NEW DELHI: The Delhi High Court on Tuesday came down heavily on Delhi Police and Municipal Corporation of Delhi (MCD) officials for their failure to curb illegal constructions near the protected monuments Hazrat Nizamuddin ki Baoli and the Barakhamba tomb.
A division bench headed by Acting Chief Justice Manmohan was hearing a public interest litigation plea moved by the NGO Jamia Arabia Nizamia Welfare Education Society claiming that “illegal and unauthorised construction” was being done in the locality which is nearly 100 meters from the monuments.
Criticising the civic authorities over the issue, the bench suggested the possibility of handing over the investigation to the Central Bureau of Investigation (CBI).
“Either Delhi Police is involved or MCD is. We will refer the investigation to the CBI. How can a building be constructed near a centrally protected monument without the connivance of the Delhi Police? Prima facie, we are of the view that CBI investigation is called for in this matter,” the court remarked. The PIL contended that illegal guest houses had been erected within 100 meters of the protected monuments of Nizamuddin ki Baoli and Barakhamba Tomb, both in proximity to the Nizamuddin Dargah, claiming inaction of authorities in the issue.
Despite previous sealing of guest houses in the area, there was a recent surge in illegal construction, it was claimed.
During the hearing, the high court was informed that Archaeological Survey of India (ASI) issued a show cause notice to the owner of the property in question and requested the police file an FIR. The counsel appearing for the archaeological body said a report was filed by the Delhi Police in 2018 following a court order.
‘CBI probe necessary’
Criticising the civic authorities, the court doubted the role of the police as well as the MCD saying that “we are of the view that CBI investigation is called for in this matter.” The court was hearing a PIL moved by an NGO.