Institute of Legal and Management Studies

The Supreme Court today (August 19) directed the Archaeological Survey of India (ASI) to take under its supervision the repair and renovation of the 14th-century Ashiq Allah Dargah and Chillagah of Baba Farid in Mehrauli Archaeological Park, Delhi.

The bench of Justice BV Nagarathna and Justice R Mahadevan was hearing a challenge against the Delhi High Court's order, which refused to pass specific directions for protecting centuries-old religious structures inside the Mehrauli Archaeological Park in Delhi, including the 13th-century Ashiq Allah Dargah (1317 AD) and Chillagah of Baba Farid.

Previously, the Court had directed the petitioners and authorities to make their representations to a court-constituted Religious Committee first. The decision taken by the Religious Committee was to be placed on record before its implementation.

The counsel for the DDA submitted that the authorities do not want to remove the ancient monuments but were only concerned about the illegal constructions that have occurred around them. It was further stated that whenever in future it plans to demolish the ancient monuments, it would not do so without taking the permission of the Religious Committee.

Advocate Nizam Pasha, appearing for the appellants, explained to the Court that the present structures are ancient monuments under the Ancient Monuments and Archaeological Sites and Remains (AMASR) Act, 1958, but are not a protected monument. During the proceedings before the High Court, the High Court was of the view that the monument did not look ancient. Pasha stressed that this was due to poor restoration work, which pasted new tiles on the structure.

However, now, as per the ASI report on the structure, it is established that the monument is an ancient one from the 12th-13th Century. He further added that the monument would come under the jurisdiction of ASI.

The bench, however, clarified that under the garb of seeking protection of the ancient monuments, unauthorised constructions cannot seek protection.

The Court took note of the report by the Superintendent Archaeologist, Delhi Circle, ASI, as well as the affidavit and directed that the ASI to oversee the repairs and renovation of the ancient monuments.

"We dispose of these appeals by observing that the ASI should take under its consideration the supervision of monuments in question, the matter of repair and renovation. With the aforesaid observations, the appeal is disposed."

Background

The plea before the high court raised the apprehension that the dargah and the chillagah in Mehrauli will be demolished soon by the Delhi Development Authority in view of the fact that a 600-year-old mosque, Masjid Akhonji, was demolished by the Delhi Development Authority in January 2024, along with Madrasa Bahrul Uloom and various graves.

The High Court disposed of the matter after recording the government authority's undertaking that no protected monument or national monument would be demolished. In its order, the division bench led by Justice Manmohan also made observations regarding unauthorised encroachments and the need to balance the right to heritage and the right to breathe.

Challenging the High Court's order, an individual named Zameer Ahmed Jumlana moved to the apex court, arguing against the demolition of the historic structures.

Case Details : ZAMEER AHMED JUMLANA Versus DELHI DEVELOPMENT AUTHORITY (DDA) AND ORS.|Diary No. 6711-2024