BALJIT SINGH MALIK Vs. DELHI GOLF CLUB

JUDGEMENT

(1.) This petition filed under Article 32 of the Constitution raises several questions purporting to espouse public interest. Shri Murlidhar assisted this Court as Amicus Curiae and we are beholden to him. We have also heard the petitioner in person. However, after arguments were addressed from time to time finally the points projected for our consideration are as follows:-

(2.) There are nine monuments situate within the area in possession of respondent No. 1 and they are:-

(3.) Lal Bangala which is situate near the entrance of the Club is protected under the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (hereinafter referred to as "the Central Act"). The claim made in the petition is that the said monument was in shambles which is not accessible to public nor properly taken care of by the Club or by the Government. The affidavit filed by the Archaeological Survey of India discloses that of the nine monuments in respect of which this petition is filed, only Lal Bangla is declared to be a national monument; that it is under the maintenance and upkeep of Archaeological Survey of India; that the said Lal Bangla is segregated from the other area of the Club; that the Archaeological Survey of India is taking due care of the monuments and in respect of which the respondent No. 1 is rendering full co-operation; that the monument Lal Bangla is well preserved, fenced and free from encroachment with round the clock watch and ward deployed for the proper security of the monument; that the monument has been fully conserved and well maintained since long; that annual maintenance is carried out every year; that the respondent No. 1 is not using the area surrounding Lal Bangla monument. Correctness of the stand of the A. S. I. cannot be seriously disputed nor is it done by the petitioner. Hence the contentions raised regarding Lal Bangla stand rebutted.