1. The present appeal impugns a judgment of the learned Single Judge dated 10.10.2011 in W.P. (C) 4357/2011 by which the writ petitioner (who is the appellant here), had questioned the permission granted by the respondent – Archaeological Survey of India (ASI) to the second respondent to construct within 100 metres of the Humayun Tomb – a protected monument under the Ancient Monuments Act, 1958.

2. The facts necessary for the purpose of this judgment are that the second respondent apparently purchased the property – A-10, Nizamuddin East, New Delhi-16 and sought for permission to construct upon it. The local authorities, such as the Municipal Corporation of Delhi (MCD) etc. were to proceed with the application for sanction of the plans, after the ASI accorded its approval. By virtue of a Notification dated 16.06.1992 of the ASI, all constructions within 100 metres of protected monuments were prohibited. Apparently, over a period of time, the ASI used to consider applications for permissions within this area on case-to-case basis and had constituted an Expert Committee for this purpose. This Court, in a Division Bench judgment had occasion to deal with that practic