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Row over building near Nizamuddin sites

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The Times of India 27.09.2009

Row over building near Nizamuddin sites

NEW DELHI: Residents of Nizamuddin basti are up in arms against an unauthorized multi-storey building that is coming up near the dargah. Despite several complaints to Municipal Corporation of Delhi (MCD) and Archaeological Survey of India (ASI), residents claimed construction work was going on at full-swing at the building. They said recently work on the third storey was completed.

The building falls within 100m of two centrally-protected monuments Chausath Khamba and Atgah Khan's tomb and thus, lies in a prohibited zone. Under the Ancient Monuments and Archaeological Sites and Remains Act, 1954, no construction work is allowed within 100m of a protected site. The construction work also does not have any sanction from the MCD, residents said.

"Despite complaints to the concerned authorities and the police, no action has been taken so far and unauthorized work is still going on. They (the building occupants) have erected projections towards the graveyard and have opened a door illegally,'' said Syed Kamal Nizami, a resident who lives nearby.

Residents said most of the work was undertaken in night and though, an emergency call was made to PCR at 2:45am on September 7, work was discontinued for merely 20 minutes and then re-started again. "We have seen the speed at which the work is being completed in the building. Within a year, all three-storeys have come up and no authority has intervened,'' said Nizami.

The matter was also taken to a Patiala House court. Last month the trial court directed MCD to file a status report on the alleged construction. Next date of hearing in the case is October 10. Residents have also filed an RTI with MCD, inquiring into the nature of the unauthorized construction and the action, if any, that MCD has initiated against the people carrying out the construction. A reply to the RTI plea is expected within the next few weeks.

ASI Delhi circle chief K K Mohammed said the construction was very much in a prohibited zone and in violation of their guidelines. "We have issued a notice to the persons concerned and also sent a copy of the complaint to the police and the MCD,'' he said.

ASI officials said action in this matter has to be taken by MCD and that they have already written to the civic agency regarding this. MCD deputy commissioner (city zone) Vijay Singh said: "We have issued a showcause notice to the occupants of the building. No further construction work will be permitted. The premises will also be sealed in the next few days after which we will book the building and give demolition orders for the illegal construction.''

Locals in the area also said sub-standard material was being used in the construction and it could cause harm to those who live near the under-construction structure or to tourists visiting the shrine of Nizamuddin Aulia.