The Delhi High Court has constituted a committee to supervise removal of encroachments and illegal constructions near the Tughlaqabad Fort, while also planning for rehabilitation of residents displaced in the process. The court’s September 24 order, issued by a Bench of the Chief Justice and Justice Tushar Rao Gedela, directed a joint survey by officials from multiple agencies — the Central government, the Delhi government, the Archaeological Survey of India (ASI), the Delhi Development Authority (DDA), the Municipal Corporation of Delhi (MCD) and related bodies — to identify unauthorized structures around the monument. The court emphasized that the task would entail both the removal of encroachments as well as measures to rehabilitate displaced individuals.
The court noted that while, according to an ASI demarcation report, there were no encroachments inside the monument itself, there exist substantial illegal constructions outside the boundary wall, on land assigned to the ASI in 1993. Recognizing that Tughlaqabad Fort is an ancient monument of national significance that embodies the nation’s cultural heritage, it held that such encroachments must be removed not only to comply with the Ancient Monuments and Archaeological Sites and Remains Act but also to preserve historic legacy for posterity. The court acknowledged that removal of such encroachments would likely involve displacing residents who may have resided there for long periods, and expressly called for their rehabilitation as an intrinsic part of the process.
In its Order, the court constituted a multi-member committee with senior officials: the Secretary of the Union Department of Housing and Urban Affairs (as Chairperson), the Director General of the ASI, the Secretary of the Delhi Department of Housing and Urban Development, the Commissioner of the MCD, the Delhi Police Commissioner, the Vice-Chairman of the DDA, the Divisional Commissioner of the Delhi Revenue Department, and any other members the committee may appoint. The court directed the committee, in its deliberations, to consider existing government schemes for rehabilitation, including schemes applicable to unauthorized colonies in Delhi. The Bench further instructed that the Chairperson submit an affidavit by December 3 reflecting the progress made, at which stage the matter will be further heard.
The court also drew attention to an earlier probe by the Central Bureau of Investigation (CBI) into unauthorized construction around Tughlaqabad Fort, stating that while the matter had at some point been taken up by the CBI, its outcome remains unknown. It accordingly directed counsel representing the CBI to seek instructions and furnish information as to the status of that investigation. The order in this case arises in the context of a batch of petitions concerning preservation and protection of Tughlaqabad Fort, and reflects the court’s determination to ensure survey, removal, policy formation and rehabilitation in an integrated fashion.
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