Delhi High Court Seeks Response From Archaeological Survey Of India Over Alleged Illegal Constructions Within Heritage Monument Tripoliya Gate

The Delhi High Court has sought the response of Archaeological Survey of India (ASI) over illegal constructions within the prohibited and regulated zones of city's heritage monument, Tripoliya gate.

Justice Yashwant Varma directed the ASI to file an affidavit specifically detailing the nature of constructions which may have been raised by some private individuals within the said prohibited and regulated zones.

"That report shall also specifically indicate the extent of constructions that may have come to exist in both the prohibited as well as the regulated area," the Court added.

The alleged unauthorised constructions are stated to have been raised within a 100 meter radial distance of Tripoliya Gate against four respondents to the plea.

The Court noted that pursuant to the earlier orders passed in the matter, a status report was filed by the ASI which was restricted in its disclosures with respect to constructions made in the prohibited and regulated areas by private respondents.

The Court also took note of the serious allegation levelled that permissions were accorded by the North Delhi Municipal Corporation without taking into consideration the restrictions which stood imposed in terms of the regulations framed by ASI.

The counsel appearing for NDMC submitted before the Court that after taking cognizance of the illegal constructions, action was initiated earlier and a drive the same was undertaken on March 8, 2022 wherein those which were found to be in violation were demolished.

"In view of the seriousness of the allegations which stand levelled, the Court directs the Deputy Commissioner of the Municipal Corporation to personally ensure that no further illegal constructions are permitted to be raised or construction activities continued which may upon due verification be found to be in violation of the ASI restrictions that apply," the Court ordered.

Accordingly, the Court sought a further Status Report by the NDMC on or before the next date of hearing.

The matter will now be heard on July 20.

Case Title: DINESH GOPAL v. USHA SHARMA & ORS.

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