Taking
strong exception to the deliberate violation of its order, the Supreme Court
has issued a contempt notice to the Director General of Archaeological Survey
of India for failure 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 the order of this
court. Accordingly, notice is issued to the Director General of the
Archaeological Survey of India to showcause as to why the court may not
initiate proceedings for contempt against him. He shall be personally present
before the court on the next date of listing along with his show-cause,"
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 the majority 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 for a further affidavit to be filed giving details of the 19
sites which, according to the Department of Archaeology, GNCTD, comes within
its jurisdiction and which have also been inspected.
"It shall refer to all the areas indicated in
our previous orders, and also to what steps have been 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, on a few aspects, the exercise is not complete.
"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.
"Coming to the New Delhi Municipal Corporation
(NDMC), we find that out of the 54 identified monuments, only two monuments
have been surveyed. Learned counsel for the NDMC submits that since the 52
sites indicated in the summary of the report are lying within its jurisdiction,
it has some responsibility to coordinate with the other concerned authorities,
relating to their maintenance, which responsibility the NDMC shall discharge
and shall 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 direction to the agencies concerned, 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 of the Gumti of Shaikh Ali --
a Lodhi-era monument in Delhi's Defence Colony.