( 1 ) THIS Judgment shall dispose of a batch of Writ Petitions that have been filed assailing the legal propriety of the Judgment of the Additional District Judge in respect of Appeals filed before him by the occupants of forty five (45) shops in the Red Fort, of which thirty seven (37) shops are under the lease/licence of the MCD and eight (8) shops are under the lease/licence of the Ministry of Defence (Mod ). All the shops are situated in what has historically come to be known as the Chhatta Bazaar or Meena Bazaar. The genesis or catalyst of the eviction of these Shopkeepers in the Chhatta Bazar complex is stated by the Respondents to be traceable to the decision of the Division Bench of this Court in a Public Interest Litigation bearing No. CWP 3313/1999 titled as Society for Protection of Heritage and Culture vs. Union of India and Others (PIL in short ). The Division Bench had directed the Union of India to remove all the kiosks, canteens and other encroachments in the outer barbican and the periphery of the Red Fort. It is alleged by the Respondents that the Court s directions also covered the Chatta Bazaar but this is not forthcoming from a perusal of any of the Orders passed in that PIL.

( 2 ) IT will be of advantage to reproduce the following Minutes of a Meeting on which the assailed action of the MCD/mod is avowedly predicated, which are self-explanatory:

"minutes OF THE MEETING HELD IN THE CHAMBER OF DEFENCE SECRETARY ON 28. 5. 2001 REGARDING CWP NO. 3315/99 FILED BY THE SOCIETY FOR PROTECTION OF HERITAGE AND CULTURE BEFORE THE DELHI HIGH COURT ABOUT VACATION OF RED FORT BY THE ARMY. . . . . . . . . a) To declare the entire Red Fort Complex as protected monument dg, ASI mentioned that it would be possible to declare the entire Red Fort complex as protected monument even if it is under the occupation of the Army for performing the ceremonial duties relating to Independence Day, Republic Day and Martyr s Day etc. assigned to it. However, once the entire monument is declared protected, no new construction will be permitted under the provisions of the Ancient Monuments and Archaeological Sites and Remains Act. In this regard it was decided that the Army would vacate the rampart and the wall quarters under occupation of Army and handover the same to ASI. The army will, however, continue to use the ramparts for flag hoisting. b) to remove the barracks and other unauthorised constructions including workshops for repairs of vehicles, for storing of coal and firewood and clear the entire area. It was clarified by the representative of Army that there are no unauthorised constructions in the Red Fort Complex under occupation of Army. Also no coal is stacked in the store now. The representative of DGQA clarified that their own accommodation at Badarpur and as soon as their building is ready, the building occupied by DGQA in the Red Fort area will be vacated and handed over to ASI. As regards one other building in the vicinity of Swatantrata Sangrahalaya, the representatives of Army Hqrs. stated that this building is being used for JCO s accommodation and it was agreed in principle that they will vacate the building, but before vacation, alternative accommodation will have to be found within existing buildings by suitable readjustment. As regards the building, where INA trial was held, presently under the occupation of Army, the Defence Secretary desired that as this building has a historical significance, its vacation by the Army should be considered. Army Hqrs agreed to examine the matter in consultation with ASI. The Army authorities also agreed to relocate the existing overhead reservoir. c) To remove the shops and Canteen, Chatta Corridor and outside the Chatta Corridor it was clarified by the representative of Army Hqrs. that only 8 shops pertain to Ministry of Defence. The leases of all these shops have been terminated and action has been initiated by the local military authorities for the eviction of