The Delhi High Court on Tuesday sought the responses of the city government and the Delhi Development Authority to a plea seeking a bar on demolition in the Mehrauli Archaeological Park area in south Delhi till a fresh “demarcation report” has been prepared.
Without interfering with the demolition exercise at this stage, Justice Mini Pushkarna issued notice on the petition by Mehrauli Minorities Resident And Shop Owners Welfare and directed that the matter be placed before the division bench (DB) headed by the Chief Justice, where a similar matter is already pending.
“Notice. Considering the submissions and the fact that similar issue is pending before the DB 1, it is deemed expedient to place the matter before DB 1. List before DB 1 subject to the order of the Chief Justice on February 17,” the court ordered.
Nearly 20 multi-storey buildings, a large number of shops and houses and a private school building are among the structures constructed “illegally” over the last few decades in the Mehrauli Archaeological Park, which the authorities have identified as part of the ‘anti-encroachment’ drive.
After some parties approached the court seeking a stay on the demolition, only those structures will be removed which are not part of any litigation, officials have said.
The drive, which began on Friday, comes a month ahead of a proposed G20 meeting at the park in south Delhi. According to the DDA, the old park has about 55 monuments under the protection of the Archaeological Survey of India, state archeological department and the urban civic body.
The DDA started a demolition drive in Mehrauli earlier this month.
The petitioner has alleged the revenue minister of the Delhi government said on February 11 that a fresh “demarcation report” should be prepared as the present report has “certain objections” and, in the meantime, no demolition exercise should be carried out.
“When there is no fresh demarcation report, how are they carrying out demolition?” the petitioner’s counsel asked.
The petitioner submitted Mehrauli has many slum clusters and several waqf properties, including mosques and dargahs, were located there.
The DDA counsel said it is the land owning agency in the present case and the demolition exercise is in terms of the order passed by a division bench of the high court in December last year for removal of encroachments.
The lawyer contended the demarcation report is of the year 2021 and the minister cannot sit in review over it.
The division bench, which earlier refused to stay the demolition in another matter, should hear the present case as well, the lawyer said.
On December 23, 2022, the high court had refused to stay the demolition exercise proposed in Mehrauli Archaeological Park.
The DDA had then informed the court that no mosque or graveyard was being demolished by the authorities and that only the encroachers will be removed from places in and around the Mehrauli Archaeological Park. It said the exercise will be carried out in accordance the demarcation report.
