$~75 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1141/2026 MANOJ KUMAR .....Petitioner Through: Mr. M S Jadhav, Advocate.

versus SPECIAL TASK FORCE & ORS. .....Respondents Through: Mr. Arjun Mahajan, Standing Counsel with Mr. Apoorv Upmanyu and Mr. Harsh Vashisht, Advocates for STF.

Mr. Rakesh Kumar, SPC with Mr.

Sunil Advocate for UoI.

Mr. Kumar Shashwat Singh Sawno, Standing Counsel with Mr. Vishal Singh and Mr. Kartikay Trivedi, Advocates for MCD.

CORAM:

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TEJAS KARIA

O R D E R

% 28.01.2026

1. Heard the learned Counsel for the Parties.

2. The proceedings of the instant Public Interest Litigation Petition have been instituted in respect of certain alleged illegal and unauthorized constructions adjoining ‘Moth Ki Masjid’, which, according to the Petitioner, is a protected monument and in terms of the provisions of the Delhi Ancient and Historical Monuments and Archaeological Sites and Remains Act, 2004 and other connected laws, no construction in the prohibited area is permissible.

3. In the wake aforesaid facts, a prayer has been made for issuing appropriate directions to the Respondents to remove the alleged unauthorized constructions.

4. Having heard the learned Counsel for the Parties and having regard to the nature of the grievances raised in this Petition, we permit the Petitioner to represent his cause to the Archaeological Survey of India (“ASI”) by way of making a detailed representation, taking all the pleas that may be available to him, and enclosing therewith all the documents and photographs on which the Petitioner intends to rely.

5. Such a representation is to be made within a fortnight from today. Once such representation is received by the ASI, the same shall be considered after summoning the relevant information from all the concerned agencies including the Municipal Corporation of Delhi and Delhi Development Authority. The occupants of the buildings shall also be obliged to give all the information as and when sought by the ASI. Thus, the ASI shall consider the representation and take appropriate decision, which may be warranted under law. Such a decision once taken shall be commuted to the Petitioner.

6. We also direct that once any such decision is taken and the same warrants any action, the same shall also be taken by the ASI or the concerned agency, with absolution. It is also provided that in case the ASI, after examination of the facts and other relevant information, finds that action is needed to be taken by some other agency, it shall inform the concerned agency accordingly, who shall thereafter take decision in accordance with law.

7. The Writ Petition stands disposed of in the aforesaid terms.

DEVENDRA KUMAR UPADHYAYA, CJ TEJAS KARIA, J JANUARY 28, 2026 ap