ORDER

CHANDRA DHARI SINGH, J (Oral)

1. The instant petition under Article 226 of the Constitution of India has been filed on behalf of the petitioner seeking the following reliefs:

“A. To issue a Writ in the nature of MANDAMUS and/or any other appropriate Writ/Order/Direction of like nature thereby Signature Not Verified Digitally Signed By:SARIKWA .P.(C) 10954/2020 Page 1 of 18 directing the Respondent No. 1&2 to forthwith take action against unauthorized construction/illegal encroachment carried out in the immoveable property bearing property bearing no. H-5/6 to H-5/10, Kalka Das Marg, Mehrauli, Delhi and to thereafter demolish/seal the same;

AND B. To further issue a Writ in the nature of PROHIBITION and/or any other appropriate Writ/order/direction of like nature thereby restraining the Respondent No.1&2 from allowing any construction in the aforesaid property except in strict accordance with the law; in the light of the facts and circumstances narrated hereinabove;

AND C. Pass any other and further order as this Hon’ble Court deems fit.”

2. The facts of the present petition have been recapitulated herein below:

a) The petitioner is the Director of M/s Golden Chariot Recreations Private Limited, having its registered office at 101, Gagandeep Building, 12 Rajendra Place, New Delhi 110008.

b) M/s Golden Chariot Recreations Private Limited is one of the partners at the partnership firm named M/s Integration 2020 Developers Partner (hereinafter “partnership firm”) and one Mr. Mukesh Punika (hereinafter “respondent no.5”) is the co-partner. A partnership deed dated 9th July 2012 was executed between the partners.

c) Subsequent to the execution of the partnership deed, the firm acquired property bearing No. H-5/6 to H-5/10, Kalka Das Marg, Mehrauli, Delhi, famously known as Qutub Colonnade (hereinafter “property”) and subsequently decided to renovate the said property with the Signature Not Verified Digitally Signed By:SARIKWA .P.(C) 10954/2020 Page 2 of 18 intention of putting it up for rent.

d) Thereafter, during the course of the aforesaid renovation, the partners of the partnership firm got involved in a dispute, spiraling into long drawn litigation, leaving the property without any tenant.

e) Subsequently, it has been alleged that the respondent no.5, in connivance with certain other stakeholders, started certain illegal construction activities at the property and the same has been done within 40 meters of Qutub Minar complex, a historical site as identified by the Archeological Survey of India, which is against the settled law.

f) The said construction activities were undertaken without the consent of the petitioner, however, once the petitioner was apprised of the same, the petitioner made several representations to the Archeological Survey of India (hereinafter “respondent No.2”), however no action was taken by the respondent no.2.

g) Subsequently, the Competent Authority of NCT of Delhi vide letter dated 3rd August 2017, directed the learned Superintending Archeologist of India of the respondent no.2, to further direct the Conservation Assistant / Surveyor to examine the case and initiate action as per the provisions of AMASR (A&V) Act, 2010.However, the same has not been acted upon by the respondents.

h) Further, vide letter dated 26th September 2020, the petitioner addressed the Superintending Archeologist of India of the respondent no.2 and Executive Engineer (Building), SDMC, Municipal Signature Not Verified Digitally Signed By:SARIKWA .P.(C) 10954/2020 Page 3 of 18 Corporation of Delhi, thereby, urging them to penalize all violations qua the alleged illegal constructions. However, no response has been received from the concerned parties.

i) Aggrieved delinquency on part of the concerned officials, the petitioner has preferred the present petition.

3. Learned counsel appearing on behalf of the petitioner submits that the respondents have acted in a mala fide and arbitrary manner, thereby, overlooking the settled law and guidelines