NEW DELHI: The Delhi High Court has pulled up the Archaeological Survey of India (ASI), MCD and Delhi Police for overlooking unauthorised construction in the regulated area of the protected Tomb of Raushanara.
The court noted that the construction continued despite statutory restrictions and a judicial order restraining further work. It directed the MCD commissioner, special CP of Delhi Police and ASI director to file personal affidavits naming officials responsible for overlooking the violations.
A bench of Acting Chief Justice Nitin Wasudeo Sambre and Justice Sanjay Sharma said the officials’ conduct had enabled the property owner to complete the unauthorised construction near the Tomb of Raushanara and the Barahdari.
In its October 9 order, the court said that despite the ASI’s assurance that action would be taken, there was neither sensitivity nor determination. It also criticised the MCD officials for their “callous” approach. The court was hearing a plea by Grover concerning construction at a property on Singh Sahab Road in Shakti Nagar.
The ASI issued a work-stop notice to the owner on February 15, 2024, after finding construction in the regulated area. On April 10, 2024, an ASI official wrote to the MCD and the DCP of North West district, seeking immediate action to stop and remove the construction.
However, the MCD issued a show-cause notice only on March 21, 2025. On September 9, 2025, the HC directed the local SHO to ensure that no further construction was carried out. The order was not followed, the court noted. The owner’s counsel argued that the MCD had granted permission based on an architect’s certification that the construction complied with planning rules.