NEW DELHI: The SC on Friday ordered a stay on any further construction or renovation at the centuries-old religious structures inside Mehrauli Archaeological Park in Delhi, including the 13th-century Ashiq Allah Dargah and the Chillagah of Baba Farid, the revered Sufi saint.
“There shall be no construction or additions to the present structures,” ruled a two-judge bench led by Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar while hearing an appeal filed by Zameer Ahmed Jumlana. The Court also directed the Archaeological Survey of India (ASI) to submit a detailed report on the original designs of these structures and any subsequent alterations.
The bench of the top court was hearing a challenge against the Delhi High Court’s order, which refused to issue specific directions for protecting these historical religious sites. During the hearing, the Supreme Court inquired about unauthorised additions to the original structures and ordered that no further encroachments take place until the matter is heard further.
The Court clarified that even if the structures are not officially designated as protected monuments, they are still regulated by provisions under the Archaeological Survey Act (AMASAR). Following this, the ASI sought permission to file a comprehensive report on the current status of the structures, which the Court allowed.
“The status report is filed by ASI. However, it is stated that this is an interim report, as further verification of the original structures is required. The matter is to be relisted in the week commencing April 28. ASI is granted liberty to file a status report, and the parties may submit their objections if any,” the Court stated.
Earlier, on December 25, the ASI informed the Supreme Court that the two structures hold religious significance as Muslim devotees visit the Ashiq Allah Dargah and the Chillagah of Baba Farid daily. The ASI’s report mentioned that an inscription on the tomb of Shaikh Shahibuddin (Ashiq Allah) indicates it was constructed in 1317 AD.
Petitioner Jumlana argued that the Delhi Development Authority (DDA) planned to demolish structures under the pretext of removing encroachments without properly assessing their historical importance. He moved the Supreme Court against a February 8 Delhi High Court order, which suggested that the matter be reviewed by the Delhi Lieutenant Governor V.K. Saxena-led Religious Committee. Jumlana contended that this committee was not the appropriate forum to determine the antiquity of these structures.
The ASI also submitted that the tomb is located near the citadel of Prithviraj Chauhan and falls within the 200-metre regulated zone under the Ancient Monuments and Archaeological Sites and Remains Act.
Court directions
“There shall be no construction or additions to the present structures,” ruled a two-judge bench led by CJI Sanjiv Khanna and Justice Sanjay Kumar while hearing an appeal filed by Zameer Ahmed Jumlana. The Court also directed the ASI to submit a detailed report on the original designs of these structures and any subsequent alterations. The Court clarified that even if the structures are not officially designated as protected monuments, they are still regulated by provisions under the AMASAR.