The Delhi High Court on Wednesday directed the Central government to seek instructions on an application, which alleged that the Archaeological Survey of India (ASI) has not entertained the representation over encroachments/illegal constructions in and around the historical monument ‘Lal Gumbad’.
The High Court passed the instructions and listed the matter for hearing on December 14.
The Counsel appearing for the applicant informed the Bench that no survey has been conducted, despite an order passed in this direction by the High Court on September 15, 2021.
In September last year, the Division Bench of Chief Justice D.N. Patel and Justice Jyoti Singh had asked the ASI and the Delhi Development Authority (DDA) to treat a plea seeking the preservation of Lal Gumbad, a pre-Mughal era protected monument, as a representation. The monument lies near Malviya Nagar area in the national capital.
The High Court had then disposed of the plea filed by one Sudhir Gupta, alleging illegal encroachment and construction around the vicinity of the monument. The Bench was not inclined to allow the matter without impleadment of owners/occupiers, who were alleged to have raised illegal super-structures around the said monument.
As per the High Court, “The basic grievance ventilated in the petition is about the removal of encroachment and preservation of monument Lal Gumbad on Field No 84 of Sarai Shahji Village, New Delhi, as it stood in 1918… It appears that without joining the persons who are owners/occupiers of the so-called illegal construction, the present petition has been preferred. Therefore, this Court is not inclined to give specific direction to the respondents to remove or demolish the particular construction.”
Nonetheless, the Bench asked the concerned respondent authorities to treat the petition as a representation and decide the same after giving an effective remedy of being heard to the affected parties, as expeditiously as possible and practicable.
“We also direct the concerned respondent authorities to remove the illegal encroachment, if any. The concerned respondent authorities before removal of the encroachment, shall give an effective opportunity of being heard to the owners/ occupiers of the super-structures which in opinion of the respondents are required to be removed,” it had added.
Filed through Advocate Arjun Mitra, the plea had sought calling of the records pertaining to the notification by which Lal Gumbad was declared to be an ancient monument; and a direction to ensure that all encroachments in respect of the monument were removed in accordance with law.
The plea further sought direction to ensure that due action was taken in accordance with law, in respect of constructions that have come up around the monument and have the same removed.