VIBHU BAKHRU, J.

CM No. 5325/2018

1. Exemption is allowed, subject to all just exceptions.

2. The application stands disposed of.

W.P.(C) 1269/2018

3. The petitioners are essentially aggrieved by non-grant of permission to construct on their land. The petitioners own a piece of land admeasuring 12 biswas in Khasra No. 541/519/170/2 of Vilage Kharera, now known as “Green Park Extension, New Delhi” (hereafter “the said land”). The said land is in the immediate vicinity of a centrally protected monument known as “Sakri Gumti” (hereafter “the Monument”). The said land falls within the prohibited zone of 100 meters of the Monument.

4. The petitioners state that other persons who own land in the vicinity of the Monument had constructed buildings prior to the amendment in the Ancient Monument and Archaeological Site and Remains Act, 1958 (hereafter “the Act”), by virtue of which any further construction in the prohibited zone, is prohibited . However, the petitioners were unable to do, so since the said land had been illegally occupied by respondent no.1 (hereafter “the ASI”). The petitioners claim that the ASI was evicted from the said land on 13.02.2017; however, by that time, the Act