NISHI KANT Vs. ARCHAEOLOGICAL SURVEY OF INDIA

JUDGEMENT

(1.) THE present petition has been filed in the public interest. The petitioners pray for a mandamus directing the respondents, to ensure protection to all old man-made monuments, declared and undeclared, of National or local importance, and for their restoration.

(2.) THE petitioners are both residents of Delhi, and aver that out of respect and affection for old monuments, that represent the entire history and culture of the city, and out of concern for the dilapidated state of monuments existing in Badarpur, they approached the respondents in the month of April, 2005. The petitioners state that to their utter surprise and shock, they learnt that there was no legislation for protection of monuments within Delhi, as under the provision of the Ancient Monuments and Archaeological Sites and remains Act, 1958 the Archaeological Survey of India ' respondent No. 1, is the authority, for the protection of monuments of National importance only. Therefore, they were constrained to institute the present proceedings.

(3.) THE petition states that it is the responsibility of respondent No. 2, i. e. , the Department of Archeology of NCT of Delhi, to protect monuments within the State of Delhi. Further, the Municipal Corporation of Delhi and the Delhi urban Art Commission, arrayed as respondent Nos. 3 and 4 respectively are the authorities that own the said monuments (more particularly the monuments existing at Badarpur area), and are constituted with the sole purpose to ensure the proper development of the city, whilst ensuring its aesthetic quality.