Delhi High Court Halts Construction Of 'Unauthorised Guest House' Near Nizamuddin Dargah And Baoli

The Delhi High Court on Tuesday directed the city authorities to ensure that no further construction is carried out in an unauthorised guest house near centrally protected Nizamuddin Dargah and Baoli.

A division bench comprising Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora pulled up the authorities and expressed disapproval over the unauthorised construction.

The bench also warned the authorities that it will order investigation into the matter by Central Bureau of Investigation (CBI) and directed the Additional Commissioner of MCD (concerned zone) to remain personally present in court on the next date of hearing. 

The court was dealing with a public interest litigation moved by Jamia Arabia Nizamia Welfare Education Society seeking action against the officials of Delhi Development Authority (DDA), Archaeological Survey of India (ASI) and other authorities for failure to stop the unauthorised construction of the guest house.

The guest house in question was being constructed in the area falling within 50 metres of the centrally protected monument Barakhamba Tomb and Nizamuddin Baoli. The plea also sought demolition of the guest house.

The counsel appearing for the petitioner pointed out that following a court order in 2018, a status report was filed by the Delhi Police stating that the guest house did not have a certificate of registration from the licensing authority. The report further stated that pursuant to judicial order, the property was sealed.

However, the counsel submitted that the unauthorised construction on the property was continued later, regarding which a representation was made to the authorities but no action was taken.

The counsel appearing for ASI told the court that a notice was issued in December last year to the owner of the property in question. ASI also wrote to the local police for registering FIR against the owner. As the court was informed that the unauthorised construction was still going on, the court said:

“The respondents are directed to ensure that no further construction is carried out (on the property).”

Title: JAMIA ARABIA NIZAMIA WELFARE EDUCATION SOCIETY v. DELHI DEVELOPMENT AUTHORITY THROUGH ITS VICE CHAIRMAN & ORS. 

Citation: 2024 LiveLaw (Del) 57