A Battle for Heritage
Himanshu Damle and Another v. Delhi Development Authority and others
Writ Petition No. 1864/2024
Before Delhi High Court
The Bench of Hon’ble Acting Chief Justice & Hon’ble Madam Justice Manmeet Preetam Singh Arora J disposed of the Writ Petition as Counsel for the Respondent has given an undertaking that no protected monument around Mehrauli and Sanjay Van area shall be demolished.
Background
Public Interest Litigation seeking directions to the respondents from restraining to demolish Ashiq Allah Dargah, Chillagh of Baba Farid & other surroundings of Mehrauli or Sanjay Van and take necessary steps for the preservation of the monuments & Structures.
Submission of the petitioner
Without any public notice, Akhunji Masjd, Dargah Hazi Rozbih has been demolished and these monuments are recorded in historical records.
Since Ashiq Ali Dargah has been barricaded by the pole and public access has been restricted creating apprehension of demolition of Dargah.
Submission of the Respondent
No structure which has been declared by any statutory authority as a protected monument shall not be demolished.
Demolition action shall only be in accordance with law.
Observation of the Court
Undoubtedly life in its extended prospects includes all that gives meaning to a man’s life, including his culture and heritage and the protection of that heritage in its full measure.
But this is also equally true that a harmonious balance between right to health, right to breathe and right to heritage and culture is the need of the hour.
Additionally, Delhi is one of the worst city affected by the pollution. No month passes when the Air Quality Index does not cross the hazardous mark. Adversely affecting lungs of young children.
Mehrauli and Sanjay Van are marked as forest areas in the Master Plan.
This Court is of the view that green areas are the lungs of the city and efforts have to be made by all statutory authorities to ensure that no illegal and unauthorized construction is carried out on this public land dedicated for public purpose.
Court perused the photograph attached with the Writ.
To its surprise found fresh construction has been carried out in the immediate past using blue, green, brown and white tiles which were not available in the distant past.
Some of the structures located in the midst of thick forest have been renovated recently and occupied by certain families.
No mindless demolition was found.
Further Supreme Court judgement provided that before demolishing any religious structure (as referred by the petitioner) prior approval from the religious committee has to be taken and this committee is headed by Lt. Governor of Delhi.
Respondents Counsel has already given an undertaking that no fresh demolition of the protected monument shall be carried out is fair and reasonable amidst competing claims.
