$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 638/2024, CM APPL. 2793/2024, CM APPL. 6077/2024, CM APPL. 10222/2024, CM APPL. 10223/2024, CM APPL.

27052/2024, CM APPL. 27387/2024 & CM APPL. 27388/2024 JAMIA ARABIA NIZAMIA WELFARE EDUCATION SOCIETY .....Petitioner Through: Mr. Rakesh Lakra, Mr. Bhavya Sharma, Ms. Kanika Sharma and Ms. Shivani Kher, Advocates versus DELHI DEVELOPMENT AUTHORITY THROUGH ITS VICE CHAIRMAN & ORS. .....Respondents Through: Mr. Sanjay Poddar, Senior Advocate and Ms. Shobhana Takiar, Standing Counsel with Mr. Prateek Dhir, Mr. Shivani Takiar, Mr. Kuljeet Singh, Mr. Govind Kumar, Ms. Chand Chopra and Ms. Neha Bhupathiraju, Advocate for R-1/DDA.

Mr. Pavan Narang, SPC with Mr. Himanshu Sethi and Ms. Aishwarya Chhabra, Advocates for R-3, 4 and

6.

Ms. Farhat Jahan Rehmani, ASC with Mr. Monis Raridi, Advocate for Delhi Waqf Board.

Mr. Ripudaman Bhardwaj, SPP with Mr. Kushagra Kumar, Mr. Abhinav Bhardwaj and Mr. Ravinder Kumar Bharti, Advocates for CBI.

Mr. Ajjay Aroraa and Mr. Kapil Dutta, Advocates for MCD.

S.I. Aman Kumar, P.S. H. N. Din.

Mr. M. Arshyan, Proxy Counsel for applicant Mr. Babu Ali.

Date of Decision: 13th November, 2024 Signature Not Verified Digitally Signed W.P.(C) 638/2024 Page 1 of 22 CORAM:

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA

JUDGEMENT

MANMOHAN, CJ : (ORAL)

1. Present Public Interest Litigation had been filed seeking action against officials of the respondents who had allowed the encroachers to carry out unauthorized/illegal construction at Khasra no. 556, Ziyrat Guest House, near Baoli Gate, Hazrat Nizamuddin Dargah, near Police Booth. The petitioner had also sought a direction to demolish the said illegal and unauthorized construction.

2. When the matter was listed for the first time on 16^th January, 2024, this Court was informed that despite the petitioner’s representation dated 3^rd November, 2023 to the respondents highlighting the illegal construction being carried out at Ziyrat Guest House and the Archaeological Survey of India (ASI) issuing a Work Stop Notice dated 11^th December, 2023, the statutory authorities had failed to take any action. Since learned counsel for ASI had stated that it had written a letter dated 2^nd January, 2024 to the SHO, Nizamuddin (West) to register an FIR, this Court had observed that, prima facie, illegal and unauthorized construction was taking place with the tacit support, if not active connivance of statutory authorities and hence directed the respondents to ensure that no further construction was carried out at Ziyrat Guest House arrayed as respondent no.5.

3. Thereafter, on 1^st February, 2024, an impleadment application was filed by Mr. Babu Ali, who claimed himself to be the new owner of Ziyrat Guest House. At that time, learned counsel for MCD had stated that despite sealing the first and second floor of the said property, the erstwhile owner namely, Mr. Raisuddin sold the property to Mr. Babu Ali. He stated that Signature Not Verified Digitally Signed W.P.(C) 638/2024 Page 2 of 22 Mr. Babu Ali not only entered the said sealed property but also carried out construction of third, fourth and fifth floors. It was further stated that even the ground and the first floor of the said property were illegal and unauthorised as the land in question belonged to DDA. He had further stated that substantial demolition had been carried out by the MCD on the third, fourth and fifth floors of the subject property. Learned counsel for the DDA had stated that the subject property falls in Khasra No. 556 Min. of Aliganj Revenue Estate, which is government land placed at the disposal of the DDA pursuant to the Nazul Agreement dated 31^st March, 1937.

4. Learned counsel for the Delhi Police had stated that on 17^th January, 2024, it had registered an FIR No.0024 on the basis of a letter dated 2^nd January, 2024 received by the SHO from the office of Conservation Assistant, ASI, Humayun’s Tomb.

5. In view of the aforesaid submissions and upon finding e