The Times of India 31.07.2012
ASI, corporation told to remove building
NEW DELHI: The Delhi high court on Monday asked Archaeological Survey of India and North Delhi Municipal Corporation to "implement" their decision to remove illegal construction raised at a site in Subhash Park near Jama Masjid.
Citing a July 19 letter written by ASI to North Delhi Municipal
Corporation where ASI asked the civic agency to immediately remove
unauthorized construction from public land, a full bench of acting Chief
Justice A K Sikri and Justices S K Kaul and Rajiv Shakdher said both agencies must "implement the statutory mandate" with police assistance.
ASI had asked the corporation to remove the unauthorized construction
within 15 days of the receipt of the notice, failing which the heritage
body would remove it. In response, the corporation indicated its
willingness to remove the construction as it fell within the regulated
area of Red Fort.
The full bench also pulled up MLA Shoaib Iqbal
and his conduct, reminding him that the State is not supposed to
advance the cause of one religion to the detriment of another. "At
least, an elected member of the Assembly, who belongs to the ruling
government, and, thus, a part of the State, should not have resorted to
illegal construction. The State has no religion," the bench said, asking
police to immediately book miscreants who damaged public property and
attempted to create a communal atmosphere at the site.
The bench added it is for ASI to decide how it wants to carry out its task and said it has full authority to undertake further digging at the site if required. HC also made it clear even if some pre-existing religious structure is unearthed at the site by ASI, the land will still be a public land and ASI will be the sole authority to decide to what use it puts the site to.
Asking ASI
to submit its first report in a sealed cover by October 11, the court
said, "ASI should begin its task in right earnest with all technical
assistance."
Extending its order restraining construction at
the site, the court directed the corporation and police to assist ASI
and ensure that the area is cordoned off. HC also asked police to
prevent rumour mongering so that any endeavour to give communal
overtones is stopped. "All measures as are necessary to do so will be
taken," the judges said and declined a plea to allow people to offer
prayers for Ramzan or perform puja at the site.
Following the purported discovery of the remains of the Mughal era Akbarabadi Mosque during digging by Delhi Metro, local people led had begun building a mosque there earlier this month.
"We'll plan the demolition drive in consultation with police. We will
soon write to Delhi Police to provide us adequate security," said PK
Gupta, commissioner, North Delhi Municipal Corporation.
