NEW DELHI: The Delhi High Court on Thursday raised its concern over the issue of encroachment and unauthorised constructions of religious structures on forest lands, remarking that there are enough religious structures in the national capital and highlighted the lack of breathing space in the city.
A division bench headed by Acting Chief Justice Manmohan said that the forests need to be restored and pointed out the city's alarming levels of air pollution.
It also noted the health implications of unchecked urbanisation, citing the detrimental effects of air pollution on public health. It urged a balance between heritage preservation and environmental conservation, stressing the need to prioritise the well-being of citizens.
"..How will you enjoy the heritage if you can't breathe in the city? We have to balance our interests.." Justice Manmohan orally remarked.
The bench also comprising justice Manmeet Pritam Singh Arora said the encroachment issue is very serious and the state has lost possession of its valuable land.
Highlighting the need to preserve forested areas and only “certified” heritage monuments, the court cautioned against the proliferation of unauthorised constructions.
The high court was hearing a plea seeking protection for ancient monuments, particularly the Ashiq Allah Dargah in Mehrauli, from demolition.
During the hearing, the bench noted the significance of protecting monuments certified by the Archaeological Survey of India (ASI) or the National Monuments Authority. However, it said that unauthorised constructions lack protection under the law and cannot be permitted, except for monuments certified by relevant authorities.
In relation to the communal sentiments purportedly linked to the matter, the court cautioned against divisive agendas and emphasised the need for clarity in preserving heritage sites while evicting unauthorised occupants.
Delhi Development Authority (DDA) submitted before the court that it will ensure to adhere to the statutory regulations in preserving heritage structures and undertaking demolition actions lawfully.
Concluding the proceedings, the bench reiterated the paramount importance of public health and urged cooperation in vacating unauthorised structures for the betterment of society.
