VAISH INTERNATIONAL PARIWAR Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition, in the nature of PIL, was originally filed by Vaish International Pariwar, as petitioner, praying for protection, preservation and maintenance of a waterbody and monument/ "Baoli" by the name Uggarsain-Ki-Baoli.

(2.) A prayer was made for preventing and/or stopping the construction of a rnulti-storeyed residential building proposal on the adjacent property No.1, Hailey Road, New Delhi of respondent No.7 (M/s Ansal Properties and Pvt. Ltd.), being executed under a collaboration arrangement with the owners of the said property No.1, Hailey Road, New Delhi. The Union of India is the first respondent while ASI is respondent No.2. NDMC is respondent No.3, DUAC is respondent No.4 while DDA and L&DO, are respondent No.5, and 6 respectively. The original owners of the plot were subsequently impleaded, on their request, as respondent No.8.

(3.) It is the case of the petitioner, that the multi-storeyed building project at 1-Hailey Road, was allegedly/without proper sanction, and also in contravention of the Ancient Monument and Archaeological Sites and Remains Act, 1959. It was further contended that the original area of the "Baoli", not being properly demarcated, as such the building, when constructed, would completely conceal the view of the monument and would destroy the ancient character of the Baoli, and would also adversely affect its water level -