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250. Similar application was again filed on 24.6.1993 which was rejected on 26.7.1993. Re­development Plan of Janpath Lane by the DDA was approved on 24.5.1994. Ex.DW­1/28 is stated to be the true copy of the development control. NDMC had received letter from DDA on13.12.1999 for providing parking in this area. On 14.6.1999, the defendant applied for sanction of the plan which was rejected vide order dated 12.8.1999 true copy of which is Ex.DW­2/1. The defendant also filed an application for sanction of the plan dated 21.7.2000 which was approved by the Chairperson, NDMC on 18.9.2000 and at that time permissible FAR was 150 and permissible ground coverage was 25%. The proposed FAR was 149.97 and ground coverage was 24.12 %. The number of floors sanctioned were ground plus six upper floors (5 floors plus half 6th floor). Ground floor area was sanctioned as 704.13 sqmtrs and of 6th floor was sanctioned as 337.26 sqmtrs. Basement was sanctioned only for parking. According to the witness, the defendant had Monica Arenja v Rawal Apartment Pvt Ltd CS 12674/2016 firstly sought sanction for construction of the ground floor upto ninth floor. ASI had written a letter dated 10.5.2001 to the NDMC mentioning that the existing building on the suit property was within prohibited or regulated limits of centrally protected monuments. The NDMC was requested to stop the construction.

83. It is submitted that the matter did not rest here. Evidence is led to show that after sanction of the Building Plans on 18.9.2000 when construction was about to commence, it was stopped by the NDMC on the intervention of Archaeological Survey of India on the ground that the Project Site was near prohibited area of a National Protected Monument i.e. Jantar Mantar. The defendant then filed a suit No.645/2002 before the Hon'ble High Court of Delhi challenging the decision of NDMC and ASI. Initially, the defendant was permitted to raise construction upto the Monica Arenja v Rawal Apartment Pvt Ltd CS 12674/2016 height of 55 feet vide an order dated 22.3.2002 but later modified that the defendant will not raise construction beyond the DPC level. On 30.10.2002, the earlier order dated 22.3.2002 was made absolute.

85. The said judgment makes reference to a Central Government notification dated 04.10.1956 declaring Jantar Mantar as a "protected monument" as per the Ancient Monuments Preservation Act 1904. Notification dated 16.6.1992 is referred which is issued by the Department of Culture of Archaeological Survey of India by which area upto 100 meters from "protected monument" was declared as "Prohibited area" for the purpose of construction. Reference is also Monica Arenja v Rawal Apartment Pvt Ltd CS 12674/2016 made to Sections 20­A, 20­B, 20­C and 20­F of the Ancient Monuments and Archaeological Sites and Remains (Amendment and Validation) Act 2010 stating that as per Section 20­A thereof, every area beginning in the limit of protected monument and extended to a limit of 100 meters is prohibited area in respect of such protected monument thereby prohibiting all mining and construction in the said area and one such monument is "Jantar Mantar". Thus, Mr.Sanjay Dua, Advocate, justifies his argument that even if it is assumed that there was any successful contract, it was hit by the doctrine of Supervening Impossibility as per Section 56 of the Contract Act 1872 and has thus become void. In support of the argument, the following judgments are relied : ­

134. Reference is made to previous Central Government notification dated 04.10.1956 by which Jantar Mantar was declared as a "Protected Monument" under the Ancient Monuments Preservation Act, 1904. By way of 16.6.1992 notification issued by the Department of Culture of Archaeological Survey of India, area upto 100 meters from the "protected monuments" was declared as "prohibited area" for the purpose of construction. It was held that with insertion of Section 20­A of the Ancient Monuments & Archaeological Sites and Remains (Amendment and Validation) Act 2010, every area beginning at the limit of the protected monument and extended to a limit of 100 meter is prohibited area in respect of such protected monument and thus all mining and construction activities in the said area are prohibited. "Jantar Mantar" structure is already reflected as protected area and thus construction is not permitted on plot No.14. Janpath Lane, New Delhi.