Jamia Arabia Nizamia Welfare Educational Soceity v. D G Archaeological Survey Of India And ORS

/ $-3 8 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

Date ofDecision: 18.10.2016 + W.P.(C) 9458/20 16 JAMIA ARABIA NIZAMIA WELFARE EDUCATIONAL SOCEITY Petitioner Through: Mr. Ram Kumar Sharma, Adv.

Versus

D G ARCHAEOLOGICAL SURVEY OF INDIA AND ORS Respondents * Through: Ms. Shiva Lakshmi, CGSC with Ms. Suparna Srivastava and Mr. Ruchir Ranjan Rai, Advs. for R-1.

Mr. Mukesh Gupta, Standing Counsel for R2/SDMC. Mr. Anuj Aggarwal, ASC, GNCTD for R-3 & 4.

Mr. Trinayan Sonowal for Mr. Sanjeev Ralli, Adv. for DPCC.

SI Ashok Kumar, P.S. H.N. Din.

CORAM:

• HON'BLE THE CHIEF JUSTICE HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL Ms. G. ROHINI, CHIEF JUSTICE (Oral) CM No.37858/2016 (exemption) Allowed, subject to all just exceptions.

W.P.(C) No.9458/2016 & CM No.37857/2016 (stay) 1.

This petition by way of Public Interest Litigation has been filed alleging illegal and unauthorized construction at property bearing No.A-5, A-14, A-25 and A-28, A-Block, Nizamuddin West, New Delhi which are within the prohibited area of 100 mts. from the centrally protected monuments i.e. Chaunsath Khambha and Humayun's Tomb and W.P.(C)No.9458/2016 • Page lof 2 Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing.

M Y Khan-i-khana Tomb and thus seeking a direction to the respondent Nos. 1 to 5 to take appropriate steps in accordance with the provisions of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (for short 'the Act') and also to prohibit any such further illegal constructions. Heard the learned counsels for both the parties. An identical issue has been considered by us in W.P.(C) No.524012016 and the same was disposed of by order dated 05.09.2016 with directions to the Competent Authority under Section 20-C and Section 20-D of the Act to take the action as mentioned therein.

Having regard to the fact that the allegation of unauthorized constructions made in the present petition needs consideration and necessary enquiry by the Competent Authority under the Act, without expressing any opinion as to the correctness of the allegations made by the petitioner, we dispose of the writ petition with a direction to the Competent Authority under the Act to look into the contents of the present petition, make an enquiryand take appropriate action in accordance with law after giving an opportunity of being heard to all the parties concerned. Such exercise be made within three months from today.

Writ Petition is accordingly disposed of.

Dasti.

£Lk CHIEF JJJSTICE OCTOBER 18, 2016/kks AL,J W.P.(C) No.9458/2016 Page 2 0f2