement. -generates large job opportunities and poverty alleviation
- 8. Understanding Heritage • Anythingtransmitted from past/handed down by tradition. more than preserving, excavating, displaying, restoring a collection of old things more than just tangible assets - physical buildings. includes both tangible / intangible heritage resources Includes both historical, natural and cultural assets includes natural sites or precisely delineated natural areas of outstanding universal value in science, conservation or natural beauty Includes public/ private 'domestic' assets - dance, music, art, festivals, dresses, food, expressed through festivals, market fairs, exhibitions, competitions etc Includes full range- inherited traditions, monuments,
- 9. Typology of Heritage International treaty; ‘Protection of the World Cultural and Natural Heritage’, adopted by UNESCO in 1972; defines heritage in two different /distinct categories; Natural Heritage -Culturally significant landscapes and biodiversity. Cultural Heritage.– includes Tangible culture; buildings, monuments, landscapes, books, works of art and artefacts, intangible culture includes; -folklore, traditions, language, knowledge , Mixed sites- where both Cultural and Natural
- 10. Legal context ofHeritage • Conservation / preservation of heritage -- governed by law of land. • Constitution of India remains apex law of India. • Looking at role/ importance of heritage; Constitution made several provisions for preserving/ protecting country’s heritage. • Article 29 of Indian Constitution -protects right to distinct language, script or culture of any community. • Article 51 casts duty-- on every citizen of India to value / preserve • -- rich heritage of our composite culture; • -- protect /improve natural environment including forests, lakes, rivers wild life, • -- have compassion for living creatures, • Article 49 - provides for protecting country’s built heritage from spoilation, disfigurement, destruction, removal, disposal or export. • States; • -- also created a dedicated legal framework; • -- for protecting / preserving the heritage. • -- Heritage conservation Regulations - also evolved/made operational • -- at city level, to identify / safeguard valuable heritage.
- 11. Legal context ofHeritage • 'THE PUNJAB ANCIENT AND HISTORICAL MONUMENTS AND ARCHAEOLOGICAL SlTES AND REMAINS ACT, 1964. • 'ancient and historical monument' means • -any structure, erection or ,monument, or • - any tumulus or place of internment, or • any cave, rock- sculpture, inscription or monolith, • which is of historical, ‘archaeological or artistic interest and • which has been in existence for not less than one hundred years and includes- • (i) remains of an ancient and historical monument ; • (ii) ‘ site of an ancient and historical monument ; • (ii] such portion of land adjoining the site of an ancient and historical monument as may be required for fencing or covering in • or otherwise protecting such monument ; and • ... (iu) the means of access to, and convenient inspection of, an ancient and historical monument ; but does not include any ancient or historical monument declared by or under law made by parliament to be of national importance ;
- 12. Basic Concepts inHeritage Conservation;-- means all the processes of looking after a place to retain its cultural significance Maintenance; means - continuous protective care of a place, and its setting. -Maintenance different from repair which involves restoration or reconstruction Preservation;- maintaining a place in its existing state and retarding deterioration. Restoration; means returning a place to a known earlier state by removing accretions or by reassembling existing elements without the introduction of new material. Reconstruction; means returning a place to a known earlier state and is distinguished from restoration by introduction of new material. • Adaptation; means changing a place to suit the existing use or a proposed use
- 13.
- 14. Issues Facing Heritatge •UNESCO describes factors which pose major problems to World Heritage . • Armed conflict and wars • earthquakes &other natural disasters, • pollution, • poaching, • uncontrolled urbanization • unchecked tourist development
- 15. Issues Facing Heritage •Built heritage under enormous threat due to : - lack of identification of heritage - prevailing Legal Framework - - Low priority to heritage -Constant neglect & misuse of identified heritage - Rapid urbanization -- haphazard & uncontrolled urban development. -Unregulated subdivision of land/ buildings - - Change of land use - - Heritage not made integral part of planning process - -Absence of use of technology in mapping heritage - Vulnerability to disasters manmade/natural- fire/earthquake ( Sendai framework-Disaster Risk Reduction)
- 16. Issues Facing Heritage --Rapidcommercialization. - Large scale speculation in land -rapidly rising real estate prices. - low heritage related capacity at local level - Limited availability of technical courses in Heritage - Low availability of trained manpower - Limited understanding of role/importance of heritage - Lack of Understanding at ULB level -Lack of resources- financial& Technical • -- Inadequate innovative strategies/ policies. • Non-involvement of communities- • Making Heritage Government Led Program • -- Multiplicity of agencies involved - lack of co-ordination • -Inadequate manpower for construction/restoration
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- 18. OPTIONS--REDEFINING /MAPPING HERITAGE •--Majority of heritage lost due to lack of identification • - Linking Heritage to time scale;100 years- reason for excluding large Heritage created during last 100 years • -Heritage needs re-definition with precise / detailed guidelines • -- well defined process and machinery for identification • --involving trained manpower • -- Need Capacity building at national/state /local levels • ---Indian heritage largely building specific • -- Scope needs to be widened to include; natural/Cultural resources; urban spaces, bazaars, complexes etc • --Concept enlarged to include heritage zones • -Modern heritage needs Recognition- Capitol of Chandigarh • -- Walled cities pan India- to be declared as heritage zone
- 19. Strategies- making Heritage partof urban planning
- 21. Making Heritage Partof Planning process
- 22. Making Heritage Partof Planning process • Heritage suffered from haphazard/ unplanned development • Lack of focus on conservation - in urban planning • Effective heritage management requires – making Heritage integral part of settlement planning. • Regional Plans Master plans/ Development Plans to; • -- identify heritage areas/zones/buildings in planning area • - Identify areas of natural bio-diversity, flora/fauna • -- prepare inventory of manmade/natural heritage, tangible, intangible • -- Carry out detailed study and analysis • -- define strategies - to preserve, conserve/ promote/ manage heritage • --frame dedicated schemes for heritage areas development • -- Enlarge scope of Town Planning laws to provide for Heritage conservation as priority area
- 23. Making Heritage Partof Planning process • Regional /Master Plans- a dedicated a Chapter on Heritage Enlarge scope of Town Planning laws to provide for Heritage conservation as priority area • Mandatory to Include- Heritage/conservation expert in MP • Regional /Master Plans- a dedicated a Chapter on Heritage • Define guidelines for - planning / development of area in vicinity of heritage • -Defining detailed guidelines for • - maintaining character of buildings • -making additions/alterations • - use of building materials • - use of Construction technologies • -changing use of buildings • - sub-division of properties • - promoting accessibility • - creating supportive activities
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- 25. Making Heritage Safe •Disasters- both natural/ manmade • -threaten integrity of Heritage • -- compromise their value • -- leads to loss or deterioration outstanding properties • - negatively impacts -- local / national communities, cultural importance, socio-economic value. • For promoting Safety of Heritage — • --promoting Understanding disaster risk • -Strengthening disaster risk governance/build culture of prevention • --Investing in disaster risk preparedness/promoting resilience • Enhancing disaster preparedness for quick response • -- “Build Back Better” in recovery, rehabilitation and reconstruction
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- 27. Involving Communities • Ignoringcommunities/ public participation-root-cause of damage/ destruction of valuable heritage • - Moving Heritage management from government led to people centric-- key to success • - People legitimate owners- communities see heritage as a “good thing to have”- need active involvement • Involving communities through -- Holding public meetings • -- making people part of discussions • ‘listening to’ and giving voice to people • Holding workshops/ Heritage Exhibitions/using print media • -Organizing Heritage Marches/ competition/ asset mapping • - bringing leaflets, maps / brochures, highlighting heritage • --Involving local educational institutions/students in heritage management • -- training local inhabitants as tourist guides
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- 31. Involving academic/ professionalinstitutions • - Heritage suffered due to inadequate trained manpower • --low priority to heritage-- in institutions imparting education in Architecture/ Planning /engineering • - Planners/ Architects /engineers role critical in heritage • -- few institutions run specialised courses in heritage • --Need to make heritage integral part of study in school/ colleges/technical institutions • -Starting undergraduate/Master level courses on heritage preservation/management in IIT’s/SPA’s/NIT’s • Involving institutions– ITPI/ IIA/ Institute of Engineers/ INTACH/ Voluntary agencies/NGOs/ civil society/pressure groups-- for safeguarding/promoting heritage. • -Sensitizing in-service /professionals-architects/ planners /engineers/students -- by making heritage part of study curricula/holding seminars / workshops/awareness/onhand
- 32.
- 33. Redefining Legal Framework &Development
- 34. LEGAL FRAMEWORK &DEVELOPMENT REGULATIONS : • Existing legal framework related to planning, development / management of human settlements - done more harm than good to heritage management. • Town Planning laws -need review, redefinition on priority- for making them heritage friendly • Master Plans/Regional Plans to focus on heritage conservation • Development schemes -- define agenda for heritage conservation • Considering critical role of development control, zoning/ regulations/ bye-laws -- in heritage conservation • .-- -- Define controls sensitive to heritage • -- based on study/ analysis • Concept of Listed buildings -- included in legal framework to identify/ preserve heritage
- 35. COLONIAL ARCHITECTURE GATEWAY OFINDIA HOTEL TAJ MUMBAI Constituting Heritage commissions/committees
- 36. CONSTITUTING HERITAGE COMMISSIONS/BOARDS/COMMITTEES • States --to constitute heritage commission /Heritage Boards at the state levels • - Creating dedicated cell in ULBs - metro/heritage cities for • - for Identification/Mapping of Heritage- • - aiding, advising, assisting / guiding state government /local governments • - evolve policy framework for identification, notification, preserving and managing heritage in state • Heritage Identification- using concept of listed buildings. • Having heritage experts -- posted in Planning development authorities/agencies-- town planning /architecture/PWD/Archeology departments • -State archeology department to be headed by trained professionals instead of bureaucrats • - Implementing 74th Constitutional Amendment Act-
- 37. JAIN ARCHITECTURE DILWARA TEMPLE Creatinga dedicated Heritage Fund
- 38. Creating Heritage Fund •Heritage management- a resource intensive activity. • Heritage management Suffered- Non-availability of dedicated resources Generating resources for heritage by • -- Creating dedicated fund at National/State / Local level. • involving Corporate Sector • --Involving Artists / Professionals for raising funds for promoting heritage. - - using Part of tourism earning – Starting Heritage lottery - levying heritage Cess on tourists – earmarking fund in budgets of ULB,s/ Dev. Authority – -- Promoting public –private partnership. – involving industries -in maintenance / upkeep – Making Heritage conservationpart of External Development Charges--making heritage conservation part of CSR activities
- 39. MADURAI TEMPLES MEENAKSHI TEMPLE 16thCentury Dedicated to Parvati Capacity Building
- 40. Capacity Building • Absenceof Nodal Agency on heritage in states/local level • Poor capacity of stakeholders- financial/technical • Effective heritage management– needs creating appropriate capacity at local, state /national for ; • - identification/conservation of heritage • -- Promoting Research and Development • -making available appropriate literature • -- learning good practices, • -- imparting hands on training, • -- learning from case studies/ communication tools • - engaging local stakeholders – owners of heritage houses, • --Involving experts, educational institutions, artists and craftsmen
- 41.
- 42. Role of Technologyin Heritage
- 43. • Role ofTechnology in Heritage • Technology transforming- • -Identifying Heritage, Documentation, Conservation • -Promoting Heritage • Mapping Heritage-Managing the heritage • -Planning and developing Heritage Area • Understanding How people interact with history & heritage, • providing insight into past. • Unfolding Heritage • Dissecting Heritage- Mapping inside of built environment/ natural environment • deciphering ancient manuscripts with image processing • 3D modelling of priceless artefacts, • bringing people closer to past • -Connecting people with heritage • - widening horizons of millions. • Digitization of documents- for preservation; accessibility with museums, libraries/ ensuring - accessibility for generations
- 44. • Technologies --MobileTechnology- Rapid Impact Assessments of heritage sites in conflict zones –Iphone • Space Archaeology --Using satellite-based topographic imagery from NASA- mapping historical shifting of Nile River/ discovering site once Ancient Egypt’s capital city, Tanis. • Soil Resistivity-- Electric resistivity - best way to know composition of what’s beneath the ground • Remote sensing techniques / ground-penetrating radar - look for cavities in buildings/ pyramids – mapping interior architecture of pyramids/buildings -whether they housed tombs kings. • Drones- Used extensively being less expensive,- discovering new sites, monitoring looting /environmental threat/ combatting mismanagement. • Robots- understanding past– how Stone Age-era humans used the made • GIS- used for Heritage documentation, conservation, communication, understanding spatial context of events, buildings/cities , planning, mapping development, connecting
- 45. Heritage City Developmentand Augmentation Yojna- HRIDAY
- 46. Heritage City Developmentand Augmentation Yojna- HRIDAY • • HRIDAY strategized efforts like; -- planning, development, implementation ,management of heritage cities -- in partnership with State Governments -- to Preserve / revitalise-- soul of heritage city -- to reflect city’s unique character-- by encouraging -- aesthetic based, accessible, informative & secured environment. -- undertaking strategic / planned development of heritage cities --improving overall quality of life with specific focus -- on sanitation, security, tourism, heritage revitalization / livelihood -- retaining city’s cultural identity. Duration of HRIDAY scheme --- 4 years starting January 21, 2015 Scheme focused on development of twelve heritage cities namely; 1. Ajmer 2. Amravati 3. Amritsar 4. Badami 5. Dwarka 6. Gaya 7. Kanchipuram 8. Mathura 9. Puri 10. Varanasi 11. Velankanni 12. Warangal HRIDAY need to be continued-- extended to all cities - making part of smart city /urban development /AMRUT
- 47. COLONIAL ARCHITECTURE VICTORIA HALLKOLKATA SECRETARIAT- MODERN HERITAGE Evolving Comprehensive Conservation Heritage Strategy
- 48. Evolving Conservation HeritageStrategy
- 49. Evolving Conservation HeritageStrategy • Comprehensive Conservation Heritage Strategy should stand on four distinct pillars of • -- promoting Understanding -- Ensuring Positive Action, • -- Developing Partnerships -- Promoting Best Practice. Conservation / Heritage Strategy must revolve around; • -- Creating Effective/efficient/ heritage friendly legal framework for identification/conservation of heritage • --Making heritage people centric - involving communities • --Promoting partnerships between different stakeholders • -- Creating awareness / appreciation of value of heritage assets • -- Making heritage management part of planning /development process • -- Incentivising conservation /promoting / monitoring/reviewing heritage sites on regular basis.. • -- Organising exhibitions/conferences /workshops at Heritage sites • -- Synthesising historic resources with economic development strategies. • - Avoiding commercialization of heritage over conservation values.
- 50. Evolving Conservation HeritageStrategy • Leveraging heritage for generating employment , reducing poverty. • --Building institutional capacity -in heritage planning/ management • -- Promoting active re-use of heritage buildings-Palaces/ hotels/ museums --for larger public use / making value addition to heritage • -- generating resources for maintenance & upkeep. • Promoting best practice for- preservation , conservation and management of heritage sites • -- Promoting partnership -- between public, private and voluntary sectors • - Promoting actions / initiatives -- to ensure preservation / enhancement of heritage assets • --Fostering continued use/ enjoyment /access to diverse historic assets • - ensuring contribution to quality of life present / future generations. • --Developing short, medium / long term targets-- within available resources
- 51. Evolving Conservation HeritageStrategy • Creating a dedicated fund for heritage management at local/ state and national level. • Creating large reservoir/pool of trained manpower for heritage conservation. • Improving communication • --Making heritage integral part of teaching- learning process • -Making people believe that development and heritage are positively co-related -- for promoting • -- economy • -- quality of life, • -- removing poverty • Promoting participative governance -- by empowered local communities in the planning / implementation /promoting vigilance of the heritage sites • Creating local ownership among communities-- by holding festivals etc • Making rational choices of combining-- restoration, rehabilitation/ preservation for promoting valuable heritage.
- 52. Evolving Conservation HeritageStrategy – Making - heritage protection not an impediment – – but a pre-condition for economic/sustainable development • --Developing a culture of participative, Collaborative decision making • – moving towards good-governance - Adopting Globally good practices with appropriate modifications Help building urban identity / pride in residents. -Going beyond just resorting / preserving historical assets, --lead to well-being / security, through broad community participation and involvement. -Using/leveraging Technologies in identification/mapping/ evaluating/ preserving/managing heritage - help achieving SDGs Target 11.4 – --“Strengthening efforts to protect / safeguard world’s cultural and natural heritage”
- 53. Evolving Conservation HeritageStrategy • - creating dedicated cells/ framework in; • -- all planning/development agencies • -- for identification of heritage.— • -- aiding, advising, assisting& guiding development agencies on heritage /conservation. • integrating efforts made by all stake-holders –and bringing them on board all--- parastatal agencies, individuals, institutions , NGOs/CBOs engaged in heritage • -- for preparing comprehensive vocabulary of heritage • Co-operating/collaborating with local/global agencies for financing/ learning new typologies/innovations in conservation • --Making India -globally recognized resource/ repository of Heritage Management and preferred tourist destination with high degree of sensitivity / commitment to Indian