The Supreme Court on Tuesday directed that the Archaeological Survey of India (ASI) should consider supervising the preservation and maintenance of monuments inside Delhi’s Mehrauli Archaeological Park, including the 13th-century Ashiq Allah Dargah and the Chillagah of Baba Farid, a shrine dedicated to the revered Sufi saint.
A bench of Justices B.V. Nagarathna and R. Mahadevan was hearing two appeals seeking protection of the dargah and surrounding structures from demolition. The petitioners had challenged a Delhi High Court order, arguing that the historical monuments in question were not encroachments but heritage sites dating back to the 12th century.
During the proceedings, the bench questioned the Delhi Development Authority (DDA) over its plan to demolish structures in the vicinity.
“Why do you want to demolish it in the first place?” the bench asked.
The DDA’s counsel clarified that the authority was not opposed to the dargah itself, but raised concerns over several unauthorised constructions that had come up nearby. “The question which really arises is, how much of it is the protected monument and how much of it is the encroachment,” he submitted.
The Supreme Court reiterated its earlier order of February 28, barring any construction, additions, or alterations within the area without its permission. Stressing the importance of safeguarding heritage, the bench observed:
“That monument has to be preserved. We are only concerned with the monument.”
Disposing of the appeals, the court observed that the ASI should take under consideration the supervision of the disputed monuments in matters of repair and renovation.
The appellants argued that the shrines were of immense historical and religious value, pointing to the ASI’s own status report. The ASI had noted that the Ashiq Allah Dargah and the Chillagah of Baba Farid continue to attract daily visitors. Devotees light lamps at the dargah for the fulfilment of wishes and visit the chillagah seeking relief from evil spirits and misfortune.
According to the ASI, an inscription on the tomb of Shaikh Shahibuddin records its construction in 1317 AD. The site lies within 200 metres of the citadel of Prithviraj Chauhan, falling under the regulated zone defined by the Ancient Monuments and Archaeological Sites and Remains Act. This means any repair or renovation requires prior permission from the competent authority.
While the DDA maintained that its actions were aimed only at removing unauthorised encroachments on public land, the Supreme Court underlined that religious monuments of historical importance must be preserved.
The ruling provides a measure of protection to the two shrines, ensuring that any future action in the area must be carried out under ASI’s supervision, in line with heritage conservation laws.
