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

Observing that the right to health and breathe and the right to heritage and culture have to be harmonised and balanced, the Delhi High Court has observed that green areas are the lungs of the city and efforts must be made by all statutory authorities to ensure that no illegal and unauthorised construction is carried out on public land dedicated for public purpose.

A division bench comprising Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora said that undoubtedly life in its expanded horizons includes all that gives meaning to a man's life, including his culture and heritage and the protection of that heritage in its full measure.

“However, this Court takes judicial notice of the fact that Delhi is one of the cities that are worst affected by pollution. No month passes when the Air Quality Index ('AQI') does not cross the hazardous mark. According to Doctors, even lungs of young children are being adversely affected,” the court said.

The bench made the observations while disposing of a PIL seeking directions on the DDA and the Central Government to desist from demolishing or removing the Ashiq Allah Dargh, including the chillagah of Baba Farid and other surrounding historical monuments in city's Mehrauli or Sanjay Van.

The plea, moved by one Himanshu Damle and another individual, also sought preservation of the monuments and structures at Mehrauli and Sanjay Van.

“Admittedly, Mehrauli and Sanjay Van are marked as green/forest areas in the Master Plan. This Court is of the view that green areas are the lungs of the city and efforts have to be made by all statutory authorities to ensure that no illegal and unauthorised construction is carried out on this public land dedicated for public purpose,” the court said.

It added: “This Court is further of the view that the apprehension of mindless demolition expressed by the Petitioners is misplaced as according to the Supreme Court judgment, religious structures such as those mentioned in the writ petition can be demolished only after taking a prior approval from the Religious Committee which is headed by the Lieutenant Governor of Delhi. Thus, there is adequate safeguard inbuilt into the system.”

The bench observed that the undertaking given by the authorities that no protected monument or national monument declared either by the Central or State authority shall be demolished is fair, reasonable and strikes a balance between the competing claim interest.

“Consequently, the statements/undertakings/assurances given by the learned counsel for the Respondents are accepted by this Court and the Respondents are held bound by the same. Recording the aforesaid statements/undertakings/assurances, present writ petition and pending applications are disposed of,” the court said.

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

Counsel for Petitioners: Through: Mr. Satyajit Sarna and Ms. Reaa Mehta, Advocates

Counsel for Respondents: Mr. Sanjay Katyal and Ms. Shobhana Takiar standing counsels DDA for Respondent No. 2 with Mr. Kuljeet Singh and Mr. Nihal Singh, Advocates and Mr. Rahul, Legal Assistant, DDA Mr. Apoorv Kurup, CGSC with Mr. Akhil Hasija, Advocate for R-2

Title: HIMANSHU DAMLE & ANR. v. DELHI DEVELOPMENT AUTHORITY & ORS.

Citation: 2024 LiveLaw (Del) 152

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