The Supreme Court recently issued a contempt of court notice to the Director General (DG) of the Archaeological Survey of India for failing to file a status report on the condition of 173 protected monuments in Delhi.
A Bench of Justices Ahsanuddin Amanullah and N Kotiswar Singh said the failure was a “deliberate violation” of its earlier order.It thus directed the DG to appear in person and explain why contempt action should not be taken.
“The Court takes strong exception to the deliberate violation of the order of this Court. Accordingly, notice is issued to the Director General of the Archaeological Survey of India to show- cause, as to why, the Court may not initiate proceedings for contempt against him. He shall be personally present before the Court on the next date of listing along with his show-cause,” the Court said.
The Court was hearing a petition filed by Rajeev Suri concerning the encroachment of the Gumti of Shaikh Ali, a Lodhi-era monument in Delhi.During the hearing, Court Commissioner and Senior Advocate Gopal Sankaranarayanan placed a summary of reports before the Court. These were filed pursuant to the Court’s order of February 2 directing inspection of monuments and submission of detailed status reports.
Sankaranarayanan told the Bench that 173 monuments fall under ASI. However, no affidavit had been filed by the agency.The Court expressed strong displeasure. It then turned to lapses by other authorities.
The Bench noted that the archaeology department of the Delhi government had inspected 19 monuments but failed to provide complete, monument-wise data. Key details such as location and geo-mapping were missing. It observed that only a general statement of compliance had been filed.
Hence, it directed the department to submit a fresh affidavit with full particulars and steps taken for each monument along with updated photographs.“Only a general statement has been made that there has been compliance on the issues indicated in the earlier orders. We direct for a further affidavit to be filed giving details of the 19 sites which according to the Department of Archaeology, GNCTD, comes within its jurisdiction and which have also been inspected," the Court added.
The Bench then examined compliance by Municipal Corporation of Delhi (MCD) and noted that only 62 of 85 monuments had been surveyed. It found the record incomplete and directed the civic body to file a detailed affidavit with full particulars and photographs.
As regards the New Delhi Municipal Council (NDMC), only 2 of 54 monuments had been surveyed.The Court said that the NDMC bears responsibility for the overall coordination and supervision of heritage sites within its jurisdiction.It further noted that any suggestions made by NDMC for coordination would be considered for issuing appropriate directions.
The Bench thus directed NDMC to file a fresh affidavit setting out monument-wise details, including its role and that of other authorities, and the scheme for coordination and supervision to ensure proper maintenance of the monuments.The Bench also made it clear that authorities must place complete details on record for every monument.
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