Jamia Arabia Nizamia Welfare Education Society v. D.G. Archaeological Survey Of India & ANR

$~25 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 5003/2016 JAMIA ARABIA NIZAMIA WELFARE EDUCATION SOCIETY ..... Petitioner Through:

Mr.

Rajeev Kumar Yadav with Mr.Ram Kumar Sharma and Mr.Sujoy Chatterjee, Advs.

Versus

D.G. ARCHAEOLOGICAL SURVEY OF INDIA & ANR ..... Respondent Through:

Ms.Suparna Srivastava, CGSC with Mr.Abhijit Mittal and Mr.Raghav Kapoor, Advs. R-1 & 2.

CORAM:

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE JAYANT NATH

O R D E R

% 27.05.2016 CM No.20899/2016 (exemption) Allowed, subject to all just exceptions.

W.P.(C) 5003/2016 1.

This petition by way of public interest litigation has been filed with a prayer to direct the respondent No.1/Director General, Archaeological Survey of India (ASI) to take appropriate action for declaring a monument called 'Lal Mahal', stated to have been built in 13th Century, as a protected monument under the provisions of the Ancient Monument and Archaeological Sites and Remains Act, 1958 as amended by the Ancient Monuments and Archaeological Site and Remains (Amendment and Validation) Act, 2010 and for ancillary reliefs. W.P.(C) 5003/2016 Pg.1 of 2

2.

Having heard the learned counsel for both the parties and keeping in view that the representation made by the petitioner on 31.03.2016 regarding declaration of the said monument as a protected monument is yet to be considered by the respondents No.1 and 2, we consider it appropriate to dispose of the writ petition with a direction to the respondents to consider the petitioner's representation dated 31.03.2016 and pass an appropriate order in accordance with law within three months from today. The order that may be passed shall be communicated to the petitioner and thereafter the petitioner is at liberty to file a fresh writ petition, if so advised. 3.

The writ petition is accordingly disposed of. CHIEF JUSTICE JAYANT NATH, J MAY 27, 2016/pmc W.P.(C) 5003/2016 Pg.2 of 2