The Delhi High Court has sharply criticised the Archaeological Survey of India (ASI), the Municipal Corporation of Delhi (MCD) and the Delhi Government for failing to stop alleged unauthorised construction in the prohibited area near Roshanara Tomb in north Delhi.
A bench comprising Acting Chief Justice Nitin Vasudev and Justice Sanjay Sharma said officials had failed to prevent construction at a protected monument despite legal restrictions and a judicial direction to stop the work. The court also observed that the authorities had effectively assisted the unauthorised construction through their inaction, according to a report by Jagran – New Delhi.
The bench directed the MCD Commissioner, Delhi Police Commissioner and Director of the ASI to file personal affidavits. The affidavits must identify the officials responsible for overlooking the construction near the protected monument.
The proceedings relate to a petition filed by Manish Grover concerning unauthorised construction at a property near the protected monument on Singh Sahib Road in Shakti Nagar. The court is examining construction activity near the tomb and the baradari, a pavilion associated with the monument.
According to the report, the court said the property owner was able to complete unauthorised construction in the regulated area because of the approach taken by the authorities. The bench made similar critical observations about the conduct of MCD officials, describing their response as highly negligent.
The case highlights the overlapping responsibilities involved in regulating construction around protected monuments. The ASI is responsible for the protection of centrally protected monuments, while municipal authorities oversee building permissions and enforcement within their jurisdiction. The Delhi Police may also be involved where court directions, public order or enforcement action requires its intervention.
The court’s directions place the actions of individual officials under scrutiny rather than treating the matter only as a dispute over a private property. By seeking personal affidavits and the names of those responsible, the bench has asked the agencies to explain how construction continued despite statutory restrictions and an order to stop the work.
The report identifies Roshanara as the daughter of Mughal emperor Shah Jahan. The tomb and baradari form part of a historic site located within a densely built urban area, where new construction and the protection of heritage structures must be administered through overlapping legal and municipal controls.
The immediate next step is for the MCD Commissioner, Delhi Police Commissioner and ASI Director to submit their personal affidavits to the High Court, including details of the officials allegedly responsible for ignoring the unauthorised construction.
