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SUDHANSHU DHULIA, AHSANUDDIN AMANULLAH
Rajeev Suri – Appellant
Versus
Archaeological Survey of India – Respondent
ORDER
This petition was filed challenging the order of the Delhi High Court dated 20.02.2019, which had dismissed the petitioner’s writ petition. The core of the dispute is regarding a medieval period monument called ‘Gumti of Shaikh Ali’, which is situated in Defence Colony, New Delhi and from where, admittedly, the office of Defence Colony Welfare Association (in short, ‘DCWA’) is presently operates.
2. The petitioner has sought the following prayers from this Court :-
(b) Such other or further order as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.”
3. We have heard learned counsel appearing for the parties, including the counsel appearing for Archeological Survey of India [in short, ‘ASI’] and other relevant parties. On 27.08.2024, the following order was passed by this Court :-
IA No.78852/2019
2. Exemption from filing Certified Copy of the Impugned Judgment1is grant
The court emphasized the necessity of preserving monuments in their original form for protection under the Ancient Monuments and Archaeological Sites and Remains Act, 1958, and ordered a CBI inquiry ....
The court mandated CBI investigation into unauthorized constructions due to administrative lapses by statutory authorities, emphasizing accountability and structural reforms.
Amendments to pleadings in civil suits should be allowed if they facilitate proper adjudication and do not introduce a new cause of action.
A court may grant leave to institute a suit without notice under Section 80(2) CPC if urgent relief is necessary, and the appointment of an Advocate Commissioner for local investigation is valid and ....
The ownership of an immovable property cannot be decided on the basis of Jamabandi. Entry in a Jamabandi does not confer title on a person whose name appears in that Jamabandi.
Amendments to include new parties in a pending suit are permissible if they clarify existing claims without introducing new causes of action, ensuring effective adjudication.
Actions would be taken to verify that the existing structure is in accordance with the existing Development Permission and only thereafter, Building Usage Permission would be granted.
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