Who dug up Old Delhi site,asks SC

A bench led by Chief Justice Altamas Kabir asked senior advocate Aman Lekhi to file an affidavit,explaining how he got to know that it was Delhi MLA Shoaib Iqbal who,along with his supporters,had dug up the area.

The court,which was initially under the impression that excavation was done by the Delhi Metro Rail Corporation (DMRC) and Iqbal reportedly put up a structure at a later stage,sought an explanation since the Delhi High Court order also read that Iqbal dug the site.

“We think what you (Lekhi) said has also been recorded by the Delhi High Court and it acted on that basis. We would want to know what was there before the court to pass this order and how did you say that area was dug by the MLA,” the bench said,asking Lekhi to bring on record his contention that prompted the High Court to take suo motu cognisance of the issue. It also ordered status quo until November 8,the next date of hearing.

On July 20,Lekhi had mentioned the matter before the High Court,seeking its intervention against the encroachment by the MLA. Ordering a stay on construction,the High Court had directed the North Municipal Corporation to immediately hand over the site to the Archaeological Survey of India. Later,it also allowed the ASI to pull down the structure to ascertain whether the remains of the Akbarabadi mosque existed there.

On October 19,after the High Court dismissed a Delhi Police plea to modify its order to provide help and security to the ASI and the North municipal corporation to raze the structure,Iqbal moved the Supreme Court.

Additional Solicitor General Siddharth Luthra appeared for the Delhi government and requested the bench to modify the High Court order. He said that while the government was ready to comply with the order,it wanted time till Diwali.

Luthra also contended that instead of police,Iqbal should be asked to remove the unauthorised structure under the Code of Criminal Procedure and in accordance with the rules under the Archaeological Survey of India (ASI) Act.

Advocate A D N Rao,while appearing for the ASI,termed the structure as “illegal” and said it required to be removed for enabling the ASI to carry out excavation in the area without endangering the lives of its workers.