REHABILITATION MINISTRY EMPLOYEES CO OPERATIVE HOUSE BUILDING SOCIETY LTD Vs. ARCHAEOLOGICAL SURVEY OF INDIA

JUDGEMENT

(1.) THE petitioner in W.P.(C) 18393/2005, a Co-operative House Building Society was in the year 1982 allotted and granted perpetual lease of a plot of land for development of a Residential Colony since known as Shivalik, New Delhi. It appears, that in or about the year 1985-89 when the petitioner was seeking sanction of the layout plan for the said colony, a monument known as `Sarai Shahaji' situated adjacent to the land so allotted to the petitioner Society was also under consideration for being declared as a protected monument under THE Ancient Monuments and Archaeological Sites and Remains Act, 1958. As such, the petitioner was asked to also involve the respondent no.1 Archaeological Survey of India (ASI) in the process of sanction of layout plan.

(2.) IT is the case of the petitioner that a Tripartite Agreement was reached amongst respondent no.1 ASI, respondent no.2 DDA and the petitioner, as contained in the letter dated 10 th December, 1985 of the respondent no.1 ASI to the petitioner and which is as under:-

(3.) IT is also the contention of the petitioner that the petitioner in compliance of the conditions aforesaid laid down by the respondent no.1 ASI sacrificed a large chunk of valuable land allotted to it.