Delhi HC pulls up ASI, MCD for unauthorised construction in area of protected monument

The Delhi High Court has pulled up the Archaeological Survey of India (ASI), MCD and Delhi Police for overlooking an unauthorised construction being carried out within the regulated area of the protected Tomb of Raushanara.

The court noted that unauthorised construction was carried out despite statutory restrictions and a judicial order restraining further construction.

It directed the Municipal Corporation of Delhi (MCD) commissioner, special CP of Delhi Police and ASI director to file their personal affidavits disclosing the names of officials responsible for overlooking the unauthorised construction.

“The respondents, in our opinion, are free to take such steps in accordance with law that are permissible and provided.

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“However, we expect the highest officers of the MCD, the ASI and that of Delhi Police to file their respective personal affidavits, thereby disclosing the names of the senior officers who are responsible for the laches in overlooking such a serious default on the part of the private respondent in carrying out and continuing the unauthorised construction in absence of there being any sanction/ approval from the competent authority, that is, the ASI,” a bench of Acting Chief Justice Nitin Wasudeo Sambre and Justice Sanjay Sharma said.

The high court, in its October 9 order, observed that the conduct of officials enabled the owner of the property to complete the unauthorised construction in the regulated area of the Tomb of Raushanara and the Barahdari.

It noted that though ASI has assured that action will be taken, there is neither a sense of sensitivity nor that of determination.

Similarly, “too callous of an approach and attitude” can be noticed on the part of the officials of the MCD, it said.

The court was hearing a plea by Manish Grover concerning unauthorised construction at a property situated on Singh Sahab Road in Shakti Nagar here.

It noted that the ASI had issued a work-stop notice to the property owner on February 15, 2024, after finding that construction was being carried out in the regulated area of the protected monument. A police complaint was also lodged.

Thereafter, on April 10, 2024, the ASI official wrote to the MCD and the DCP of North West district, requesting immediate steps to halt and remove the unauthorised construction.

However, there was a complete failure on the part of the MCD which issued a show cause notice only on March 21, 2025, despite the unauthorised construction having been brought to the notice of the authorities nearly a year ago.

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On September 9, 2025, the high court had passed an interim order directing the SHO of the police station concerned to ensure that the property owner should not be permitted to carry out any further construction. However, it has not been adhered to.

“It is this conduct of the officials of the respondents which has led to the completion of the unauthorised construction,” the court said.

The counsel for property owner said once there was permission from the local planning authority, that is, MCD, there is enough compliance on their part. He contended that the owner had taken the advice of the planning architect, who certified that the construction was within the permissible area and in accordance with law.

This led to the permission being granted by the MCD, the counsel said, adding that repeated attempts on the part of the owner to secure the ‘No Objection’ from ASI remained unattended which led to the construction being continued on the plot.