Dariya Khan Tomb's Protected Area To Be Treated As 1.25 Acres: Delhi High Court Clarifies

The Delhi High Court has clarified that the protected area of the Dariya Khan Tomb, situated in city's east Kidwai Nagar, would be treated as 1.25 acres.A division bench comprising Justice Rekha Palli and Justice Saurabh Banerjee was dealing with an appeal filed by NBCC (India) Limited challenging a single judge order rejecting its application seeking correction of a purported factual error in a ruling wherein was recorded that the Dariya Khan Tomb was located in an area of 14 acres. It was submitted by NBCC that when the ruling was rendered in 2021, it was unaware that the area of Dariya Khan Tomb was only 1.25 acres as against 14 acres recorded in the said decision. NBC referred to documents including copies of the notification issued as far back as in October, 1925, showing that the actual area of Dariya Khan Tomb was only 1.25 acres. The application was dismissed by the single judge by granting liberty to NBCC to approach theArchaeological Survey of India (ASI). It was NBCC's case that the single judge denied the relief despite the documents clearly showing that the protected area of Dariya Khan Tomb was only 1.25 acres. It was accordingly prayed that the impugned order be set aside by clarifying that the protected area of the Dariya Khan Tomb was only 1.25 acres.In its decision, the division bench said that when the correct factual position was already before the Single Judge, instead of relegating NBCC to the ASI, the single judge ought to have issued the necessary clarification in respect of the prohibited area pertaining to the Dariya Khan Tomb.The Court observed that even if it was to be clarified that the protected area of the Dariya Khan Tomb was only 1.25 acres, NBCC would not be automatically entitled to carry out any further construction or commercial activities in the prohibited area or the regulated area outside the Dariya Khan Tomb.The Court was of the opinion that no directions could be issued on NBCC' prayer for carrying out additional construction for which it should approach the Competent Statutory Authorities.“For this purpose, we may note that it is the common case of the parties that the protected area of the Dariya Khan Tomb is surrounded by a prohibited area in the nature of a circular belt with a radius of 100 meters and the regulated area being a circular belt with a radius of further 200 meters,” the bench said. It added: “We, accordingly, dispose of the appeal by clarifying that the protected area of the Dariya Khan Tomb would be treated as 1.25 acres, making it clear that this would not amount to permitting the appellant to carry out any further construction/commercial activities without seeking appropriate orders from the Competent Statutory Authorities.”Title: NBCC (INDIA) LIMITED v. AMAN LEKHI & ORS.Citation: 2025 LiveLaw (Del) 117Click here to read order

Dariya Khan Tomb's Protected Area To Be Treated As 1.25 Acres: Delhi High Court Clarifies

Nupur Thapliyal

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