'Historical Structures Aren't Encroachments' : Plea In Supreme Court Seeks Protection Of Religious Structures In Delhi's Mehrauli

A petition has been filed in the Supreme Court seeking directions to protect the centuries-old religious structures including the 13th Century Ashiq Allah Dargah (1317 AD) and Chillagah of Baba Farid near Mehrauli in Delhi.

The petitioner approached the Supreme Court challenging the order dated February 8 passed by the Delhi High Court which declined to pass specific directions for the protection of the structures. The High Court had disposed of the petition recording the undertaking given by the authorities that no protected monument or national monument declared either by the Central or State authority shall be demolished. In the order, the High Court also made observations regarding unauthorised encroachments and the need to balance the right to heritage and the right to breathe.

The plea before the high court sought protection from demolition for ancient monuments, raising the apprehension that the dargah and the chillagah in Mehrauli was “next on the chopping block” in view of the fact that a 600-year-old mosque, Masjid Akhonji, was demolished in the area days ago by the Delhi Development Authority (DDA), along with Madrasa Bahrul Uloom and various graves.

Challenging the High Court's order, an individual named Zameer Ahmed Jumlana has moved the apex court, arguing against the demolition of the historical structures. He has contended that they hold significant cultural and religious importance, dating back several centuries, and should not be treated as encroachments on public land. The appeal contends that ancient monuments and heritage sites should receive legal protection under existing laws, such as the Ancient Monuments and Archaeological Sites and Remains Act, 1958. Furthermore, the appeal raises concerns about the arbitrary demolition of religious structures, including mosques and tombs, by Delhi authorities, alleging violations of due process and constitutional rights.

The petition, filed through Advocate-on-Record Talha Abdul Rahman, states -

"The impugned order fails to protect religious and non-religious structures - admittedly more than 800 years old - which constitute heritage deserving protection and which cannot be left at the whims of the respondents who threaten their demolition, by treating the same as encroachment. Once it is not disputed that dargah and graves are historical, and relate to heritage and form religious structures with which faith is linked, the same cannot be treated as encroachment. The impugned order fails to consider that these old structures are not encroachments since they exist on the land from centuries. These structures, older than 100 years, ought to hold legal protection under the Ancient Monuments and Archaeological Sites and Remains Act, 1958, but to the Petitioner's knowledge for want of executive interest has been left out. However, it appears from the record that even the National Monument Authority has acknowledged the historical significance of the Ashiq Allah Dargah in its listing."

Apart from seeking protection of the structures from demolition, the petitioner has also sought an interim relief to remove the barricades/hindrances in and around the Ashiq Allah Dargah and to permit the caretaker of the Ashiq Allah Dargah to re-enter and reside therein for the care of the Dargah and worshippers including the Petitioner to offer their prayers at the dargah.

Though the petition was listed before a bench comprising Justices Surya Kant and KV Viswanathan yesterday, it was not taken up. 

 Notably, the Ashiq Allah Dargah, constructed in 1317 AD, stands as a symbol of historical and religious significance in Mehrauli, attracting devotees of various faiths. Additionally, within its premises lies the chillagah of Baba Faridudin Shakarganj, commonly known as Baba Farid, a revered Sufi saint who used the structure for meditation during his stay in Delhi.

In another matter, the Delhi High Court had sought an explanation from the DDA for the demolition of a 600-year old mosque near Mehrauli and ordered status quo with respect to that plot.

Zameer Ahmed Jumlana v. Delhi Development Authority (DDA) & Ors. | Diary No. 6711 of 2024