The Delhi High Court recently constituted a committee to oversee the removal of encroachments and illegal constructions near the Tughlaqabad Fort in South Delhi, while ensuring the rehabilitation for residents who may be displaced in the process [SN Bhardwaj Advocate v. ASI and connected matters].
In the September 24 order, a Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela called for a survey of the area to detect encroachments so that the same may be removed.
It said that officials of the Central government, the Delhi government, the Archaeological Society of India (ASI), the Delhi Development Authority (DDA), the Municipal Corporation of Delhi (MCD) and related bodies should conduct this survey jointly and come out with a policy decision for the removal of illegal constructions at the site and to rehabilitate residents who may be displaced.
The Court proceeded to constitute a committee with various officials from these authorities to oversee this process.
The Court was hearing a batch of petitions concerning the protection and preservation of the Tughlaqabad Fort.
The Court observed that as per a demarcation report from the ASI, there were no encroachments inside the monument. However, it was noted that were substantial encroachments outside the boundary wall on the land given to the ASI in 1993.
The Court observed that the Tughlaqabad Fort an ancient monument of national importance and reflects India's heritage and hence, needs to be preserved.
"These encroachments will have to be removed, not only to ensure that the mandate of 1958 (Ancient Monuments and Archaeological Sites and Remains) Act is followed but also to ensure that our historic heritage and ethos is preserved for posterity," the Court stated.
The Bench acknowledged that the removal of encroachments from the area also involves the displacement of residents who may have lived in the area for a long time. Such residents will have to be rehabilitated, it said.
"Such removal of encroachment shall entail a human problem that also needs to be solved by all the authorities, including, Central Government, State Government, Archeological Survey of India and other related bodies, municipal bodies," the Court said.
Hence, the Court constituted to oversee the process while focusing on both the removal of encroachments as well as the rehabilitation of those who may be displaced in the process.
The committee will include the Secretary of the Union Department of Housing and Urban Affairs (Chaiperson), the Director General, of the ASI, the Secretary of the Delhi Department of Housing and Urban Development, the Commissioner of the MCD, the Delhi Police Commissioner, the Vice-Chairman of the DDA, the Divisional Commissioner of the Delhi Revenue Department and any other member that the committee may wish to appoint.
"The aforesaid Committee while deliberating issues and suggesting policy decision shall also consider various Government Schemes for rehabilitation including the Pradhan Mantri - Unauthorised Colonies in Delhi Awas Yojana as well," the Court added.
The Court further directed the Chairperson of the committee to submit an affidavit on the progress of the committee's work by December 3, when the case will be heard next.
Notably, the Court also recounted that the Central Bureau of Investigation (CBI) had earlier initiated a probe into unauthorised construction near the Tughlaqabad Fort. The Court has now sought information on the progress of this probe as well.
"It appears that the matter at some stage was taken up by CBI. Nothing is known of the outcome of the issue taken by CBI. We thus require the counsel representing CBI to seek instruction as to the outcome of the proceedings initiated by CBI," the Court directed.
Senior Advocate (Amicus Curiae) Dayan Krishnan with advocates Sanjeevi Seshadri, Sukrit Seth, Shreedhar Kale, Aditya Rajgopal and Radhika Yadav appeared on behalf of the petitioners.
Additional Solicitor General Chetan Sharma with Central Government Standing Counsel Amit Tiwari and advocates Amit Gupta, Ayush Tanwar, Ayushi Srivastava, Arpan Narwal, RR Prabhat, Vinay Yadav, Shubham Sharma, Naman and Yash Wardhan Sharma appeared for the ASI.
Standing Counsel Sanjay Katyal with advocate Ritika Bansal appeared for the DDA.
Standing Counsel Anand Prakash with advocates Varsha Arya, Satbeer and Sanjay appeared for the MCD.
Senior Advocate Sandeep Sethi with advocates Anupam Varma, Nikhil Sharma and S Akshata, appeared for Bombay Suburban Electric Supply Rajdhani Power Limited.
[Read order]
[Read live coverage]