RAJEEV SURI Vs. ARCHAEOLOGICAL SURVEY OF INDIA

JUDGEMENT

(1.) Pursuant to our order dtd. 21/1/2025, Mr. Gopal Shankarnarayan, learned senior counsel and Court Commissioner appointed by this Court, has supervised the handing and taking over of the Monument. A detailed Report has also been filed, according to which the Defence Colony Residents Welfare Association [DCRWA] has handed over the possession of the Monument to the Land and Development Office, Ministry of Urban Affairs, Government of India [L&DO] after removing its furnitures and fixtures, taking care that minimum harm is done to the Monument. Now, effectively, the control of the Monument lies with L&DO.

(2.) The time and efforts taken by Mr. Gopal Shankarnarayan is highly appreciated. He has not only visited the site and supervised the handing over of the Monument, but as per the directions of this Court, he has also suggested that in the appurtenant land, a totally unauthorized parking area is presently being operated. The parking has been given by Municipal Corporation of Delhi [MCD] to a Contractor. We have also been informed that the period for which the contract has been given, has in any case, now expired and it has not been renewed. For abandoned caution, we direct that this contract shall not be renewed until further orders of this Court. The Registry shall communicate a copy of this Order to the MCD forthwith.

(3.) Pursuant to our order dtd. 21/1/2025, the Department of Archeology, Delhi, has also filed a Report, wherein they have stated that the Department is capable of the conservation and restoration of the Monument, since they have the expertise and resources to garner expertise to preserve and restore the Monument. They have also made certain suggestions such as the constitution of a Committee for the said purpose which shall report to this Court.