By Debayan Roy
The Supreme Court on Monday issued notice in the appeals filed by Umar Khalid, Sharjeel Imam, Gulfisha Fatima and Meeran Haider seeking bail in the larger conspiracy case under the Unlawful Activities Prevention Act (UAPA) in relation to the 2020 North East Delhi riots [Umar Khalid v. State of NCT Delhi].
In the September 24 order, a Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela called for a survey of the area to detect encroachments so that the same may be removed.
It said that officials of the Central government, the Delhi government, the Archaeological Society of India (ASI), the Delhi Development Authority (DDA), the Municipal Corporation of Delhi (MCD) and related bodies should conduct this survey jointly and come out with a policy decision for the removal of illegal constructions at the site and to rehabilitate residents who may be displaced.
The Court proceeded to constitute a committee with various officials from these authorities to oversee this process.
Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela
The Court was hearing a batch of petitions concerning the protection and preservation of the Tughlaqabad Fort.
The Court observed that as per a demarcation report from the ASI, there were no encroachments inside the monument. However, it was noted that were substantial encroachments outside the boundary wall on the land given to the ASI in 1993.
The Court observed that the Tughlaqabad Fort an ancient monument of national importance and reflects India’s heritage and hence, needs to be preserved.
“These encroachments will have to be removed, not only to ensure that the mandate of 1958 (Ancient Monuments and Archaeological Sites and Remains) Act is followed but also to ensure that our historic heritage and ethos is preserved for posterity,” the Court stated.
The Bench acknowledged that the removal of encroachments from the area also involves the displacement of residents who may have lived in the area for a long time. Such residents will have to be rehabilitated, it said.
This story was originally published in barandbench.com. Read the full story here.
