The Delhi High Court on Monday allowed the Archaeological Survey of India (ASI) to remove illegal construction at the purported excavated mosque site near the historic Jama Masjid.
A special bench of Acting Chief Justice A K Sikri, Justice S K Kaul and Justice Rajiv Shakdher asked the ASI to implement its order dated 19 July in which it directed North Delhi Municipal Corporation to remove the unauthorised construction within 15 days.
‘The ASI should begin its task in right earnest with all technical assistance to verify the position at site, which they should take possession of. It will be open to the ASI to carry out further digging or any other activity at site as they deem appropriate for verifying the site position and respective claims,’ the bench said.
‘The stand of the ASI is unequivocally reflected in its notice dated 19 July with which North Delhi Municipal Corporation is, in fact, in agreement. The said authorities concerned with the assistance of police should, thus, implement the statutory mandate without fail,’ court ordered.
People in Subhash Nagar area close to Jama Masjid started the construction of a mosque at the site at Subhash Park after a building’s remains were discovered early this month during excavation for Delhi Metro work. The area people claimed that the remains were those of the 17th century Mughal-era Akbarabadi mosque.
According to the ASI, Subhash Park fell within the restricted zone of two protected heritage sites -- Sunehri Masjid and Red Fort-and any construction in the area required permission from the National Monuments Authority.
It also said that construction at the excavated site was illegal under the provisions of the Ancient Monuments and Archaeological Sites and Remains Act. The court asked the ASI to submit a status report to the court in a sealed cover within two months, and posted the matter for 11 October.
The judges said: “The police will maintain vigil so that law and order is maintained at the site and unnecessary rumour mongering and endeavour to give communal overtone is prevented.”
The court earlier this month put a stop on construction work at the site at Subhash Park and asked the ASI to investigate if the Akbarabadi Masjid, whose ruins were being claimed to have been found there, did exist or not.
A special bench of Acting Chief Justice A K Sikri, Justice S K Kaul and Justice Rajiv Shakdher asked the ASI to implement its order dated 19 July in which it directed North Delhi Municipal Corporation to remove the unauthorised construction within 15 days.
‘The ASI should begin its task in right earnest with all technical assistance to verify the position at site, which they should take possession of. It will be open to the ASI to carry out further digging or any other activity at site as they deem appropriate for verifying the site position and respective claims,’ the bench said.
‘The stand of the ASI is unequivocally reflected in its notice dated 19 July with which North Delhi Municipal Corporation is, in fact, in agreement. The said authorities concerned with the assistance of police should, thus, implement the statutory mandate without fail,’ court ordered.
People in Subhash Nagar area close to Jama Masjid started the construction of a mosque at the site at Subhash Park after a building’s remains were discovered early this month during excavation for Delhi Metro work. The area people claimed that the remains were those of the 17th century Mughal-era Akbarabadi mosque.
According to the ASI, Subhash Park fell within the restricted zone of two protected heritage sites -- Sunehri Masjid and Red Fort-and any construction in the area required permission from the National Monuments Authority.
It also said that construction at the excavated site was illegal under the provisions of the Ancient Monuments and Archaeological Sites and Remains Act. The court asked the ASI to submit a status report to the court in a sealed cover within two months, and posted the matter for 11 October.
The judges said: “The police will maintain vigil so that law and order is maintained at the site and unnecessary rumour mongering and endeavour to give communal overtone is prevented.”
The court earlier this month put a stop on construction work at the site at Subhash Park and asked the ASI to investigate if the Akbarabadi Masjid, whose ruins were being claimed to have been found there, did exist or not.