The Delhi High Court has sought personal affidavits from senior officials of the Archaeological Survey of India (ASI), Municipal Corporation of Delhi (MCD) and Delhi Police, identifying officers responsible for allowing unauthorised construction near a protected monument despite statutory restrictions and a judicial order restraining further construction.

A division bench comprising Acting Chief Justice Nitin Wasudeo Sambre and Justice Sanjay Sharma observed that the conduct of officials enabled the owner to complete the unauthorised construction in the regulated area of the Tomb of Raushanara and the Barahdari, a nationally protected monument.

The Court observed that the ASI and MCD officials failed to act in accordance with the statutory provisions governing the protection of ancient monuments and municipal construction.

“Such conduct of the officials of respondent no. 2 and respondent no. 3 has aided the private respondent/respondent no. 4 to complete the unauthorized construction in question,” the bench observed.

The Court was hearing a plea filed by one Manish Grover concerning unauthorised construction at a property situated on Singh Sabha Road in city's Shakti Nagar.

The ASI had issued a work-stop notice to the property owner, Santosh Sharma, on February 15, 2024, after finding that construction was being carried out in the regulated area of the protected monument. A police complaint was also lodged the same day.

Subsequently, on April 10, 2024, the Superintending Archaeologist, ASI, Delhi Circle, wrote to the MCD and the Deputy Commissioner of Police, North West District, requesting immediate steps to halt and remove the unauthorised construction.

However, the Court noted that the MCD issued a show-cause notice only on March 21, 2025, despite the unauthorised construction having been brought to the authorities' notice nearly a year earlier.

The Court also took note of an earlier interim order dated September 09, 2025, restraining the property owner from undertaking any further construction and directing the concerned Station House Officer to ensure compliance with the order.

Despite the restraint, the Court observed that the construction had progressed to completion. It was informed that the building, which had reached four floors according to the ASI's status report, was presently occupied by the owner.

The bench questioned the owner's decision to continue construction despite the ASI's work-stop notice, observing that the conduct could prima facie be viewed as disregard for the relevant statutory provisions and warranted action.

The owner had argued that the construction was undertaken after obtaining permission from the MCD and on the basis of an architect's certification that it was within the permissible area and in accordance with law. It was also contended that repeated attempts to obtain an NOC from the ASI had gone unanswered.

However, expressing dissatisfaction with the response of the authorities, the Court said:

“Though the respondent no. 2/ASI has assured that action will be taken, however, there is neither a sense of sensitivity nor that of determination.”

It added that a similarly callous approach was evident on the part of MCD officials.

The Court permitted the authorities to take such steps as are permissible in law and directed the highest officers of the MCD, ASI and Delhi Police to file personal affidavits within two weeks, disclosing the names and designations of the officers responsible for the lapses.

Specifically, the Court directed the ASI to disclose the officers responsible for the decisions taken in the matter.

“Similarly, we direct the Special CP-Delhi Police to file an affidavit disclosing the names and designations of the officers of the police station who have overlooked the illegal/unauthorized construction in the matter,” the Court directed.

“Similarly, we direct the Commissioner of the Municipal Corporation of Delhi to file a similar affidavit disclosing the designation and names of the highest officers who are responsible for such default,” it added.

The matter will next be heard on October 28.