M C MEHTA Vs. ARCHAEOLOGICAL SURVEY OF INDIA

JUDGEMENT

(1.) Heard parties.

(2.) Having looked at the pictures of the monument and the surrounding area, at the time possession was taken over by Archaeological Survey of India (ASI) , and having read the report dated 18th November, 2004 and seen the pictures of the structures now standing, it is clear to us that Shri Amir Ali only had a kuchha structure with no proper roof at the time possession was taken over by ASI. Since then he has constructed a permanent structure consisting of ground floor and built two other floors. Whilst the two floors have been demolished, in our view, even the ground floor of the structure which is now standing has to be demolished. We, therefore, direct the Municipal Corporation of Delhi to so demolish within two weeks from today. The demolition to be in the presence of ASI. The police to give all necessary assistance. Photos to be taken of the structure before demolition and after demolition.

(3.) The ASI is permitted to plaster all the buildings around the mausoleum. If anybody has any objection to the buildings being plastered by ASI, they may apply to this Court.