ASHOK KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The heritage of any township lends character to it. The ancient monuments are like jewels in its crown. Delhi is replete with it and boast of a rich heritage and culture. Alas its various monuments fell into disrepair and suffered encroachments on account of negligence, lack of proper manpower, infrastructure and the will to protect such monuments.

(2.) The monuments of Bhure Khan, Bade Khan and Chhote Khan are three such monuments located at one place in what is now known as - South Extension, Part-I, New Delhi. These monuments are structured as tombs and are stated to be typical examples of the evolution of square tombs reflecting a distinct and harmonised architectural style. These monuments are stated to contain a treasure of inscriptions incarved stone and incised stucco in beautiful naskh alongside its arches and qibla walls. The structures of these monuments are estimated to have been built around the 15/16th Century AD and are more than 400 years old.

(3.) The law makers were not oblivious to the importance of preservation of such monuments and, thus, the Ancient Monuments Preservation Act, 1904 was brought into force to provide for preservation of ancient monuments and all objects of archaeological, historical or artistic interest. Section 2 of the said Act defines ancient monument as under:-