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Synopsis

The Delhi High Court on Wednesday sought status report from the Municipal Corporation of Delhi (MCD) and the Archaeological Survey of India (ASI) on illegal construction/encroachment near a protected historical monument “Moth ki Masjid” before the next date of hearing.

A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad was hearing a Public Interest Litigation (PIL) filed over illegal and unauthorized construction/encroachment on Government land in a prohibited area, namely property No.105, Masjid Moth Village, New Delhi 110049, which is near a protected historical monument, “Moth ki Masjid”.

The Petitioner alleged that some people have begun raising illegal construction on the property in question without obtaining a NOC from the Archaeological Survey of India (ASI) or a sanctioned site plan from the Building Department of the Municipal Corporation of Delhi (MCD).

Counsel appearing for MCD submitted that the alleged construction/encroachment was brought to MCD's attention, and action has also been taken.

The counsel claimed that the MCD issued a notice for sealing the property in question on July 13, 2022, and ensured that no illegal/unauthorized construction takes place on the aforesaid property.

Subsequently, the counsel appearing for the ASI submitted that no construction will be permitted adjacent to the protected historical monument and any ongoing construction near the protected historical monument will be removed in accordance with the law.

Advocate GS Oberoi appearing for the owner of the property in question contended that he has not been made a party in the present petition.

Oberoi also claimed that only repair work is being done on the property, for which MCD has already granted permission.

To this, the Court opined that the owner of the property is unquestionably a necessary party to the present petition, and directed the petitioner to implead him by filling an appropriate application.

Court further directed the MCD to ensure that no construction or encroachment occurs in or around the protected historical monument.

Furthermore, Court directed that MCD will proceed with the notice dated July 13, 2022.

“The MCD and ASI are free to take actions regarding other constructions/encroachments in and around the protected historical monument, as well as file a Status Report before the next hearing date,” the court ordered.

Accordingly, Court listed the matter for further hearing on November 25, 2022.

Case Title: Manoj Kumar v. The Commissioner of MCD & Ors.