Delhi High Court Forms Committee To Remove Encroachments, Rehabilitate Displaced Residents Near Tughlaqabad Fort

The Delhi High Court has constituted a Committee for conducting a survey and devising a joint policy decision for removal of illegal encroachments and rehabilitation of those who may be required to be uprooted and displaced in an around city's Tughlaqabad Fort.A division bench comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela observed that Tughlakabad Fort is an ancient monument which is of national importance and reflects India's historical ethos and heritage which needs to be preserved.The Committee is to comprise of the following members:- Secretary, Department of Housing and Urban Affairs, Government of India- Chairman- Director General, Archaeological Survey of India-Member- Secretary, Department of Housing and Urban Development, GNCTD-Member- Commissioner, Municipal Corporation of Delhi-Member- Commissioner, Delhi Police-Member- Vice-Chairman, Delhi Development Authority-Member- Divisional Commissioner, Revenue Department, GNCTD-Member Any other person/officer/body which this Committee deems fit may be co-opted“The aforesaid Committee while deliberating issues and suggesting policy decision shall also consider various Government Schemes for rehabilitation including the Pradhan Mantri - Unauthorised Colonies in Delhi Awas Yojana as well,” the Court said. The Bench expressed its hope that the Committee shall take into account all the relevant aspects and take appropriate decision for removal of unauthorized occupants and constructions as also rehabilitation of the residents, who may be found eligible in terms of the policy decision which may be taken in the matter. The Court further directed that all other authorities of Delhi Government as also the Government of India shall fully cooperate with the Committee and whenever required, shall provide the relevant material.The Court was dealing with a batch of pleas, including a suo motu case initiated in 2018. Senior Advocate Dayan Krishnan has been appointed amicus curaie in the matter. The Court said that Tughlakabad Fort is a protected monument within the meaning of the Ancient Monuments and Archaeological Sites and Remains Act, 1958. It added that unfortunately, various illegal encroachments have taken place since long and people from lower strata of the society have been residing in the area.“Though, no exact estimate is available as to the number of families residing in such area by encroaching and putting up small dwelling units in the shape of shabby shanties, however, the number is substantial. It is also on record that apart from these shanties, some of the illegal occupants and encroachers of the land, which is otherwise prohibited under the 1958 Act, have constructed even pucca proper houses,” the Court noted. Further, the Bench observed that illegal encroachments or constructions in and around the Fort will have to be removed, not only to ensure that the mandate of 1958 Act is followed but also to ensure that our historical heritage and ethos are preserved for the posterity.“We have already observed above the need to make the entire area encroachment free, if we have to follow the legislative mandate expressed in the 1958 Act to preserve the monument. However, such removal shall entail a human problem as well, which also needs to be solved by all the authorities including Government of India, the State Government, the Archaeological Survey of India and other related bodies such as Municipal Bodies,” the Court said.The matter will now be heard on December 03.Title: S.N.BHARDWAJ ADVOCATE v. ARCHCOLOGICAL SURVEY OF INDIA & other connected mattersCitation: 2025 LiveLaw (Del) 1213Click here to read order

Delhi High Court Forms Committee To Remove Encroachments, Rehabilitate Displaced Residents Near Tughlaqabad Fort

Nupur Thapliyal

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