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The directions were issued by the court on a plea filed by INTACH. (Source: Reuters photo)
The Delhi High Court on Wednesday directed the Delhi government to carry out demarcation of land and monuments in Mehrauli Archaeological Park to ensure that the restoration and upkeep work being done by the Archaeological Survey of India (ASI) and Indian National Trust for Art and Cultural Heritage (INTACH) can proceed smoothly.
The directions were issued by the court of justices Badar Durrez Ahmed and Sanjeev Sachdeva on a plea filed by INTACH claiming that the early medieval-era monuments in the area were being “defaced and encroached upon”.
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“Delhi government, through SDM, to carry out demarcation of the park with co-operation by the Delhi Development Authority and the Waqf Board,” the court said. The demarcation report is to be submitted to the court by August 5.
The court also took note of the submissions made by the Waqf board, which had said that several parts of the “archaeological park” fell under Waqf property. The counsel for the board also asked the court to ensure that there was “no interference” with the possession by the Waqf. “The ASI work will be limited to the restoration. No official, including those of the Waqf board, shall disturb the renovation work,” the court said, while clarifying that the issue of restoration of the “defaced” monuments was separate from ownership of the property.
“Let us understand one thing. If a Waqf property also happens to be a very important heritage building, then the mutawalli of the property cannot come and say you can’t restore it,” the bench said.
The issue of “possession” was brought up by the counsel for the Waqf board, which claimed that the dargah next to the Tomb of Khan Shahid, was a functional living Dargah being administered by the board. It has also claimed that the tomb itself was Waqf property.
The court also said “no construction will be permitted” in the area except for the restoration work.
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