MR MIRZA AURANGZEB vs ARCHAEOLOGICAL SURVEY OF INDIA & ORS.

Judgment text excerpt

$~69 * IN THE HIGH COURT OF DELHI AT NEW DELHI + Date of Decision: 19th February, 2025 % W.P.(C) 2012/2025 & CM APPL. 9474/2025 MR MIRZA AURANGZEB .....Petitioner Through: Mr. Manu Mridul, Mr. Sumit Mamgain and Mr. Pratap Singh Rawat, Advocates. versus ARCHAEOLOGICAL SURVEY OF INDIA & ORS......Respondents Through: Mr. Ripudaman Bhardwaj, CGSC with Mr. Kushagra Kumar and Mr. Abhinav Bhardwaj, Advocates for R- 1 and 3/UOI. Mr. Tushar Sannu, SC with Ms. Rajbala and Mr. Shivam Singh, Advocates for R-2. Mr. Ajay Arorra, Sr. Advocate with Mr. Nitish Dubey and Mr. Aarush Kapoor, Advocates for R-5. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA DEVENDRA KUMAR UPADHYAYA, CJ. (ORAL) 1. Heard learned counsel for the parties and perused the records available before us on this petition. 2. The proceedings of this petition filed under Article 226 of the Constitution of India have been instituted ostensibly in public interest with W.P.(C) 2012/2025 Page 1 of 19 Signature Not Verified Digiltally Signed By:SREERAM L Signing Date:21.02.2025 14:34:10 the prayer to remove and demolish ongoing and completed alleged illegal and unauthorized constructions within the regulated area of Ajmeri Gate, which is said to have been raised in violation of the provisions of The Ancient Monuments and Archaeological Sites and Remains Act, 1958 (hereinafter referred to as ‘Act, 1958’). 3. Prayer clause of the writ petition is extracted herein under:- “(i) Direct the Respondent No.1 and Respondent No.2 to identify and disclose the ongoing or completed illegal and unauthorized constructions, within the regulated area of the Ajmeri Gate in violation of the AMASR Act, 1958. (ii) Direct the Respondent No. 1 and Respondent No. 2 to take immediate action for removal and demolish of ongoing