HC refuses to entertain plea to bar demolition in Mehrauli till fresh demarcation report prepared

The Delhi High Court Monday refused to entertain a plea seeking a bar on demolition in the Mehrauli Archaeological Park area in south Delhi till a fresh demarcation report has been prepared.

As a bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad said it was not going to interfere in the matter, the petitioner’s counsel sought to withdraw the petition which the court allowed.

The high court was informed by the counsel for the Delhi Development Authority (DDA) that demarcation of the area has already been done in 2021 and the demolition action had started only thereafter.

The court, which was hearing a petition by Mehrauli Minorities Resident And Shop Owners Welfare, also questioned the petitioner about its locus standi.

“Who are you? What is your locus to ask for demarcation? We are not going to interfere. You file a civil suit raising your claim, if you want to,” the bench said.

The petitioner’s counsel said his prayer was only that a proper demarcation of the area be carried out.

Without interfering with the demolition exercise, a single judge of the high court had earlier issued notice on the petition and directed that the matter be placed before the division bench headed by the chief Justice where a similar matter is already pending.

Nearly 20 multi-storey buildings, a large number of shops and houses and a private school building are among the structures constructed "illegally" over the last few decades in the Mehrauli Archaeological Park, which the authorities have identified as part of the 'anti-encroachment' drive.

The DDA, on February 10, started a demolition drive in the Mehrauli area amid heavy police security. However, on February 14, Delhi Lieutenant Governor V K Saxena directed the DDA to stop the anti-encroachment drive in Mehrauli and Ladha Sarai villages till further instructions, Raj Niwas officials had said.

The drive came a month ahead of a proposed G20 meeting at the park in south Delhi. According to the DDA, the old park has about 55 monuments under the protection of the Archaeological Survey of India, state archeological department and the urban civic body.

The petitioner had alleged the revenue minister of the Delhi government said on February 11 that a fresh demarcation report should be prepared as the present report has “certain objections” and, in the meantime, no demolition exercise should be carried out.

The petitioner had submitted Mehrauli has many slum clusters and several waqf properties, including mosques and dargahs, were located there.

On December 23, 2022, the high court had refused to stay the demolition exercise proposed in Mehrauli Archaeological Park.

The DDA had then informed the court that no mosque or graveyard was being demolished by the authorities and that only the encroachers will be removed from places in and around the Mehrauli Archaeological Park. It said the exercise will be carried out in accordance the demarcation report.