Local MLA might face jail for mosque: ASI
26 July 2012 8:23 AM IST
MLA Shoaib Iqbal and his associates could face legal action for carrying out illegal construction of a portion of mosque at Subhash Park, believed to be the site of Mughal-era Akbarabadi mosque.
The Archaeological Survey of India (ASI), in its notice to North Corporation dated 19 July 2012, has declared the under-construction mosque at Subhash Park in violation of Ancient Monuments and Archaeological Sites and Remains (Amendment and Validation) Act-2010, which can call for a punishment of upto two years and a fine up to Rs one lakh.
The North Corporation has called a meeting of officials concerned on Thursday to decide which agency should approach the police to lodge an FIR against the culprits for violation of the Act.
In the notice, ASI has directed the corporation to demolish the illegal structure within 15 days of the receipt of the notice, ‘failing which the same will be removed at your (North Corporation) cost’. Meanwhile, Delhi High Court has reserved its order in the case on Wednesday.
‘We have called a meeting of the officers concerned to decide the future course of action. An FIR will be lodged against the the culprits but whether the North Corporation or ASI should approach the police is yet to be decided in the meeting,’ said Yogender Chandolia, Chairman of Standing Committee of North Delhi Municipal Corporation (NDMC).
In the letter written to NDMC, ASI has cited Section 30 B of the Act, which states, ‘Whoever raises any construction in the regulated area without the permission of the competent authority, shall be punishable with imprisonment not exceeding two years or with fine which may extend to one lakh rupees or both.’
‘Now, therefore, you (North Corporation) are directed to remove the said unauthorised construction within 15 days of the receipt of this notice failing which the same will be removed at your cost,’ added the letter.
According to the letter, under Section 20 B of the Act, construction of any type is prohibited within 100 metre area from any protected monument and an additional 200 m area has been declared as regulated area for the purpose of mining.
Any agency or individual must seek the no objection certificate of ASI before any construction or mining in the these areas.
At present, the area is with NDMC and the matter is in Delhi High Court, on which the court reserved its decision on Wednesday after hearing all the stake holders.
The ASI also told the court that the protection of the site should be the responsibility of the Delhi Police.
During the hearing, police told the court that area legislator Shoaib Iqbal, who started construction on the site, should be directed not to create any tension.
Counsel appearing for police, Pawan Sharma, said, ‘We are complying with the high court order. Shoaib Iqbal be directed not to create any tension in the area.’
A special bench of Acting Chief Justice A K Sikri, Justice S K Kaul and Justice Rajiv Shakdher reserved its order.
The Akhil Bharat Hindu Mahasabha (ABHM), a political outfit, filed an intervening application in the case and sought the removal of construction at the site, where a mosque was being built by some area residents.
Thousands of Muslims offered Friday prayers there claiming that the building remains found at the excavated site were ruins of a Mughal-era mosque.
The building’s remains were discovered early this month during Delhi Metro work.
Some people from the area claimed that the ruins were those of the 17th century Mughal-era Akbarabadi mosque and started building a fresh structure at the site but the court put a stop to it.
Following the court order, the North Delhi Municipal Corporation and police cordoned off the area and handed over the site to the ASI.
The Archaeological Survey of India (ASI), in its notice to North Corporation dated 19 July 2012, has declared the under-construction mosque at Subhash Park in violation of Ancient Monuments and Archaeological Sites and Remains (Amendment and Validation) Act-2010, which can call for a punishment of upto two years and a fine up to Rs one lakh.
The North Corporation has called a meeting of officials concerned on Thursday to decide which agency should approach the police to lodge an FIR against the culprits for violation of the Act.
In the notice, ASI has directed the corporation to demolish the illegal structure within 15 days of the receipt of the notice, ‘failing which the same will be removed at your (North Corporation) cost’. Meanwhile, Delhi High Court has reserved its order in the case on Wednesday.
‘We have called a meeting of the officers concerned to decide the future course of action. An FIR will be lodged against the the culprits but whether the North Corporation or ASI should approach the police is yet to be decided in the meeting,’ said Yogender Chandolia, Chairman of Standing Committee of North Delhi Municipal Corporation (NDMC).
In the letter written to NDMC, ASI has cited Section 30 B of the Act, which states, ‘Whoever raises any construction in the regulated area without the permission of the competent authority, shall be punishable with imprisonment not exceeding two years or with fine which may extend to one lakh rupees or both.’
‘Now, therefore, you (North Corporation) are directed to remove the said unauthorised construction within 15 days of the receipt of this notice failing which the same will be removed at your cost,’ added the letter.
According to the letter, under Section 20 B of the Act, construction of any type is prohibited within 100 metre area from any protected monument and an additional 200 m area has been declared as regulated area for the purpose of mining.
Any agency or individual must seek the no objection certificate of ASI before any construction or mining in the these areas.
At present, the area is with NDMC and the matter is in Delhi High Court, on which the court reserved its decision on Wednesday after hearing all the stake holders.
The ASI also told the court that the protection of the site should be the responsibility of the Delhi Police.
During the hearing, police told the court that area legislator Shoaib Iqbal, who started construction on the site, should be directed not to create any tension.
Counsel appearing for police, Pawan Sharma, said, ‘We are complying with the high court order. Shoaib Iqbal be directed not to create any tension in the area.’
A special bench of Acting Chief Justice A K Sikri, Justice S K Kaul and Justice Rajiv Shakdher reserved its order.
The Akhil Bharat Hindu Mahasabha (ABHM), a political outfit, filed an intervening application in the case and sought the removal of construction at the site, where a mosque was being built by some area residents.
Thousands of Muslims offered Friday prayers there claiming that the building remains found at the excavated site were ruins of a Mughal-era mosque.
The building’s remains were discovered early this month during Delhi Metro work.
Some people from the area claimed that the ruins were those of the 17th century Mughal-era Akbarabadi mosque and started building a fresh structure at the site but the court put a stop to it.
Following the court order, the North Delhi Municipal Corporation and police cordoned off the area and handed over the site to the ASI.
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