New Delhi: It is “apparent” that for one reason or another, a physical demarcation of vacant areas of Tughlaqabad Fort is not taking place, Delhi High Court pointed out on Wednesday, demanding answers.
A bench of acting Chief Justice Vibhu Bakhru and Justice Tushar Rao Gedela sought the presence of the local sub-divisional magistrate (SDM) and a senior official of Archaeological Survey of India (ASI) to explain why they were not abiding by clear court directions for a survey to identify encroachments in and around the historic fort.
It said both should “resolve” the issue as it was apparent that for one reason or another, a physical demarcation was not being carried out for several years, “which we consider necessary to address the issue of rampant encroachment”.
The court found it “difficult to reconcile” the statement made by ASI in its status report that the SDM and the private consultant in charge of physical demarcation had declined to carry out the same, when govt claimed there is no reluctance of the SDM, but the officer’s role is only to assist ASI. “We have some reservations to the said submissions,” the court added as it cited a 2017 order that asked for the formation of a multi-agency committee to facilitate the survey of the structures and encroachments.
It was dealing with a fresh application by power discom BSES seeking permission to give electricity connections in the fort’s Lal Dora areas. However, the court-appointed amicus curiae highlighted that a physical demarcation survey had still not been carried out. ASI even earlier blamed agencies for the lack of cooperation. In 2022, it expressed its inability to remove the encroachments due to non-cooperation of other departments, a claim denied by the lawyers for MCD, DDA and govt even as the high court granted six weeks as the “last indulgence” to ASI to remove encroachments.
Last year again, HC ordered ASI to remove the encroachments within four weeks, saying it couldn’t be a “silent spectator” on the issue. It noted that in 2016, the Supreme Court passed an order for the removal of encroachments in the area and ASI already pasted 1,248 notices on various structures within the fort. The bench then asked BSES to cooperate as the electricity connection at the site needed to be snapped before removing the encroachments and called for status reports from the authorities.
The high court earlier prohibited all land transactions and building activities in the area and expressed concern over the “rampant and unabated” illegal constructions in the fort complex despite the Supreme Court disallowing it. A PIL was filed in 2001 to protect, maintain and preserve the historic fort. The apex court directed HC to monitor these aspects.
In Feb 2016, the apex court declared the entire Tughlaqabad Fort a protected area and directed ASI not to allow any land grabbing or encroachment there.
