The Supreme Court disposed of appeals concerning protection of historical religious structures in Mehrauli, directing the Archaeological Survey of India to take supervision of the monuments including Ashiq Allah Dargah and Chillagah of Baba Farid for repair, renovation and preservation. The Division Bench comprising Justice B.V. Nagarathna and Justice R. Mahadevan acted on ASI’s status report acknowledging the historical importance of structures dating to 12th-13th century CE.
The proceedings originated from a Public Interest Litigation filed before the Delhi High Court seeking directions to respondent Nos.1 and 2 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, Delhi. The petitioners prayed for directions to respondent No.3 to take steps to protect and preserve the monuments and structures at Mehrauli and Sanjay Van. The Delhi High Court disposed of the writ petition noting that the said structures were not a protected monument or a national monument declared by the Central or State Authority, observing that religious structures could be demolished only after taking prior approval from the Religious Committee headed by the Lieutenant Governor of Delhi.
The appellant contended that the reference to the Religious Committee headed by the Lieutenant Governor of Delhi with regard to demolition of unauthorized religious structures was wholly misplaced inasmuch as these structures were not encroachments as they have been in place since the twelfth century A.D. and therefore they were ancient monuments. It was argued that even though they may not have been declared to be protected monuments under the provisions of the Ancient Monuments and Archaeological Sites and Remains Act, 1958, that did not imply that the said monuments were vulnerable and could be demolished by the authorities concerned.
The Archaeological Survey of India filed a status report through an affidavit of the Superintending Archaeologist, ASI Delhi Circle, along with an inspection report titled “Ashiq Allah Dargha including Chillagah of Baba Farid in Mehrauli Sanjay Van”. The ASI stated that even though the structures may not have been treated as a Centrally Protected Monument within the meaning of the Act, they could supervise the repair and maintenance of these structures and not permit demolition by any authority.
The Respondent-Delhi Development Authority submitted that the authority was concerned only with demolition of unauthorised religious structures encroaching on public land in terms of earlier Supreme Court orders, particularly when religious structures were built unauthorisedly on public lands and roads. However, insofar as the present structures were concerned, it was submitted that having regard to the report of the Archaeological Survey of India, the Delhi Development Authority would abide by the directions of the Archaeological Survey of India.
The Court observed that paragraphs 4 and 5 of the ASI’s status report stated that the Tomb of Shaikh Shihabuddin and the Chillagah of Baba Sheikh Fariduddin Shakar Ganj date back to the 12th–13th century, though much of their original layers have disappeared, leaving gaps in the historical record. It was further noted that structural alterations and restorations carried out over time have affected the authenticity of the site. Even so, the ASI acknowledged that the location carries significant historical and religious value, being situated within the Mehrauli Green Belt close to the centrally protected Ranjit Gate. Since the monuments fall in a regulated zone of a centrally protected monument, any repair, renovation, or construction can only be undertaken with prior approval from the competent authority under the Ancient Monuments and Archaeological Sites and Remains Act, 1958.
Taking note of the ASI report and affidavit, the Court observed that what has been stated in paragraphs 4 and 5 of the Status Report were pertinent to the case and disposed of the 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.
Appearances:
Petitioners: Mr. Satyajit Sarna, Adv.; Mr. Lzafeer Ahmad B. F., AOR; Mr. Sachin Dubey, Adv.; Mr. Shubham Arun, Adv.; Mr. Nizam Pasha, Adv.; Mr. Talha Abdul Rahman, AOR; Mr. M Shaz Khan, Adv.; Mr. Rafid Akhter, Adv.; Mr. Sudhanshu Tewari, Adv.; Mr. Faizan Ahmed, Adv.Respondents: Ms. Mitali Gupta, Adv.; Mr. Nitin Mishra, AOR; Ms. Sheezan Hashmi, Adv.; Mr. Aakash Dubey, Adv.; Mr. K.M. Nataraj, A.S.G.; Mr. Vatsal Joshi, Adv.; Mr. Vishnu Shankar Jain, Adv.; Mr. Sansriti Pathak, Adv.; Sarthak Karol, Adv.; Mr. Hitarth Raja, Adv.; Mr. Shreekant Neelappa Terdal, AOR
