Order of the Supreme Court regarding illegal constructions near the protected monument Quila Rai Pithora, Saidulajab village, Delhi, 16/04/2025
Order of the Supreme Court of India in the matter of M C Mehta Vs Union of India & Others dated 16/04/2025. The matter related to large scale illegal constructions within the vicinity of 100 to 300 meters of the protected monument Quila Rai Pithora at Village Saidulajab, New Delhi.
In fact, according to the applicant, the details of the illegal constructions made are available on the website of Delhi Municipal Corporation (MCD). The details of 81 structures have been mentioned in I.A. No.145777 of 2024. Authorities have been directed to visit the sites in question mentioned in the application with a view to ascertain whether any such illegal constructions are in existence. If the authorities find that illegal constructions are in existence, due process of law shall be forthwith initiated for removal of the constructions/structures. When the authorities visit the site, the Commissioner of Police, Delhi has been asked to ensure that adequate protection is provided to them. A time of three months was given by the court to complete the exercise and to place on record a comprehensive report regarding the existence of illegal structures and action initiated for removal of the structures.
The SC noted that in the application it was stated that Quila Rai Pithora situated at Village Saidulajab, New Delhi has been notified as a protected monument by a notification dated March 4, 1918. The applicant has pointed out that in view of Section 20A of the Ancient Monument & Archaeological Sites and Remains Act, 1958, every area beginning from the outer limit of the protected monument extending upto a distance of 100 meters is a “prohibited area”. Moreover, Section 20B of the 1958 Act, states that every area beginning from the outer limit of the prohibited area of the protected monument extending up to a distance of 200 meters is a “regulated area” and therefore, in these areas, there is a prohibition of construction by private persons. These aspects shall be taken into consideration by the concerned authorities, the order said.