Supreme Court Stops Outsourcing Of Tughlaqabad Fort Survey To Private Agency, Says Departments Can't Abdicate Responsibility

The Supreme Court recently took an objection to the committee formed by the Delhi High Court outsourcing a survey relating to the encroachment of Tughlaqabad Fort. It remarked that outsourcing such a survey reeks of bureaucratic red-tapism.The survey was ordered by the Delhi High Court in a 2001 public interest litigation concerning the illegal encroachment and settlement at the Tughlaqabad Fort. The High Court had constituted a committee for the survey, but the committee made a decision to outsource it to a private agency. The Supreme Court has now ordered that no private agency shall be hired for conducting the survey, and has asked the Indian Institute of Technology, Delhi and the School of Planning and Architecture, Delhi, to work in tandem with the High Court's Committee.The High Court's committee consisted 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-optedProceedings in the Supreme CourtA bench comprising Justice Ahsanuddin Amanullah and Justice NK Singh has been hearing a matter relating to the conservation of heritage monuments in Delhi. The matter began with a writ petition filed by defence colony resident Rajeev Suri, raising the issue of encroachment and illegal occupation of Gumti of Shaikh Ali. A series of stringent orders were passed by the Court from time to time, which led to the conservation of the Gumti with the assistance of Senior Advocate and Court-appointed Commissioner Gopal SankaranarayananThe Court had appointed an expert, Ms Swapna Liddle, ex-convener of INTACH (Delhi Chapter of Indian National Trust for Art and Cultural Heritage) and author of several books on the history of Delhi, to survey the Gumti.Later, the matter was extended to preserve other neglected heritage monuments as well. In January this year, an application was filed by Senior Advocate Shikhil Shiv Suri (for the petitioner) submitted that various heritage sites under the ASI, Municipal Corporation of Delhi(MCD) and the Government of NCT Delhi required protection.Subsequently, various parties were asked to file affidavits with respect to the location, geo-mapping with up-to-date photos of the monuments. A contempt notice was issued to ASI officers who failed to file an affidavit, and the personal presence of the concerned officer was ordered.On April 13, Shankarnarayan showed the affidavits of various heritage sites. One of them, he mentioned, which comes under the ASI, was Tughlaqabad Fort, where huge illegal settlements have taken place over time. He stated that the walls of the old city of Tughlaqabad need some repair. He referred to the fact that the Delhi High Court is already monitoring the illegal encroachment. Swapna Liddle explained that during the British time, there was a village settlement which was limited to the Fort, but over time, it outgrew into an enormous settlement.When Justice Amanullah stated that the Court will pass an order to restrict the encroachment so that it does not grow further, Sankaranarayanan informed that the High Court has constituted a Committee to conduct a survey and devise a joint policy decision for its removal. He also mentioned a recent March 18 order passed by the Delhi High Court, which noted that despite six months given to complete the survey, the survey committee hasn't been able to complete it.When he added that the survey committee intends to outsource the survey to a private agency, Justice Amanullah took exception. He questioned not only the Delhi High Court for allowing the outsourcing but also the survey committee members. "We are thoroughly disappointed by the order of the High Court and thoroughly disappointed by the attitude of the government. You want to set up an outsourcing agency for the survey? Why can't your people [ASI] go? What are they sitting here for? You have to select an agent? I take strong exception to this Mr Sanjay [ASI Counsel]....How dare you have an outside sourcing? This is the root of the corruption. What is the department doing?...We will supersede that order. Whose idea was it? I will personally suspend them all," Justice Amanullah remarked.Additional Solicitor General SD Sanjay explained to the Court that ASI has general expertise, a survey would require specialised expertise. He added that the ASI doesn't have enough manpower for this.Justice Amanullah responded that no such manpower is required, as the officers are required to take only videography. "[You are] abdicating the responsibility of a survey. Unfit to hold the post. Should I say the Director General should be removed from ...

Supreme Court Stops Outsourcing Of Tughlaqabad Fort Survey To Private Agency, Says Departments Can't Abdicate Responsibility

Gursimran Kaur Bakshi

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