In a recent judgment, the Delhi High Court addressed a significant issue concerning the protected area surrounding the Dariya Khan Tomb, located in East Kidwai Nagar, New Delhi. The court clarified that the protected area encompasses 1.25 acres, correcting a previous record that inaccurately stated the area as 14 acres. This clarification holds substantial implications for future developmental activities in the vicinity of the historical monument.
Background of the Case
The case originated from an appeal filed by NBCC (India) Limited, a government-owned construction company. NBCC challenged an earlier decision by a single judge who had dismissed their application seeking correction of a factual error regarding the extent of the protected area of the Dariya Khan Tomb. The single judge had recorded the protected area as 14 acres, a figure that NBCC contended was incorrect. NBCC argued that at the time of the 2021 ruling, they were unaware that the actual protected area was only 1.25 acres. They supported their claim with historical documents, including a notification from October 1925, which specified the protected area as 1.25 acres. Despite presenting these documents, the single judge dismissed NBCC's application, advising them to approach the Archaeological Survey of India (ASI) for redress. Dissatisfied with this outcome, NBCC appealed the decision, seeking judicial clarification on the matter.
Court's Analysis and Decision
A division bench comprising Justice Rekha Palli and Justice Saurabh Banerjee presided over the appeal. Upon reviewing the evidence, the bench acknowledged that the correct factual information regarding the protected area was available during the initial proceedings. The court opined that the single judge should have addressed the factual discrepancy instead of directing NBCC to the ASI. Consequently, the division bench clarified that the protected area of the Dariya Khan Tomb is indeed 1.25 acres. However, the court emphasized that this clarification does not grant NBCC automatic permission to undertake any construction or commercial activities within the prohibited or regulated zones surrounding the tomb. The bench noted that the protected area is encircled by a prohibited zone forming a circular belt with a radius of 100 meters, beyond which lies a regulated area extending a further 200 meters. Any proposed activities within these zones would require prior approval from the competent statutory authorities. The court concluded by disposing of the appeal, reiterating that while the protected area is 1.25 acres, NBCC must seek appropriate permissions before initiating any development projects in the vicinity.
Implications of the Judgment
This judgment has several noteworthy implications:
Historical Accuracy: The court's clarification ensures that the official records accurately reflect the protected area of the Dariya Khan Tomb, preserving the historical integrity of the site.
Regulatory Compliance: The ruling underscores the necessity for developers and governmental agencies to adhere strictly to regulations governing protected and regulated areas surrounding historical monuments.
Developmental Oversight: By emphasizing the need for prior approval from statutory authorities for any construction activities, the court reinforces the framework designed to safeguard cultural heritage sites from unauthorized development.
Precedent for Future Cases: This decision may serve as a reference point for future disputes involving the demarcation and permissible use of land around protected monuments, guiding both judicial and administrative actions.
Conclusion
The Delhi High Court's clarification regarding the protected area of the Dariya Khan Tomb rectifies a significant factual error and reinforces the legal safeguards in place for historical monuments. The judgment balances the need for developmental activities with the imperative of preserving cultural heritage, ensuring that any such activities are conducted within the bounds of the law and with due respect for India's rich historical legacy.
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