No construction or addition to existing structure at Mehrauli Archaeological Park: SC

The court was hearing appeals challenging the February 8, 2024 order of the Delhi High Court in a matter related to protection of some ancient religious structures in Mehrauli and Sanjay Van.

The petitioners sought directions to the Delhi Development Authority to desist from demolishing the Ashiq Allah Dargah, believed to date back to 1317 AD, including the ‘chillagah’ of Sufi saint Baba Farid, and other surrounding historical monuments.

The HC, while disposing of the plea, had said, “… apprehension of mindless demolition expressed by petitioners is misplaced, as according to the Supreme Court judgment, religious structures such as those mentioned in the writ petition can be demolished only after taking prior approval from the religious committee, which is headed by the L-G of Delhi. Thus, there is adequate safeguard inbuilt into the system.”

It also pointed to fresh constructions and renovations of existing structures in the area and their occupation by some families.

Hearing the appeal against this, the SC had sought status reports from the ASI and the National Monument Authority.

On Friday, the CJI, after perusing the interim report, said: “There is some alteration, which has been done because the roof, which is now there is the modern roof, it’s not the old gumbad roof.”

The ASI counsel then said that he will file a comprehensive report.

The CJI pointed out that the issue also pertains to encroachers setting up shops near the structure.

Advocate Nizam Pasha, appearing for another petitioner, said it was not the ASI’s case that the structures were being encroached upon. He added that it was not a protected monument and hence, repairs are not prohibited.

The CJI, however, added, “The more you argue this, the more difficult position you get into, because how did you carry out such largescale renovations without permission etc…”