Tuqhlaqabad Fort reflects heritage, needs to be freed from encroachments: Delhi HC

New Delhi, Sep 24 (PTI) The Delhi High Court on Wednesday said the ancient Tughlaqabad Fort, a monument of national importance reflecting historical ethos and heritage, needs to be preserved and freed from all encroachments and illegal constructions.

Noting that various encroachments have taken place in the Tughlaqabad Fort area where a large number of families from the lower strata of society have been residing for long, the high court said removal of illegal construction would also entail a human problem and authorities like the Centre, Delhi government, Archaeological Survey of India (ASI) and municipal bodies need to solve the issue together.

"We are of the opinion that parties of the Centre, state government, ASI, DDA (Delhi Development Authority), MCD (Municipal Corporation of Delhi) and other related bodies should conduct a survey of the area and devise a joint policy decision not only for removal of illegal encroachment and construction but also to rehabilitate those who may be required to be uprooted and displaced," a bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela said, noting that the Tughlaqabad Fort is a protected monument.

During the hearing, the court directed that the Centre, secretaries of the Ministry of Housing and Urban Affairs, and the Department of Urban Development, MCD and the Delhi commissioner of police be impleaded as respondents in the matter and notices be issued to them.

"Tughlaqabad Fort is one such monument which is of national importance, ancient and reflects our historical ethos and heritage and, therefore, needs to be preserved. These encroachments and illegal constructions, therefore, will have to be removed not only to ensure that the mandate of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 is followed but also to ensure that our historical heritage and ethos are preserved for posterity," the bench said.

The court, while hearing pleas concerning rampant encroachment in the Tughlaqabad Fort area, said the purpose of the Act is very clear which is to protect the history and heritage.

It noted that during the pendency of these proceedings, various kinds of helplessness have been expressed by the ASI so far as the removal of the encroachment is concerned.

"We have already observed above the need to make the entire area encroachment-free if we have to follow the legislative mandate in the 1958 Act, to preserve the monument," the bench said.

The court noted the ASI counsel's submission that from the demarcation, it has become clear that there does not appear to be any encroachment inside the monument, outside the monument and within the boundary wall of the monument but encroachment exists outside its boundary.

It said the residents in the area, though unlawfully, have been residing for a long time, maybe with the connivance of the authorities.

The court noted that the matter at some stage was taken up by the CBI but the outcome of the issue is not known and asked the agency's counsel to get instructions on it.

It also constituted a committee of officials of various departments to deliberate on the issues and also consider various government schemes for rehabilitation including the Prime Minister-Unauthorised Colonies in Delhi Awas Adhikar Yojana (PM-UDAY).

The court expressed hope and reposed trust that the committee should consider all aspects and take a decision for the removal of unauthorised occupants, illegal construction and rehabilitation of residents who may be found eligible in terms of the policy decision.

It asked the committee to file a report on the progress of the matter and listed the case on December 3.

The high court had earlier prohibited all land transactions and building activities in the area and expressed concern over the "rampant and unabated" illegal constructions in the Tughlaqabad Fort despite the Supreme Court disallowing it.

A PIL was filed in 2001 to protect, maintain and preserve the historic fort, an issue which the apex court had directed the high court to monitor.

The court had earlier also 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 apex court in February 2016 had declared the entire Tughlaqabad Fort as protected and directed the ASI not to allow any land-grabbing or encroachment there. PTI SKV SKV KSS KSS