DELHI DEVELOPMENT AUTHORITY Vs. ARCHAEOLOGICAL SURVEY OF INDIA

JUDGEMENT

(1.) With the consent of the parties the matter is taken up for final hearing.

(2.) This writ petition challenges the Order dated 14th November, 2002, passed by the Office of the Director, Monuments, Archaeological Survey of India. The Order avers that an unauthorised structure has been constructed within the prohibited area of Siri Fort Wall, New Delhi which construction consequently vio lated Sections 1.9(1), 30(1)(iv) of Ancient Monuments and Archaeological Sites and Remains Act, 1958 (hereinafter referred to as 'the Act') and Rules 10(1) & 33(1) of Ancient Monuments and Archaeological Sites and Remains Rules, 1959. The order further directs removal of the offending structure within 15 days.

(3.) It is submitted by the petitioner's counsel's Shri Rajiv Sharma and Shri Vinod Shukla that the order dated 14th November, 2002 impugned in the writ petition proceeds in violation of the mandate of the judgment of the Division Bench in CWP. 3319 of 2002 dated 25th September, 2002 which directed as follows: