'There Are Enough Religious Structures In Delhi, Let Forests Be Restored': High Court On Unauthorised Encroachments On Forest Land

The Delhi High Court on Thursday expressed concern over unauthorised encroachments and constructions of religious structures which are not protected by statutory authorities inside the forest land here, observing that there are enough religious structures in the city and the forests should be left to be restored.

A division bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora remarked that any monument certified by the Archaeological Survey of India (ASI) or the National Monuments Authority shall be protected but unauthorised constructions cannot have any protection.

“Whatever is protected by the authorities under the Act will be protected….Whatever is certified by the ASI will be protected, whatever is certified by the National Monuments Authority will be protected. Nothing will be raised which is actually declared as a heritage. That we have no quarrels with,” the court said.

The bench added that except the monuments that are certified by the authorities as protected monuments, no other construction inside the forest land can be permitted.

The court was dealing with a plea moved by one Himanshu Damle and another individual, seeking that the ancient monuments, particularly Ashiq Allah Dargaah in Mehrauli, be protected from demolition. It was their case that the Dargah is “next on the chopping block.”

Going through the petition, the bench referred to photographs of some structure and said that it was a fresh construction as colourful tiles, which were not available in the city even in the last 10 years, were used.

“We cannot even breathe in Delhi. We have enough structures in Delhi. It can become a problem. It is not the way to be constructed. So much crowd is coming in,” the court said.

It added that if the ASI will say that a structure is sacred, the court will direct the same to preserve it but no one can stay there.

“Everyone will move out otherwise the whole forest is getting destroyed,” the court said.

The counsel appearing for the petitioners said that there are some structures which are as old as the ancient monuments but are not certified by the authorities to be protected. He said that there is evidence to show that the structures are older than everything.

“Let the forests be restored, that's all. Let the forests be restored…..You don't understand, people are dying in the city because of the air pollution. This is our only saviour. This is our last bastion. We will not be able to breathe. What will you see? How will you enjoy the heritage if you can't breathe in the city? We have to balance our interests,” the court said.

It added: “Enough Peers, Dargahs and Temples are there in the city. We have more than sufficient. It is not that. And please you see, all your cars will lead to motorable roads.”

“The problem today is, this will only aid and abet the unauthorised construction. We have seen it in the past and if there is something old which they say is heritage, they will ensure that heritage monuments are not disturbed but no one will stay there. Everyone has to be evicted.”

The counsel appearing for DDA submitted that the green area in the Sanjay Van was completely encroached and that the authority has demolished various structures, including four temples.

To this, the petitioners' counsel responded that there was no communal agenda in the matter and there was no question of religion.

Hearing this, the bench remarked:

“I'm telling you, it's all very well to do all this. But there's a bigger game plan in all this. We have seen it, we have seen it from childhood. How this is done in Delhi. It is all done with a slant, with a slogan, it is not done directly. It is to confuse the general public. That's how it is done. All this is to create confusion, to create division in the society…..You don't feel for the delhiites, the young children who are being born with defunct lungs, feel for them.”

“When a surgeon today opens up anyone's body, he doesn't find the lungs red, they're all black. All doctors are saying this. Please understand what you're dealing with, few people staying inside the forest will have to go. They can't be protected. They will have to be evicted. Wherever this authorized construction has taken place will go.”

“They will they'll take a call, statutory authority will take a call… If there is a survey of monuments. They will act in accordance with that survey. If it is a protected monument and a national monument, it will be protected. But no one will stay there. Let's be clear about it….There'll be no motorable roads to go, sightseeing viewpoint which are being created will not be there.”

The court also asked the petitioners' counsel to make a request to the people who are staying inside the forest or have shrines and temples or Gurudwaras, to vaxate from the premises, adding that it is for the betterment of the society at large.

“Health is at the highest pedestal. Look at the people who are suffering from lung diseases today in Delhi. Unbelievable. We are such an unhealthy population today, What are you going to leave for…!,”'the court said.

The counsels appearing for DDA and other authorities told court that all the structures declared by any statutory authority as part of the national heritage will be preserved and shall not be destroyed or demolished.

It was further submitted that any demolition action will be taken only in accordance with law.

The bench took the statement on record and disposed of the plea.

Right To Heritage Has To Be Balanced With Right To Breathe: Delhi High Court In Plea To Halt Alleged Demolition In Mehrauli And Sanjay Van

Title: Himanshu Damle & Anr. v. Delhi Development Authority & Ors.

Click here to read the order