( 1 ) THIS writ petition, in the nature of PIL, was originally filed by Vaish International Pariwar, as petitioner, praying for protection, preservation and maintenance of a waterbody and monument/ "baoli" by the name Uggarsain-Ki-Baoli.

( 2 ) A prayer was made for preventing and/or stopping the construction of a rnulti-storeyed residential building proposal on the adjacent property No. 1, Hailey Road, New delhi of respondent No. 7 (M/s Ansal Properties and Pvt. Ltd.), being executed under a collaboration arrangement with the owners of the said property No. 1, Hailey Road, new Delhi. The Union of India is the first respondent while ASI is respondent No. 2. NDMC is respondent No. 3, duac is respondent No. 4 while DDA and Landdo, are respondent No. 5, and 6 respectively. The original owners of the plot were subsequently impleaded, on their request, as respondent No. 8.

( 3 ) IT is the case of the petitioner, that the multi-storeyed building project at 1-Hailey Road, was allegedly/without proper sanction, and also in contravention of the Ancient Monument and Archaeological sites and Remains Act, 1959. It was further contended that the original area of the "baoli", not being properly demarcated, as such the building, when constructed, would completely conceal the view of the monument and would destroy the ancient character of the Baoli, and would also adversely affect its water level -

( 4 ) IT is contended that the Archaeological Survey of india (Delhi Circle), had allegedly taken up the matter with NDMC, DDA and Delhi Urban Arts Commission, not to permit any modern construction in the vicinity of uggrasain-Ki-Baoli situated at Hailey Road, New Delhi.

( 5 ) IT was another grievance of the original petitioners that the project of M/s Ansal Properties and industries Pvt. Ltd. (respondent No. 7) at 1 Hailey road, for construction of Multi-storeyed Apartments, was liable to be prohibited just and only on account of its proximity to this "baoli".

( 6 ) AFTER notice to show cause was issued on 22. 4. 1992, the matter was taken up for consideration on various dates from time to time. Various affidavits also came on record filed by the several respondents.

( 7 ) THE contesting private respondent (M/s Ansal properties) with whose affidavit the narration on this aspect may conveniently commence, in their affidavit dated 11. 5. 1992, took up the stand that this Plot No. 1, hailey Road was a duly demarcated plot measuring 1. 69 acres, and the lease deed was itself accompanied by a site plan. According to the said respondent, the Zonal plan finalised for the area, contained details of various plots, roads, parks and also the "baoli" and that construction of residential apartments was permissible in law, on this plot No. 1, Hailey Road. Moreover specific permission had been granted in their favour by the Landdo for re-development of this plot into a Multi-storeyed group Housing Project. Initially an amount of Rupees one lakh had been deposited at the stage of seeking the terms for conversion in relation to the user, and subsequently a huge amount of Rs. 34,20,658/- was also paid to the landdo, whereupon, vide letter dated 5. 2. 1990, the Landdo granted final NOC for sanction of building plans by the ndmc.

( 8 ) VIDE sanction order dated 4. 10. 1990, the building plans were also approved by the NDMC, which had referred the matter to the Delhi Urban Arts Commission. The latter had, in turn, invited the comments of the archaeological Survey of India.

( 9 ) ACCORDING to the said reply affidavit, the construction started in July 1991 and the project cost of the Multi-storeyed building was about 10 crores. Furthermore the user of the plot as a multi-storeyed apartment, had been fixed, after due notice to the public and other authorities, and the construction aspect of the project was also in accordance with statutory plans and building Bye-Laws.

( 10 ) FURTHERMORE it is contended that the user as well as the F. A. R. had been all fixed aft