‘Demarcate vacant areas in Tughlaqabad Fort area’

HC directs use of latest technology like drones to check further construction, building or industrial activity in fort vicinity

February 16, 2017 12:24 am | Updated 12:24 am IST - NEW DELHI:

The Delhi High Court on Wednesday directed that all vacant areas within the Tughlaqabad Fort be demarcated using latest technology like drones to check further construction, building or industrial activity.

January 12 order

A Bench headed by Justice B. D. Ahmed asked the Delhi government to carry out the demarcation at the earliest, even as it reiterated its order against any construction activity in the vicinity of the fort. The government had placed before the Bench a report on demarcation carried out in pursuance of the court’s January 12 order.

The Additional Standing Counsel for the Delhi government, Naushad Ahmed Khan, said there were vacant sites and open land in the area as per the report.

370 notices

The Archaeological Survey of India (ASI), represented by the Centre’s Standing Counsel, Sanjeev Narula, told the Bench that it had issued over 370 notices since 2010 to the Sub-Divisional Magistrate (SDM) and Collector regarding illegal construction in the area, but in vain. The ASI added that it cannot take action as it does not have a task force of its own.

‘Illegal construction’

Taking note of the ASI’s contention, the Bench said: “It clearly indicates that there is rampant unauthorised construction in the area despite orders of the Supreme Court, and [that] agencies concerned are not paying heed to of the same.”

It directed the District Magistrate (DM), SDM, Deputy Commissioner of Police (south-east) and the South Delhi Municipal Corporation to take action in accordance with law whenever a notice is issued by the ASI.

Survey map

The ASI had earlier contended that it was unable to do much conservation work since it did not have the survey map in possession of the DDA. As a result, the ASI had said, all inhabitants within the Tughlaqabad Fort area had got a stay on eviction after 1993. Following court orders, the DDA provided a survey map, which was important to assess the construction, illegal encroachment and changes in the area since 1993. The High Court was hearing a PIL to protect, maintain and preserve the historic fort, an issue the Supreme Court had directed the High Court to monitor.

Supreme Court order

The High Court had earlier noted that the apex court’s direction to protect the historic fort, built in 1321 AD by Tughlaq dynasty founder Ghiyas-ud-din Tughlaq, was being violated.

The Supreme Court had in February 2016 declared the entire Tughlaqabad Fort as protected and directed the ASI not to allow any land-grabbing or encroachment there.

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