Court directs ASI, Delhi Police, and MCD top officers to file affidavits naming officials responsible for negligence as illegal building rises to four floors in regulated area of Raushanara Tomb
In a significant judgment delivered on October 9, 2026, the Delhi High Court (Division Bench comprising ACJ Nitin Wasudeo Sambre and Justice Sanjay Sharma) expressed strong displeasure over the failure of statutory authorities to prevent unauthorized construction within the regulated area of a nationally protected monument. The case pertains to illegal construction activities undertaken at property No. 6/3, Block-40, Singh Sabha Road, Shakti Nagar, which lies within the regulated zone of the Tomb of Raushanara and Barahdari, both protected under the Ancient Monuments and Archaeological Sites and Remains Act, 1958 ("AMASR Act").
The petitioner, Manish Grover, challenged the unauthorized construction carried out by the private respondent (owner of the property), which proceeded despite a Work Stop Notice issued by the Archaeological Survey of India (ASI) on February 15, 2024. The ASI's notice directed immediate cessation of construction, highlighting the violation of Section 20B of the AMASR Act, which restricts construction activities in regulated areas surrounding protected monuments.
Notably, despite clear instructions from ASI and complaints lodged with the Delhi Police, construction continued unabated, progressing up to four floors and culminating in the occupation of the building by the private respondent. The ASI had also issued a Show Cause Notice to the owner on April 10, 2024, and communicated with the Delhi Municipal Corporation (now Municipal Corporation of Delhi or MCD) and the Police requesting intervention to halt and remove the unauthorized structure.
The Court was critical of the lackadaisical approach by the MCD officials who delayed issuance of a show cause notice until March 21, 2025, almost a year after the ASI's initial interventions. The Delhi Police were also faulted for failing to enforce the interim order passed by the Court on September 9, 2025, which restrained any further construction and placed responsibility on the Station House Officer (SHO) for compliance.
The private respondent's defense that construction was permitted by the local planning authority and that attempts to secure a "No Objection Certificate" from ASI were ignored was rejected by the Court at the interim stage, particularly since the ASI's Work Stop Notice had precedence and mandated immediate cessation.
Highlighting the prima facie failure of the ASI, MCD, and Delhi Police officials to discharge their statutory duties, the Court directed the highest-ranking officers of these authorities to file personal affidavits within two weeks. These affidavits must identify senior officers responsible for the lapses that facilitated the completion of the unauthorized construction.
The Court emphasized that the respondents are free to take all necessary steps in accordance with law to address the illegal construction and protect the heritage site. The next hearing in the matter is scheduled for October 28, 2026.
This judgment underscores the judiciary's stringent stance on safeguarding India's protected monuments and the critical role of statutory authorities in enforcing heritage laws. It also serves as a stern reminder to municipal and police authorities about their accountability in preventing encroachments and unauthorized developments in regulated zones.
Bottom Line:
Unauthorized construction within regulated area of nationally protected monument - Construction continued despite Work Stop Notice by ASI and police/civic authorities failed to act promptly - High Court held officials of ASI, MCD and Delhi Police prima facie failed to discharge statutory duties and directed highest officers to file personal affidavits disclosing names of officers responsible for laches.
Statutory provision(s):
Ancient Monuments and Archaeological Sites and Remains Act, 1958 Section 20B, Ancient Monuments and Archaeological Sites and Remains Rules, 1959 Rule 38, Delhi Municipal Corporation Act, 1957
Manish Grover v. State Govt of NCT of Delhi, (Delhi)(DB) : Law Finder Doc Id # 2998044
