Delhi High Court - Orders
S.N.Bhardwaj Advocate vs Archcological Survey Of India on 24 November, 2022
Author: Satish Chandra Sharma
Bench: Chief Justice, Subramonium Prasad
$~20 & 21
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 1475/2001
S.N.BHARDWAJ ADVOCATE ..... Petitioner
Through: Petitioner in - person.
versus
ARCHCOLOGICAL SURVEY OF INDIA ..... Respondent
Through: Mr. Jitesh Vikram Srivastava, SPC
with Mr. Prajesh Vikram Srivastava,
Advocate for UOI.
Mr. Sanjay Katyal, Standing Counsel
for DDA with Mr. Nihal Singh,
Advocate.
Mr. Anuram Varma, Mr. Nikhil
Sharma, Mr. Aditya Gupta and Ms.
Manu Tiwari, Advocates for BRPL.
Mr. Ashish Kumar, Advocate for Ms.
Sangeeta Bharti, Standing Counsel for
DJB.
Mr. Rishikesh Kumar, ASC for
GNCTD with Mr. Aditya Raj, Ms.
Sheenu Priya, Mohammad Zaid, Mr.
Sudhir, Advocates.
Mr. Ajjay Aroraa, Standing Counsel
for MCD with Mr. Kapil Dutta and
Mr. Anuj Bhargava, Advocates.
Mr. R. B. Singh, Advocate for R-4.
+ W.P.(C) 11214/2018 & CM APPLs. 44345-46/2022
COURT ON ITS OWN MOTION ..... Petitioner
Through:
versus
Signature Not Verified
Digitally Signed W.P.(C) 1475/2001 etc. Page 1 of 3
By:RAHUL SINGH
Signing Date:28.11.2022
15:58:49
SOUTH DELHI MUNICIPAL CORPORATION & ORS.
..... Respondents
Through: Mr. Kirtiman Singh, CGSC with Mr.
Waize Ali Noor and Ms. Durgesh
Nandini, Advocates for UOI.
Ms. Kanika Agnihotri and Ms.
Kavita, Advocates for DDA.
Ms. Mehak Nakra, ASC for GNCTD
and Delhi Police.
Mr. Ajjay Aroraa, Standing Counsel
for MCD with Mr. Kapil Dutta and
Mr. Anuj Bhargava, Advocates.
Mr. R. B. Singh, Advocate for R-4.
Mr. Anuj Kumar Garg, Advocate for
the Applicant.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
ORDER
% 24.11.2022
1. The instant writ petitions pertain to rampant large-scale
encroachments in around and within the historical Tughlaqabad Fort.
2. It is not in dispute that the Archaeological Survey of India (ASI) is in complete control of the area in question. Since various Departments of the State were passing the burden on each other in the matter of removal of encroachments, this Court vide Order dated 17.05.2017 in W.P.(C) 1475/2001 constituted a Committee, comprising various Departments of the State, to survey the area and to take appropriate steps for removal of encroachments.
3. We are in the year 2022 and the learned Counsel appearing for the Signature Not Verified Digitally Signed W.P.(C) 1475/2001 etc. Page 2 of 3 By:RAHUL SINGH Signing Date:28.11.2022 15:58:49 Archaeological Survey of India (ASI) has expressed his helplessness in removal of encroachments on account of non-cooperation of other Departments of the State.
4. By way of last indulgence, six weeks' time is granted to the Respondents as well as the Committee Members to file a Status Report in the matter.
5. Learned Counsel appearing for MCD has also joined the proceedings through Video Conferencing and submitted that the MCD shall be providing all logistic support to Archaeological Survey of India (ASI).
6. The Counsel for the Respondents also assured this Court that they will also be co-operating in the matter. Learned Counsel appearing for BSES has also assured this Court that it will co-operate in the matter by disconnecting electricity connection before removal of the encroachments.
7. List on 16.01.2023.
8. It is made clear that non-compliance of the Order shall be viewed seriously and this Court shall be passing necessary Orders directing the personal appearance of Head of the Departments and Committee Members to explain the reason as to why the encroachments are not being removed.
SATISH CHANDRA SHARMA, CJ SUBRAMONIUM PRASAD, J NOVEMBER 24, 2022 S. Zakir Signature Not Verified Digitally Signed W.P.(C) 1475/2001 etc. Page 3 of 3 By:RAHUL SINGH Signing Date:28.11.2022 15:58:49