The Supreme Court on Friday halted all new construction and renovation activities at the historic religious monuments within Delhi's Mehrauli Archaeological Park, including the revered 13th-century Ashiq Allah Dargah and the Chillagah of Baba Farid, a prominent Sufi saint.
A bench led by Chief Justice Sanjiv Khanna, alongside Justice Sanjay Kumar, was addressing a plea filed by Zameer Ahmed Jumlana, who sought the protection of these religious structures from potential demolition by authorities.
Historical Significance Under Threat
Senior Advocate Nidhesh Gupta highlighted the Archeological Survey of India's (ASI) recent status report, pointing out that one of the monuments at the site dates back approximately 700 years. This submission underscored the significant historical value of these structures, reinforcing Jumlana's plea for preservation.The Chief Justice expressed concerns over ongoing encroachments, remarking, "people keep encroaching and putting up shops to earn money," urging the ASI to create a detailed site plan to prevent further unauthorized activities. Additional Solicitor General K M Nataraj assured the court that the ASI would differentiate between newly constructed and ancient structures to resolve confusion regarding preservation efforts.
Permission Mandatory for Renovation
Countering arguments from a lawyer who asserted that renovation work posed no issues as these monuments were not officially protected, the Supreme Court bench clarified that any renovation still required explicit approval under existing laws. The bench stated clearly: "Permission under existing laws would be needed."The court directed ASI to submit detailed status reports outlining the original historical structures and instructed parties involved to file objections or submissions as necessary before the next hearing scheduled for April 28.
Religious Importance Highlighted by ASI
The ASI’s interim report submitted earlier emphasized the religious importance of both Ashiq Allah Dargah and Baba Farid's Chillagah. It noted that Muslim devotees regularly visit these sites, lighting lamps at the Ashiq Allah Dargah seeking blessings and visiting Chillagah for spiritual healing. Furthermore, an inscription on the tomb of Shaikh Shahibuddin (Ashiq Allah) clearly indicates it was constructed in 1317 AD.Highlighting the cultural sensitivity of the site, the ASI cautioned that recent restoration and conservation activities had unintentionally affected the site's historical authenticity. It stressed that both monuments lie within the regulated 200-meter zone of Prithviraj Chauhan's citadel, thus requiring formal permission before any construction or renovation under the Ancient Monuments and Archaeological Sites and Remains Act.
Challenging Delhi High Court’s Decision
Zameer Ahmed Jumlana’s plea challenged a previous Delhi High Court ruling from February 8, which had assigned the issue to a religious committee headed by Delhi's Lieutenant Governor V K Saxena. Jumlana argued before the Supreme Court that this committee was not the appropriate authority to determine the historical significance or antiquity of these structures.The Supreme Court’s decision to halt construction underscores the critical balance between historical preservation and urban development within one of Delhi’s most archaeologically sensitive zones.