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Synopsis

The Delhi High Court on Tuesday strongly criticized Delhi Police and Municipal Corporation of Delhi (MCD) officials for their failure to curb illegal constructions near the Hazrat Nizamuddin Dargah.

The bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora suggested the possibility of entrusting the investigation into the matter to the Central Bureau of Investigation (CBI).

Expressing skepticism over unauthorized construction near a centrally protected monument, the court remarked that such activities could not occur without the involvement of the police and civic authorities.

The bench contemplated referring the case to the CBI, stating, "Either Delhi Police is involved or MCD is. We will refer the investigation to the CBI. How can a building be constructed near a centrally protected monument without the connivance of the Delhi Police? Prima facie, we are of the view that CBI investigation is called for in this matter."

The court was hearing a Public Interest Litigation (PIL) filed by the Jamia Arabia Nizamia Welfare Education Society, highlighting the issue of illegal construction in Delhi's Nizamuddin area.

The organization claimed that illegal guest houses had been erected within 100 meters of the protected monuments of Nizamuddin ki Baoli and Barakhamba Tomb, both in proximity to the Nizamuddin Dargah. The petitioner argued that despite previous sealing of guest houses in the area, there was a recent surge in illegal construction, and authorities were not taking adequate action.

The Archaeological Survey of India (ASI) issued a show cause notice to the owner of the property in question and requested the police file a First Information Report (FIR), as conveyed to the Court.

In response to the concerns raised, the court summoned the Deputy Commissioner (Central Zone) of the MCD, directing the official to appear before the court.

Additionally, the bench ordered authorities to prevent any further construction on the property mentioned in the petition.

Case Title: Jamia Arabia Nizamia Welfare Education Society v. Delhi Development Authority through its Vice Chairman and Ors.