EMCA CONSTRUCTION CO Vs. ARCHELOLOGICAL SURVEY OF INDIA

JUDGEMENT

(1.) NOT very far from this Court is located the Humayuns Tomb. It is a historical monument. It is a mausoleum built for the Mughal emperor Humayun who ruled between 1530 and 1540 and again from 1555 till 1556 when his son Akbar took over the reins. The construction of the mausoleum was commenced by humayuns senior widow Hamida Banu Begum also known as Haji Begum in 1565, nine years after his death. A Persian architect Mirak Mirza Ghiyath was commissioned to design and build it. It is stated to exemplify a synthesis of Persian and indian traditions of architecture. The arched alcoves, corridors and the high double dome signify the Persian influence and the kiosks which give it a pyramidal outline from a distance are attributed to the Indian influence. It is believed to have inspired the design of the Taj Mahal, a monument built many years later in Agra by Humayuns great grandson Shahjahan.

(2.) HUMAYUNS tomb is square red sandstone double-storeyed structure that rises from a 7 m. high square terrace, raised over a series of cells accessible through arches on each side. Externally on each side of the tomb are elevations decorated by marble borders and panels. Around the high marble double dome in the centre are pillared kiosks. The tomb is a beautiful sight to behold, even when viewed from a distance. The nearly 450 year old Humayuns tomb is a major tourist attraction in Delhi. It has been declared as a world heritage monument. It is a protected monument within the meaning of the Ancient Monuments archaeological Sites and Remains Act, 1958 (the 1958 Act) and the Ancient monuments Archaeological Sites and Remains Rules, 1959 (the 1959 Rules ). Consequent to a notification issued on 16 th June 1992 by the central government, an area of 100m surrounding the Humayuns tomb has been declared a "prohibited area" within which no construction activity is permitted.

(3.) THE tomb is now located in an area of New Delhi known as Nizamuddin East. It is surrounded by a residential colony. The continuing construction activity in the said residential colony is a cause for concern. It has given rise to the present proceedings.