New Delhi: The Delhi High Court Tuesday pulled up the police and the Municipal Corporation of Delhi for their failure to stop unauthorised construction near the Nizamuddin ki Baoli and the Barakhamba Tomb which are centrally protected monuments. The high court directed the civic authorities, including the MCD, to ensure that no further construction takes place in an "unauthorised guest house" located near the two monuments.
The court observed that such construction was not possible without the connivance of police and civic authorities and that the court may consider handing over the investigation in the case to the Central Bureau of Investigation (CBI).
"Either Delhi Police is involved or MCD. We will refer the investigation to the CBI. How can a building be constructed near a centrally protected monument without the connivance of police? How can they bring material to the area? How is construction taking place next to a national monument? You are cracking a joke on all of us.
"Prima facie, we are of the view that a CBI investigation is called for in this matter," a bench of Acting Chief Justice Manmohan and Justice Manmeet P S Arora orally said. The high court was hearing a public interest litigation by NGO Jamia Arabia Nizamia Welfare Education Society claiming that "illegal and unauthorised construction" was being done at 'Khasra number 556 Ziyrat guest house near Baoli gate, Hazrat Nizamuddin Dargah near police booth'.
As the court was informed that the construction was still going on, the bench directed the deputy commissioner of the central zone, MCD to be "personally present" before it on February 7, which is the next date of hearing. The bench directed the authorities to ensure that no further construction is carried out by the Ziyrat guest house.
The petitioner, represented through advocate Rakesh Lakra, argued that the DDA, the MCD, the Delhi Police and the Archaeological Survey of India (ASI) have failed to stop the construction at the guest house which is within 100 metres of the two centrally protected monuments. The counsel contended that a large number of illegal and unauthorised guest houses have been permitted to operate by the authorities in this area.
The lawyer said according to a status report filed by police in an earlier matter regarding illegal guest houses in the area, Ziyrat guest house has "no certificate of registration from the licensing branch". The petitioner said, pursuant to the high court's directions, the property was sealed, however, there had been a "brazen resurgence of unauthorised construction activities on the subject property".
He argued that his client had on November 3, 2023, made a representation to the authorities about such activities but they failed to take any action. The counsel representing ASI said it had issued a notice on December 11, 2023, to the owner of the property to stop the construction and on January 2 this year, it wrote to the police for registration of an FIR.
During the hearing, the bench wondered, How can a sealed building be constructed? The plea said illegal constructions, especially those near historical sites and protected monuments, pose threats to the environment, heritage, and cultural significance of the area and warrant immediate judicial intervention to preserve and protect these valuable assets.
It sought a direction to the authorities to fulfil their constitutional obligations and duties and stop the alleged illegal and unauthorised construction at the guest house.
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