Delhi High Court Directs Urgent Removal of Encroachments at Tughlakabad Fort

Court Orders Formation of a Committee for Encroachment Removal and Rehabilitation of Displaced Residents

In a landmark decision aimed at preserving India's historical heritage, the Delhi High Court has issued directives for the removal of encroachments and illegal constructions surrounding the Tughlakabad Fort, a protected monument of national importance. The bench, comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela, has underscored the urgent need to uphold the legislative mandate of the Ancient Monuments and Archaeological Sites and Remains Act, 1958, which prohibits construction within the 100-meter prohibited area of such monuments, except under exceptional public interest circumstances.

The court acknowledged the large-scale encroachments and the substantial number of families residing in the area, likely due to a long-standing lack of enforcement and possible connivance of authorities. Recognizing the human aspect of displacement, the court has directed the formation of a comprehensive committee comprising central and state government authorities, the Archaeological Survey of India (ASI), the Delhi Development Authority (DDA), and the Municipal Corporation of Delhi (MCD), among others. This committee is tasked with devising a joint policy for not only the removal of illegal structures but also for the rehabilitation of the displaced residents. It is expected to consider existing government schemes, such as the Pradhan Mantri - Unauthorised Colonies in Delhi Awas Yojana, to facilitate this process.

The High Court has also addressed the issue of electricity connections in the encroached areas. The ASI had previously imposed a blanket ban on new connections, leading to safety concerns and illegal connections. The court has now permitted BSES Rajdhani Limited to seek relaxation of this ban by approaching the Director General of ASI, who is instructed to make a decision within two weeks.

Furthermore, the committee is required to file a progress affidavit by the next hearing date to ensure compliance with the court's orders. The case is scheduled for further hearing on December 3, 2025, where the court will continue to monitor the implementation of its directives.

This decision marks a significant step in balancing the preservation of India's historical sites with the socio-economic challenges faced by residents in unauthorized settlements.

Bottom Line:

Protection and preservation of Tughlakabad Fort, a protected monument of national importance, and removal of encroachments and illegal constructions in its vicinity under the Ancient Monuments and Archaeological Sites and Remains Act, 1958, while addressing the human problem of displacement and rehabilitation of affected residents. 

Statutory provision(s): Ancient Monuments and Archaeological Sites and Remains Act, 1958 - Sections 20A, 20B, 20C

S.N. Bhardwaj Advocate v. Archcological Survey of India, (Delhi)(DB) : Law Finder Doc Id # 2785634