MR SATBIR  Vs ARCHAEOLOGICAL SURVEY OF INDIA & ORS.

W.P.(C) 9418 /2020 Page 1 of 3

$~15

* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decisio n : 8th January , 2021

+ W.P.(C) 9418/2020
MR SATBIR …..Petitioner
Through: Mr. Shiv Gaur & Mr. Ankush Yadav,
Advocates

versus

ARCHAEOLOGICAL SURVEY OF INDIA & ORS……Respondent s
Through: Mr. Naginder Benipal, Sr. Panel
Counsel for GOI/R -1 & R -2
Mr. Rajesh Kumar Agnihotri, Adv ocate for R -3 &
R-5
Mr. Tushar Sannu, Standing Counsel, SDMC with
Ms. Ankita Bhadouriya & Mr.Subham Jain,
Advocates for R -4

CORAM:
HON ‘BLE THE CHIEF JUSTICE
HON’BLE MS. JUSTICE JYOTI SINGH

JUDGMENT

:
1. This Public Interest Litigation has been preferred with the following
prayers: D. N. PATEL, Chief Justice (Oral)

Proceedings in the matter have been conducted through video
conferencing.
“a. Direct a thorough court -monitored investigation by SIT or
by the CBI into the r ampant illegal/ unauthorized construction
at the protected monument i.e. Tughlakabad fort.
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W.P.(C) 9418 /2020 Page 2 of 3

b. Direct the respondent no. 1 to 5 to initiate action against the
respondent nos . 6 and 7 for such encroachment, under the
supervision of this Hon’ble Court.
c. Direct the c oncern ed Police Station i.e. Police Station
Govind Puri to provide protection to the petitioner and his
family and take necessary actions for the well being of the
petitioner and his family under the supervision of this Hon’ble
Court.
d. Issuance of a Writ of Mandamus to the respondents to
demolish the illegal construction and encroached area and
forthwith stop the illegal construction/encroachment in the
protected area of Tughlakabad Fort.
e. Issue such other writ , direction or order, which this Hon’ble
court may deem fit and proper under the facts and
circumstances of the case.”

2. It is alleged by the learned counsel for the petitioner that there is
inaction on the part of the concerned Authorities to prevent and to remove
the illegal / un authorized construction being carried out in the vicinity of
Tughlakabad Fort , which is a protected monument under the Ancient
Monuments and Archaeological Sites and Remains Act, 1958. It is
contended that Section 20A of the said Act provides that every area,
beginning at the limit of the protected area / monument, as the case may be,
and extending to a distance of 100 meters in all directions shall be the prohibited area and in violation of the said provision there is rampant construction in the prohibited area.
3. In view of th e above contentions , we deem it appropriate to direct the
concerned Respondent Authority to decide the status of the alleged
unauthorized construction in acco rdance with law, more particularly the
provisions of the Ancient Monuments and Archaeological Sites and
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W.P.(C) 9418 /2020 Page 3 of 3

Remains Act, 1958 and Article 49 of the Constitution of India, after giving
adequate opportunity of being heard to the concerned parties . Needless to
state that in case it is found by the concerned Authority that there is any
illegal construction in the area in question in the present petition, necessary steps shall be taken to remove / demolish the same, in accordance with law.
Delhi P olice shall give a dequate and necessary police force and protection in
case the construction is illegal and action is initiated for its removal. This
exercise shall be completed as early as possible and practicable in
accordance with law .
4. With th e aforesaid observation, th is writ petition is hereby disposed
of.

CHIEF JUSTICE

JYOTI SINGH , J
JANUARY 8, 2021
ns

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