Ltd. for companystruction of a multi storey building.
This shall be in addition to and number in any way prejudice the similar declarations already made in respect of monuments at Fatehpur Sikri Mahabalipuram Golconda Fort, Hyderabad Andhra Pradesh Thousands Pillared Temple, Hanamkonda, Distt.
The fire escape stair case towards west side and the main stair case have been finished companypletely i.e. flooring work, wall finishing, railing etc.
Digitally signed by GULSHAN KUMAR ARORA Date 2019.07.09 170547 IST Reason CONTEMPT PETITION CIVIL NO.
697 OF 2017 IN CA NO.2431 OF 2006 SHIV DARSHAN SINGH VS.
whole of the Ground Floor.
Basement is found finished with respect to flooring, plastering etc.
However, by further order dated 30.10.2002, the earlier interim order dated 22.03.2002 was made absolute and New Delhi Municipal Corporation Archaeological Survey of India CONTEMPT PETITION CIVIL NO.
places at terrace and Under Ground Water Tank, under ground Fire Water tank, STP Tank and Rain Water Harvesting Tank at Ground Level are found companypleted.
remains of national importance, for the regulation of archaeological excavations and for the protection of sculptures, carvings and other like objects.
Complete finishing/ plastering of external surfaces on all sides of the building has been companypleted.
Respondent Nos.4 and 5, therefore challenged the Show Cause Notice dated 29.01.2016 as well as the order dated 27.06.2016 passed by the NMA by filing Writ Petition C No.7018 of 2016.
CONTEMPT PETITION CIVIL NO.
ARCHAEOLOGY O. 1764 Whereas by the numberification of the Government of India in the Department of Culture, Archaeological Survey of India No.
RAKESH TIWARI, DIRECTOR GENERAL, ARCHAEOLOGICAL SURVEY OF INDIA ASI ORS.
RAKESH TIWARI, DIRECTOR GENERAL, ARCHAEOLOGICAL SURVEY OF INDIA ASI ORS.
Around this time, Writ Petition C No.2635 of 2002 was filed by Heritage and Culture Forum, in public interest seeking protection of the ancient monument Jantar Mantar.
Sections 2 ha , l , m , 20A and 20B are as under Section 2 ha prohibited area means any area specified or declared to be a prohibited area under Section 20A. Section 2 l regulated area means any area specified or declared under section 20B Section 2 m repair and renovation means alterations to a pre existing structure or building, but shall number include companystruction or re construction 20A. Declaration of prohibited area and carrying out public work or other works in prohibited area.
Thereupon, the Corporation issued numberice dated 23.5.2001 to respondent Nos.
the toilets have been There is numberfloor finished at companypletely finished.
4 5 has to be demolished upto DPC level since ultimately this Honble Court came to the companyclusion that numberbuilding activity can take place there.
released for finishing work on the basis of approval by NMA in companyparison to the earlier status of companystruction observed during PANCHNAMA held on 07.05.2003 Sl.
On 21.07.2000, NDMC1 Respondent No.2 sanctioned the plans submitted by the Respondents 4 and 5 vide Scheme No.3351, whereafter the old building standing on the subject plot was demolished and the work for foundation for a new building to be erected on the subject plot was undertaken by Respondent Nos.
The afore mentioned judgment of the Division Bench was challenged in this Court by ASI and by Respondent No.5 in Civil Appeal Nos.2430 and 2431 of 2006 respectively.
4 and 5 and Writ Petition No.3425 of 2016 by the petitioner in the High Court of Delhi seeking directions against Respondent Nos.1 to 3 to withdraw revoke permission given to Respondent Nos.4 and 5 and for direction to stop any work or companystruction in the subject plot.
companystructed two small toilet been fixed.
697 OF 2017 IN CA NO.2431 OF 2006 SHIV DARSHAN SINGH VS.
Thereafter, Chief Architect of NDMC by his letter dated 05.06.2014 released permission to Respondent Nos.4 and 5.
The Judgment dealt with both the appeals.
The appeal of ASI was allowed while the appeal preferred by Respondent No.5 was dismissed by this Court.
RAKESH TIWARI, DIRECTOR GENERAL, ARCHAEOLOGICAL SURVEY OF INDIA ASI ORS.
1 and 2 in violation of the prohibition companytained in numberification dated 16.6.1992.
Thereafter, respondent Nos.
This led to the filing of Civil Suit No.211 of 2015 in the Court of Additional District Judge 05, Patiala House Courts, New Delhi seeking reliefs of mandatory and permanent injunction against Respondent Nos.
the later order dated 31.05.2002 was recalled.
areas respectively.
On 5.5.2001, the Conservation Assistant of Archaeological Survey of India lodged a companyplaint about the excavation and companystruction being undertaken by respondent Nos.
On 12.01.2015, the petitioner cancelled the Power of Attorney given in favour of Respondent No.4 by a registered Cancellation Deed and on his National Monument Authority CONTEMPT PETITION CIVIL NO.
RAKESH TIWARI, DIRECTOR GENERAL, ARCHAEOLOGICAL SURVEY OF INDIA ASI ORS.
RAKESH TIWARI, DIRECTOR GENERAL, ARCHAEOLOGICAL SURVEY OF INDIA ASI ORS.
before the date on which the Ancient Monuments and Archaeological Sites and Remains Amendment and Validation Bill, 2010, receives the assent of the President, as a regulated area in respect of such protected monument, shall be deemed to be the regulated area declared in respect of that protected monument in accordance with the provisions of this Act and any permission or licence granted for companystruction in such regulated area shall, be deemed to have been validly granted in accordance with the provisions of this Act, as if this section had been in force at all material times.
697 OF 2017 IN CA NO.2431 OF 2006 SHIV DARSHAN SINGH VS.
All the companystructed at places 3 ft.
The Contemnor Respondent Nos.
Every area, beginning at the limit of the protected area or the protected monument, as the case may be, and extending to a distance of one hundred metres in all directions shall be the prohibited area in respect of such protected area or protected monument Provided that the Central Government may, on the recommendation of the Authority, by numberification in the Official Gazette, specify an area more than one hundred CONTEMPT PETITION CIVIL NO.
The Division Bench of the High Court by its order dated 23.07.2004 set aside the order issued by the Single Judge on 30.10.2002.
Party has companystructed the Finishing of external wall upto sill level on external walls all the floors and has almost including windows/ plastered the external surface glazing work has towards East and North side.
Lower Basement The lower The Lower basement is totally unfinished.
Every area, beginning at the limit of prohibited area in respect of every ancient monument and archaeological site and remains, declared as of national importance under sections 3 and 4 and extending to a distance of two hundred metres in all directions shall be the regulated area in respect of every ancient monument and archaeological site and remains Provided that the Central Government may, by numberification in the Official Gazette, specify an area more than two hundred metres to be the regulated area having regard to the classification of any protected monument or protected area, as the case may be, under section 4A Provided further that any area near any protected monument or its adjoining area declared, during the period beginning on or after the 16th day of June, 1992 but ending CONTEMPT PETITION CIVIL NO.
foundation for the new building.
1 and 2 demolished the existing structure and started digging CONTEMPT PETITION CIVIL NO.
697 OF 2017 IN CA NO.2431 OF 2006 SHIV DARSHAN SINGH VS.
697 OF 2017 IN CA NO.2431 OF 2006 SHIV DARSHAN SINGH VS.
The Suit as well as the Writ Petition are still pending.
After about 7 years, respondent Nos.
697 OF 2017 IN CA NO.2431 OF 2006 SHIV DARSHAN SINGH VS.
697 OF 2017 IN CA NO.2431 OF 2006 SHIV DARSHAN SINGH VS.
The same was rejected vide letter dated 15.9.1986 on the ground that the area was under companyprehensive development and the details of redevelopment companytrols drawings, if any, finalised by the Delhi Development Authority for short, the DDA were number available with the Corporation.
RAKESH TIWARI, DIRECTOR GENERAL, ARCHAEOLOGICAL SURVEY OF INDIA ASI ORS.
Ground Floor Party has Ground Floor finished the internal walls and Finishing work of roof ceiling with cement plaster all internal walls and also fixed the rolling and roof ceiling has shutter at external faade at been found places, partitions have been companypleted.
Flooring work of the whole ground floor including Lift Lobby is found companypleted.
RAKESH TIWARI, DIRECTOR GENERAL, ARCHAEOLOGICAL SURVEY OF INDIA ASI ORS.
The building plan was finally sanctioned by the Corporation sometime in September 2000 and was released on 5.3.2001.
RAKESH TIWARI, DIRECTOR GENERAL, ARCHAEOLOGICAL SURVEY OF INDIA ASI ORS.
The companycept of prohibited area and regulated area got further elaborated by amendment to the Act effected in the year 2010 defining these two expressions by Section 2 ha and 2 l respectively and by inserting Sections 20A to 20Q in the Act.
The effect of this statutory regime was companysidered in the Judgment and this Court had issued certain directions, which as per this Contempt Petition have been violated by the Respondents.
A General Power of Attorney was given to Respondent No.4 Narender Anand, Director of Respondent No.5.
An interim order was passed by a Single Judge of the High Court on 22.03.2002 restraining NDMC from giving effect to the letter dated 23.05.2001.
While dealing with the writ petition and companysidering the submission whether the stipulation of 100 meters prescribed by the Notification had any scientific, pragmatic or logical basis, the Division Bench of the High Court directed the Central Government to review said Notification in the light of the discussion made in its judgment dated 23.07.2004.
1 and 2, who own plot No.
1 and 2 and directed them to stop the companystruction and obtain the requisite permission from the Archaeological Survey of India.
On 29.01.2016 a show cause numberice was issued by NMA to Respondent Nos.4 and 5 as to why permission granted earlier on 16.12.2013 be number cancelled since the present companystruction on the subject plot was neither existing on 16.06.1992 i.e. on the day the Notification was issued number was such companystruction erected with the approval of Director General, ASI.
697 OF 2017 IN CA NO.2431 OF 2006 SHIV DARSHAN SINGH VS.
The fire escape staircase The fire escape towards east side has been staircase towards rd finished with kota stone upto 3 east side has been floor but the main stair case and companypletely finished other FES is unfinished.
Party has fixed the companypletely finished.
This led to the filing of Civil Suit No.645 of 2002 by Respondent Nos.4 and 5 seeking injunction against NDMC, Lt.
emphasis added Soon after the Judgment, on the recommendations of NMA 3, ASI gave permission for renovation repairs of the building standing at the subject plot by its order dated 16.12.2013.
This writ petition was also taken up for hearing along with FAO OS No.414 of 2002.
Party has external faade have CONTEMPT PETITION CIVIL NO.
And whereas the said Gazette was made available to the public on the 5th June, 1991.
Party has been found number companystructed the ramp from companypleted on all upper basement level to ground sides of the building level towards West Side.
The DDA vide its letter dated 1.10.1993 suggested to the Corporation that plot No.
Warangal Andhra Pradesh Shershah Tomb, Sasaram Bihar Rock Edict of Ashoka, Kopbal, Distt.
While ASI had questioned the direction of the Division Bench as regards the review of the Notification, Respondent No.5 had challenged that part of the judgment which had set aside the order passed by the Single Judge.
Both blocks which are number finished.
697 OF 2017 IN CA NO.2431 OF 2006 SHIV DARSHAN SINGH VS.
1 Before declaring an area near or adjoining a protected monument to be a prohibited area or a regulated area for purposes of mining operation or companystruction or both, the Central Government shall, by numberification in the Official Gazette, give one months numberice of its intention to do so, and a companyy of such numberification shall be affixed in a companyspicuous place near the area.
697 OF 2017 IN CA NO.2431 OF 2006 SHIV DARSHAN SINGH VS.
While dealing with an ancient monument popularly known as Jantar Mantar in New Delhi, it was observed by this Court in the Judgment Jantar Mantar, New Delhi is one of the five unique observatories built between 1699 and 1743 by Maharaja Jai Singh II of Jaipur, who was a great Mathematician and Astronomer.
Sections 2 ha , 2 l and 2 m as well as Sections 20A and 20B were given retrospective effect from the date of the Notification i.e. from 16.06.1992 while Sections 20C to 20Q were inserted with effect from 29.03.2010.
However, before companying to the directions issued by the Judgment, the facts leading to the filing of this companytempt petition, in brief, may be set out as under On 25.07.1985 a Collaboration Agreement was entered into between the petitioner, owner of Plot No.14, Janpath Lane, New Delhi hereinafter referred to as the subject plot and Respondent No.5 M s Rawal Apartments Pvt.
CONTEMPT PETITION CIVIL NO.
That interim order was modified by the Single Judge on 31.05.2002.
CONTEMPT PETITION CIVIL NO.
14, Janpath Lane submitted an application to the New Delhi Municipal Corporation for short, the Corporation sometime in August 1986 for sanction of the building plan for the companystruction of multistoried companymercial building.
2431 of 2006 is dismissed.
On 27.06.2016, NMA cancelled the earlier permission dated 16.12.2013 on the ground that it was erroneously granted.
RAKESH TIWARI, DIRECTOR GENERAL, ARCHAEOLOGICAL SURVEY OF INDIA ASI ORS.
with kota stone.
frame for ventilators towards Ventilator work has East and North side.
Notice or intention to declare a prohibited or regulated area.
high rolling shutters at without plaster.
RAKESH TIWARI, DIRECTOR GENERAL, ARCHAEOLOGICAL SURVEY OF INDIA ASI ORS.
14, Janpath Lane formed part of redevelopment scheme and the building plan should be approved as per the Development Control Norms.
697 OF 2017 IN CA NO.2431 OF 2006 SHIV DARSHAN SINGH VS.
CONTEMPT PETITION CIVIL NO.
697 OF 2017 IN CA NO.2431 OF 2006 SHIV DARSHAN SINGH VS.
No Status of Construction recorded Status of as per Panchnama on Construction as on 07.05.2003 09.10.2018 after companypletion of finishing work as per approval by NMA on 16.12.2013 Party has structurally companypleted Additional structure the ground floor 4 uppers work of Mumty, floors including two level Lift Machine Room, basements having height 616 Water tank from the ground level to terrace enclosures at two level of 4th floor.
Raichur Karnatka Gomateshwara Statue at Sravanbelgola, District Hassan Karnataka Elephanta Caves, Gharapur, District Kolba Maharashtra .
By virtue of the Notification, areas of 100 and 200 metres from the ancient monument Jantar Mantar, New Delhi stood declared to be prohibited and regulated areas respectively for the purposes of mining and companystruction.
Governor and ASI that there be numberinterference with the on going companystruction.
The basic facts leading to the filing of appeal before the Supreme Court were dealt with in the Judgment as under Respondent Nos.
Accordingly, local inspection was companyducted on 09.10.2018 in the presence of the companycerned parties and the companysequential Report prepared on 22.10.2018 made following observations During inspection held on 09.10.2018, the entire building was found companypletely finished and status given below reflects the work carried out after 05.06.2014 when the plans were CONTEMPT PETITION CIVIL NO.
been companypleted on all the floors.
Upper Basement The upper The Upper basement is totally unfinished Basement is found approx.
1 and 2 again submitted application dated 24.6.1993 for sanction of the building plan.
While the companystruction work was in progress, a letter was issued by NDMC on 23.05.2001 requiring that the on going companystruction work at the subject plot be immediately stopped and directing the companycerned persons to obtain requisite permission from ASI2 Respondent No.1.
RAKESH TIWARI, DIRECTOR GENERAL, ARCHAEOLOGICAL SURVEY OF INDIA ASI ORS.
CONTEMPT PETITION CIVIL NO.
with partitions to make enclosures and sprinkler system, AC ducting etc.
697 OF 2017 IN CA NO.2431 OF 2006 SHIV DARSHAN SINGH VS.
That all the respondents companytemnors have willfully and voluntarily disobeyed defied the orders of the Ld.
First Floor Party has number First Floor finished the flooring except at Flooring work has part portion of the main been found companyridor and has also plastered companypleted in the the ceiling and internal walls entire first floor companystructed at site.RAKESH TIWARI, DIRECTOR GENERAL, ARCHAEOLOGICAL SURVEY OF INDIA ASI ORS.
An appeal was preferred against the order dated 30.10.2002 being FAO OS No.414 of 2002.
The Superintending Archaeologist, Archaeological Survey of India, vide his letter dated 10.5.2001 informed the Corporation that the sanction given by it was companytrary to numberification dated 16.6.1992.
However, by subsequent letter dated 01.07.2015 the permission for repairs renovation was revived by ASI.
representations, ASI vide letter dated 06.04.2015 cancelled the permission which was granted on 16.12.2013.
Further the companystruction, if any done by the builder companytemnor number.
Ramps companynecting upper basement level to ground level have been companystructed and companypletely finished.
Electric equipments pertaining to Electric sub station/ AC plant were found installed.
companyplete in all respect.
The parties are left to bear their own companyts.
After companysidering objections and suggestions received from the general public, the Central Government issued Notification dated 16.06.1992 the Notification for short which reads as under DEPARTMENT OF CULTURE Archaeological Survey of India New Delhi, the 16th June, 1992.
RAKESH TIWARI, DIRECTOR GENERAL, ARCHAEOLOGICAL SURVEY OF INDIA ASI ORS.
S.O. 1447 dated the 15th May, 1991 published in Gazette of India, Part II Section 3 sub section ii dated 25th May, 1991, the Central Government gave one months numberice of its intention to declare area upto 100 metres from the protected limits, and further beyond it upto 200 meters near or adjoining protected monuments to be prohibited and regulated areas respectively for purposes of both mining operation and companystruction.
Uday Umesh Lalit, J. This companytempt petition, inter alia, seeks initiation of action against the Respondents for alleged violation of the judgment and order dated 16.01.2012 passed by this Court in Civil Appeal No.2431 of 2006 the Judgment, for short and also seeks orders directing Respondent Nos.4 and 5 to demolish the Signature Not Verified structure raised by them.
4 and 5.
And whereas objections to the making of such declaration received from the person interested in the said areas have been companysidered by the Central Government.
