Tussle over ASI plot near Humayun’s Tomb extended as HC offers reprieve

On Friday,as the ASI began demolition work at the site to evict seven families who claim to be BSG employees and have made the site their home for many years now,the latter approached the Delhi High Court with a review petition.

The High Court has now given them time till March 7 to vacate the site. But since demolition work began at 10 am and the HC reprieve came through around 3 pm,the ASI officials say around 50 per cent of the demolition work has already been carried out.

Overstaying welcome

Earlier last month,the ASI had approached the seven families,asking them to vacate the premises. “At the time they said they will vacate the site by February 16. Soon after,they approached the High Court seeking permission to stay at the site. The court,however,denied them permission,” K K Muhammed,ASI Delhi Circle Chief,said.

The ASI then gave them an extension till February 20. It decided on demolishing the illegal structures after the families refused to budge,officials said.

“Once the land was transferred to us,they have no right to continue staying there. The area houses two heritage structures that need maintenance. Any argument offered by encroachers has no locus standi,” Muhammed added.

Nowhere to go: residents

Those currently staying at the site,however,beg to differ. “We have been staying here for many years now,taking care of the land as well as the heritage structures. Nobody has the right to remove us,” one of the residents said. “Now that the ASI has begun demolishing the rooms here,we have no place to go,” he added.

The tussle

Two centrally-protected 17th Century monuments stand on the plot in question — the Bada Batashewala Mahal and the Chhota Batashewala Mahal. In 1989,at the time of the annual Bharatiyam (a training programme organised by the BSG),temporary arrangements for lodging were made for the participants in the area. A number of small temporary hutments were constructed at the site on the condition that they would be demolished after the event.

After the event,however,the BSG rented out the hutments to several organisations and institutes,including the Indian National Trust for Art and Cultural Heritage (INTACH) for use as office space.

In 2001,Parkland Club entered a collaboration with the BSG to build a club over 1.5 acres and operate it on commercial basis. In view of these commercial activities,nearly four years ago,a Supreme Court-appointed Monitoring Committee sealed the complex. Earlier this year,the MoUD finally handed the plot over to the ASI. The seven families then approached the High Court,making both the ASI and the BSG parties in the matter.