Balbir Singh Saini vs Archaeological Survey Of India ...
2017 Latest Caselaw 5040 Del

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*IN THE HIGH COURT OF DELHI AT NEW DELHI

+              W.P.(C)No.9944/2016 and CM No.39525/2016

%                            Date of decision : 13th September, 2017


       BALBIR SINGH SAINI                       ..... Petitioner
                     Through :        Mr. Umesh Mishra, Adv.

                         versus

       ARCHAEOLOGICAL SURVEY
       OF INDIA AND ORS                    ... Respondents
                     Through : Mr. Vijay Joshi, Senior
                               Standing Govt. Counsel with
                               Mr. Prasanta Varma, Adv. for
                               UOI/R-1.
                               Mr. Roshan Lal Goel, Standing
                               Counsel for R-2 with Ms. Anju
                               Gupta, Adv.
                               Mr. Harsh Vardhan and Ms.
                               Manishika, Advs. for
                               R-4 to 6.

       CORAM:
       HON'BLE THE ACTING CHIEF JUSTICE
       HON'BLE MR. JUSTICE C.HARI SHANKAR

                         JUDGMENT (ORAL)

GITA MITTAL, ACTING CHIEF JUSTICE

1. This writ petition has been filed complaining illegal and unauthorized construction in the property bearing No.75, Masjid Moth Village, New Delhi in violation of not only the provisions of the Delhi

Municipal Corporation Act, 1957 but also of the Ancient Monuments and Archaeological Sites and Remains Act, 1958.

2. The counter affidavit has been filed by the South Delhi Municipal Corporation submitting that the property bearing No.76, Masjid Moth Village, New Delhi stood booked for unauthorized construction by a notice dated 9th August, 2010 and a demolition order was passed. Pursuant thereto, demolition action was taken on "01/09/2010 at its ongoing stage and demolished columns at Ground floor". Despite this action in 2010, the counter affidavit of the SDMC refers to demolition orders passed in 2016 with regard to the construction from the ground floor to fourth floor. The photographs have been placed by the SDMC on record showing token demolitions. In a status report dated 19th April, 2017, it is stated that on 27th March, 2017 also, certain demolition has been effected.

3. The counter affidavit of the SDMC would show that despite notices issued in 2010, four storey building has not only been permitted but has been continuing and the SDMC is propounding untenable excuses for not completing the demolition action pursuant to its own demolition notices. Such construction could not have taken place without connivance of the officials of the SDMC. Even the fact that the demolition has not been completed would suggest complicity with the persons who have carried out the illegal construction. This is even more serious given the fact that the said construction is restricted under Ancient Monuments and Archaeological Sites and Remains Act, 1958.

4. An assurance is given by Mr. Roshan Lal Goel, ld. Standing

Counsel for the respondent no.2 SDMC that the demolition of the entire structure shall be completed at the earliest. Let the same be complete within a period of two months from today and a report be filed in this court thereafter with advance copy to the petitioner.

5. This writ petition and application are disposed of in the above terms.

6. It is made clear that if the action in terms of the notices and orders of the SDMC, as noted above, is not carried out, stringent action shall be taken against the person responsible for the same.

Dasti.

ACTING CHIEF JUSTICE

C.HARI SHANKAR, J SEPTEMBER 13, 2017 aj