New Delhi, March 28 Taking strong exception to the deliberate violation of its order, the Supreme Court has issued a contempt notice to the Director General of the Archaeological Survey of India for failing to submit a response on the conservation status of 173 notified heritage sites in the national capital.
A bench of Justices Ahsanuddin Amanullah and N Kotiswar Singh directed the Director General of ASI to be personally present before it on the next date of hearing.
"The court takes strong exception to the deliberate violation of this court's order. Accordingly, a notice is issued to the Director General of the Archaeological Survey of India to explain why the court may initiate proceedings against him for contempt. He shall be personally present before the court on the next date of listing along with his explanation," the bench said.
The top court noted that the Department of Archaeology, Delhi government, has identified 19 monuments and inspected them, and with regard to most of the aspects/areas indicated, there is compliance, except for location and geo-mapping.
"However, only a general statement has been made that there has been compliance on the issues indicated in the earlier orders. We direct that a further affidavit be filed providing details of the 19 sites, which, according to the Department of Archaeology, GNCTD, fall within its jurisdiction and have also been inspected.
"It shall refer to all the areas indicated in our previous orders, and also to the steps taken monument-wise. It should include up-to-date photographs of the sites in question," the bench said.
The apex court also recorded that the Municipal Corporation of Delhi has surveyed only 62 monuments out of the 85 identified monuments, and that the exercise is incomplete on a few aspects.
"Further, no details of the actual position have been brought on record. Accordingly, the direction issued in the previous paragraph to the Department of Archaeology, GNCTD, is extended to the MCD also," the bench said.
"Turning to the New Delhi Municipal Corporation (NDMC), we find that out of the 54 identified monuments, only two have been surveyed. The legal counsel for the NDMC submits that since the 52 sites indicated in the summary of the report fall within its jurisdiction, it has a responsibility to coordinate with the other concerned authorities, relating to their maintenance, which responsibility the NDMC shall discharge and will not be found wanting.
"It is observed that whatever suggestions will come from the NDMC to actually and effectively monitor and coordinate the work between different agencies; based on the same, this Court shall issue appropriate directions to the concerned agencies, as may be required," the bench said.
The issue of heritage sites arose in a case filed by Rajeev Suri, who raised the issue of encroachment on the Gumti of Shaikh Ali – a Lodhi-era monument in Delhi's Defence Colony.
