Supreme Court directs ASI supervision of Mehrauli monuments; no additions, alterations permitted

The Supreme Court on Tuesday directed the Archaeological Survey of India (ASI) to consider overseeing the preservation, upkeep and repair of historical monuments located in Delhi’s Mehrauli [Zameer Ahmed Jumlana vs Delhi Development Authority and ors].

A bench of Justice BV Nagarathna and Justice R Mahadevan also directed that no construction, additions or alterations should be made in the area without permission from the Court.

The Bench was hearing pleas challenging Delhi High Court order that had refused to direct the DDA to refrain from demolishing two monuments - the 13th century Ashiq Allah Dargah and Chillagah of Baba Farid in Sanjay Van.

The Ashiq Allah Dargah is a revered living dargah and historical monument constructed by Sultan Qutbuddin Mubarak Shah Khilji in 1317 to honor Sheikh Shahabuddin (who was popularly known as Ashiq Allah.)

Baba Farid was a revered Sufi saint who used the structure at Mehrauli for meditation.

Advocate Nizam Pasha, appearing for appellants, highlighted that the ASI had already identified the Dargah as dating back to the 12th century and therefore, there was no basis for placing weight on the views of a religious committee.

He clarified that although the structure was of historical significance, it had never been officially notified as a protected monument. Pasha also noted that the placement of modern tiles had led the Delhi High Court to doubt its antiquity.

Appearing for the Delhi Development Authority (DDA), advocate Nitin Mishra submitted that the location formed part of a designated forest area. He explained that the Authority’s concern was limited to additional or incidental constructions around the Dargah.

Mishra added that the DDA would comply with any directions issued by the ASI, making clear that the Authority would safeguard whatever the ASI requires it to be preserved.

After considering the report and affidavit submitted by the ASI, the top Court reiterated its February 28 order, making it clear that no construction, additions or alterations could be carried out in the area without the Court’s approval.

“There shall be no construction, additions, or alterations within the area," Justice BV Nagarathna said.

The Court further directed that the ASI should take under its consideration the supervision of the monuments, particularly in matters of repair and renovation.

"We dispose of these appeals by observing that the ASI should take under its consideration the supervision of monuments in question in the matters of repair and renovation," Court noted.

Accordingly, the appeals were accordingly disposed of.

Apart from Advocate Nizam Pasha, advocate Talha Abdul Rehman also appeared for appellants.

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