KAMLESH KUMAR

23.12.2020 22:56

$~11

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P. (C) 10954/2020

RISHI SEHDEV .....Petitioner
Through: Mr Vikram Singh Baid, Mr Ashish
Chauhan and Mr Kushagra Bansal,
Advocates.

versus

SOUTH DELHI MUNICIPAL CORPORATION OF DELHI & ANR.

..... Respondents
Through: Mr Ajjay Arorra, SC for South
DMC/R-1.
Mr Gaurang Kanth, CGSC for UOI.
Mr Naushad Ahmed Khan, ASC for
GNCTD.
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI

ORDER
% 23.12.2020
The hearing was conducted through video conferencing.
CM APPL.34304/2020 (exemption)
1. Allowed, subject to all just exceptions.
2. The application stands disposed-off.
W.P. (C) 10954/2020
3. Delhi Police through SHO, Mehrauli and the Tree Officer, GNCD are
necessary parties, accordingly they are impleaded as R-3 and R-4
respectively. The petitioner contends that the construction carried out
over many months, by one Mr. Mukesh Panika, resident of H-5/1 to
H-5/20, Kalka Das Marg, Mehrauli, Delhi, is unauthorised. The said
 person also is a necessary party. Therefore, he is impleaded as R-5.
Let amended Memo of Parties be filed within three weeks.
4. Issue notice. The learned counsel noted above accept notice. The
learned ASC for the GNCTD states that he will intimate the Police
Department as well as the concerned counsel.
5. Issue notice to R-5 through speed post, approved courier, e-mail,
WhatsApp, SMS and such other forms of electronic service as may be
viable, through counsel as well, returnable on 17.02.2021.
6. The petitioner is aghast at the inaction of the Corporation apropos the
large-scale construction of buildings immediately next to the Qutub
Minar, a monument protected by the ASI. The timeline of Google
Earth photographs annexed to the petition are reproduced hereunder:
7. The construction has been carried out in such a large area – surely,
this could not have escaped the attention of either the police, the ASI
or the Corporation.
8. The learned Standing Counsel for the Corporation submits that on the
basis of misrepresentation of facts and fabrication of documents,
permission for a building has been taken from the ASI and the
Corporation. This is odd because, permission could not have been
granted for any construction in the prohibited zone of 100 metres
abutting a protected monument. The construction has taken place
roughly 40 metres from the Qutub Minar, world-renowned monument
protected monument.
9. Let the concerned Zonal Deputy Commissioner of the Corporation
also look into the matter and fix responsibility of the officers who
may be found to be in dereliction of their duties.
10.Similarly, the matter be also looked by the Director General of ASI.
The DCP, South too shall look into the matter with respect to the role
of the police in this regard.
11.The learned Standing Counsel for the Corporation further submits that
one full-grown tree has been cut. However, the aforesaid photographs
would show that quite a number of trees have been felled.
12.In the circumstances, the Tree Officer too is directed to visit the site
and look into the matter and ascertain the position apropos the trees
that may have been felled or damaged. Remedial measures as may be
directed by the Tree Officer shall be initiated.
13.The Court is informed that further construction at the site has been
 stopped by the Corporation; no further construction shall be allowed,
and that the Delhi Police and ASI have also been intimated in this
regard.
14. The affidavits, along with photographs and relevant documents, on
behalf of the aforesaid four departments i.e. the Corporation, ASI,
Delhi Police and Tree Officer, shall be filed within four weeks from
today.
15.The order be uploaded on the website forthwith.

NAJMI WAZIRI, J
DECEMBER 23, 2020/rd