Delhi High Court Says Religious Structures, Graveyards Will Not Be Demolished in Mehrauli Archaeological Park
The Delhi High Court has dismissed a petition against the removal of "unauthorised encroachers" from the Mehrauli Archaeological Park area while recording that religious structures as well as graveyards will not be demolished in the process.
New Delhi, December 28: The Delhi High Court has dismissed a petition against the removal of "unauthorised encroachers" from the Mehrauli Archaeological Park area while recording that religious structures as well as graveyards will not be demolished in the process.
The counsel for the Delhi Development Authority (DDA) said it has marked the encroachments on a "demarcation plan" and the action was being taken by it pursuant to a notice issued on December 12 in compliance with the judicial orders for removal of all encroachments except religious structures. Illegal Religious Structures Cannot be Protected Under Article 25, Says Karnataka High Court.
The petitioners, who claimed to be residing and earning their livelihood in the area, contended that a certain portion of the Mehrauli Archaeological Park consisted of graveyards, mosque, monuments, residence and shops, etc., which fell under the purview of the Delhi Waqf Board and therefore the proposed demolition order was without any jurisdiction. Uttar Pradesh CM Yogi Adityanath Orders Removal of Illegal Religious Structures Built Along the Roads.
Justice Manmeet Pritam Singh Arora observed that a division bench of the high court had directed the DDA and the Archaeological Survey of India to remove all encroachers from the park and that the land admittedly belonged to the Government of India.
The judge said the petitioners have no locus to maintain the proceedings and a division bench of the high court has already refused to restrain the implementation of the order on a petition by the Delhi Waqf Board which is actively pursuing its remedies.
"This Court has been informed that on 23.12.2022, the Division Bench in the said proceedings (initiated by Delhi Waqf Board) has after recording the statement of Respondent No.1 (DDA) that religious structures as well as graveyards will not be demolished and further, that the demolition will be done only as per the demarcation report has declined to grant any further interim relief. The Division Bench has thus declined to restrain the implementation of the order dated 12.12.2022,” recorded the court in its order.
"It is thus evident that Respondent No.3 (Delhi Waqf Board) is actively pursuing its legal remedies to safeguard its rights in the waqf properties falling in the Mehrauli Archaeological Park and therefore, the present petition is merely a multiplication of the proceedings seeking similar reliefs,” the court said.
The counsel for the Delhi Waqf Board also said that it is not the intention of the board to protect encroachers who are sought to be removed as per the order.
"This Court is of the opinion that the present petition at the behest of petitioners is not maintainable and the same is, therefore, dismissed," the court said.
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