Section 10 of AMPA : Section 10: Compulsory Purchase Of Ancient Monument

Explanation using Example

Imagine there is an ancient temple, the Shiva Heritage Temple, which is recognized as a protected monument under the Ancient Monuments Preservation Act, 1904. The temple has developed significant cracks in its structure, and parts of the carvings on the walls are eroding due to neglect and lack of maintenance. Concerned historians and archaeologists alert the Central Government about the temple's deteriorating condition, fearing that it might collapse if immediate preservation measures are not taken.

The Central Government, upon assessing the situation, deems the temple to be in danger of being destroyed or falling into decay. To ensure the temple's preservation, the government decides to invoke Section 10 of the Ancient Monuments Preservation Act, 1904. They issue a directive to the State Government to acquire the temple and the land surrounding it using the powers granted under the Land Acquisition Act, 1894, treating the preservation of the temple as a "public purpose."

However, before proceeding with the acquisition, the government notes that the temple is not used for religious observances periodically and there is no existing agreement under Section 5 of the Ancient Monuments Preservation Act, 1904. As there are no exceptions as per sub-section (2), and the owner of the land has failed to enter into an agreement for the temple's upkeep within a reasonable period set by the Collector, the government proceeds with the compulsory purchase to save the Shiva Heritage Temple.