Supreme Court Asks ASI To Supervise Renovation And Preservation Of Dargah In Delhi Sought To Be Demolished By DDA
The Supreme Court was hearing an SLP against the High Court’s refusal to desist from demolishing the Ashiq Allah Dargah and other surrounding historical monuments in Mehrauli or Sanjay Van.
Justice B.V. Nagarathna, Justice R. Mahadevan, Supreme Court
The Supreme Court has ordered that the Archaeological Survey of India (ASI) should take on the supervision of the historical monuments in Mehrauli or Sanjay Van located in Delhi, including the Ashiq Allah Dargah and Chillagah of Baba Farid, in the matter of repair/renovation and its preservation.
An SLP was filed against the order of the High Court, whereby the Appellant’s plea seeking directions to the Delhi Development Authority(DDA) to desist from demolishing/removing the Ashiq Allah Dargah, including the Chillagah of Baba Farid and other surrounding historical monuments in Mehrauli or Sanjay Van, was dismissed.
The Bench of Justice B.V. Nagarathna and Justice R. Mahadevan ordered, “In the circumstances, we dispose of these appeals by observing that the Archaeological Survey of India should take on the supervision of the monuments, in question, in the matter of repair/renovation and its preservation.”
Advocate Satyajit Sarna represented the Appellants, while Advocate Mitali Gupta represented the Respondents.
Case Brief
A PIL was filed before the High Court seeking issuance of directions to the Union and DDA to desist from demolishing/removing the Ashiq Allah Dargah, including the chillagah of Baba Farid and other surrounding historical monuments in Mehrauli or Sanjay Van. It was also sought to direct ASI to take steps to protect and preserve such monuments and structures.
It was the contention of the Appellants that Dargahs and surrounding monuments ought to be protected as they are of historical, artistic and archaeological interest.
The High Court took note that the right to heritage and culture has to be harmonised and balanced; however, it dismissed the PIL stating that the apprehension of mindless demolition was misplaced as there is adequate safeguard inbuilt into the system.
The Appellants submitted that the monuments in question, though not have been declared to be protected monuments under the provisions of the Ancient Monuments and Archaeological Sites and Remains Act, 1958, that does not imply that the said monuments are vulnerable and therefore could be demolished by the authorities concerned.
Court’s Observation
The Supreme Court relied upon the report of ASI which highlighted that even though the structures may not have been treated as a Centrally Protected Monument within the meaning of the Act, nevertheless, the ASI could supervise the repair and maintenance of these structures and not permit demolition by any authority.
Accordingly, the Court observed that the ASI should take on the supervision of the monuments in question, in the matter of repair/renovation and its preservation and disposed of the appeal.
Cause Title: Zameer Ahmed Jumlana V. Delhi Development Authority & Ors.
Appearance:
Appellants: Advocates Satyajit Sarna, Lzafeer Ahmad B. F., Sachin Dubey (AOR), Shubham Arun, Nizam Pasha, Talha Abdul Rahman(AOR), M Shaz Khan, Rafid Akhter, Sudhanshu Tewari, Faizan Ahmed.
Respondents: Advocates Mitali Gupta, Nitin Mishra, K.M.Nataraj(A.S.G.), Vatsal Joshi, Vishnu Shankar Jain, Sansriti Pathak, Sarthak Karol, Hitarth Raja, Shreekant Neelappa Terdal(AOR)
