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The Delhi High Court, on Wednesday, dismissed a Public Interest Litigation that alleged unauthorized and illegal construction within the regulated zone of the historically significant Ajmeri Gate.
The petition also cited substantial violations of the Ancient Monuments and Archaeological Sites and Remains Act, 1958, as well as municipal building regulations.
A division bench comprising Justice Devendra Kumar Upadhyay and Justice Tushar Rao Gedela deemed the PIL misconceived and lacking merit. The court observed that the petitioners failed to establish a genuine and legally tenable interest in the matter, further noting that the filing of the petition contravened the established PIL procedural norms.
When questioned about proactive steps taken during the construction phase, the petitioner contended that multiple complaints had been lodged with the relevant authorities and that a Right to Information (RTI) request had been filed to seek accountability.
The PIL was initiated by Mirza Aurangzeb, who identifies as a local resident and underscored the significance of the Ancient Monuments and Archaeological Sites and Remains Act, 1958.
This legislation is designed to safeguard and preserve monuments, archaeological sites, and structures of national heritage, specifically prohibiting unauthorized construction within protected zones as delineated under Sections 19 and 20B.
Furthermore, the petition referenced Section 20D of the Act, which mandates that any construction within a regulated area must obtain prior approval or a No Objection Certificate (NOC) from the competent authority.
The petitioner asserted that in this instance, the property owners and occupiers had blatantly violated these statutory provisions and municipal regulations.
The disputed construction was allegedly completed with full knowledge of the respondent authorities, yet no corrective action, including demolition, had been undertaken by the Municipal Corporation of Delhi (MCD), despite the offending property being officially flagged by the department.
The dismissal of the PIL has reignited concerns regarding the enforcement of heritage conservation laws and the role of administrative bodies in preventing illegal encroachments within historically protected zones.
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