SC directs ASI supervision of Mehrauli monuments
The court's order came on a petition filed by Zameer Ahmed Jumlana, who sought protection of the structures -- Ashiq Allah Dargah and the Chillagah of Baba Farid -- from demolition drives. The petitioner argued that though the sites were of historic significance, DDA was treating them as encroachments while clearing illegal structures in the Mehrauli green belt.
A bench of justices BV Nagarathna and R Mahadevan ruled that the monuments' repair and renovation, if required, must be carried out under ASI supervision. 'We dispose the appeals by observing that ASI should take under its consideration the supervision of the monuments in question in the matter of repair and renovation,' the order said.
DDA told the court that its actions were not aimed at destroying the monuments but at removing unauthorised constructions -- pucca structures and extensions -- built around them. However, the bench relied on an ASI status report submitted earlier this year that confirmed the heritage value of the two sites. 'The counsel for DDA submits that the said authority is concerned only with demolition of unauthorised structures… We have perused the status report of ASI. The DDA would abide by the decision of ASI,' the bench said.
According to ASI, the Ashiq Allah Dargah is the tomb of Shaikh Shahibuddin, an inscription on which states it was built in 1317 AD. Shaikh Shahibuddin, considered a saint, was a khadim (attendant) of the renowned Sufi master Qutubuddin Bakhtiyar Kaki. The tomb lies to the west of Ranjit Gate of the Citadel of Rai Pithoda, the fort of Prithviraj Chauhan, which is a centrally protected monument.
The second site, the Chillagah of Baba Sheikh Fariduddin Shakar Ganj, marks the meditation grounds of the 12th-13th century Sufi saint, who was also the chief disciple of Qutubuddin. Chillagahs traditionally served as places of seclusion for saints seeking spiritual retreat.
The order assumes significance as neither of the two structures is a protected monument under the Ancient Monuments and Archaeological Sites and Remains Act, 1958. But it falls within the 200-metre regulated zone to the centrally protected monument of the citadel of Prithviraj Chauhan. Under the AMASR Act, any construction, repair, or renovation within this zone requires prior permission of the competent authority.
The petition was filed in the top court challenging a February 8 order passed this year by the Delhi High Court in a public interest litigation (PIL) filed by one Himanshu Damle who apprehended demolition of protected or national monuments in Mehrauli citing demolition of an 800-year-old Akhunji Masjid in the same area.
Advocates Nizam Pasha and Talha Abdul Rahman, appearing for the petitioner, told the top court that the HC did not find the structure ancient. However, the ASI report cemented this fact and DDA should give an undertaking that the monuments will not be demolished.
The bench observed, 'In the guise of protecting the monument, you cannot seek protection of unauthorised construction. Our only concern is that the monument must be protected.'
The ASI's December 2023 report observed that the sites carry 'some historical importance' with layers dating back to the 12th and 13th centuries, though many historical layers were missing due to alterations over the years.
The report noted that the structures now bear a 'modern look with massive alteration of the original heritage fabric.'
However, it noted that the structures are frequently visited by devotees who come to light lamps at the Ashiq dargah for fulfilment of wishes and visit Chillagah to get rid of evil spirits and bad omen.
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