The Supreme Court on Wednesday ordered immediate implementation of a 100-metre exclusion zone around the archaeological survey area of India’s protected monuments Lal Bangla I and II, which is located outside the entrance gate of Delhi Golf Club (DGC).
The court ordered the closure of all activities and facilities located within that area, including parts of the club’s kitchen, which are only three meters from the memorial.
Restrictions within the club premises
At the same time, the court issued separate directions not to allow any activity within 20 meters of nine other historical buildings located within the club premises, noting that these monuments, unlike Lal Bangla I and 2, are not “protected” under the Ancient Monuments, Archaeological Sites and Monuments Act (AMASR).
A bench of Justices Ehsanuddin Amanullah N Koteswar Singh issued the directions after examining the spot survey report submitted by the court commissioners led by senior advocate Gopal Sankaranarayanan along with advocates Nipun Saxena and Vishal Sinha.
“Deteriorating condition”
“The photographs included in the report reveal that in most of the monuments there is not even a semblance of restoration. They are in a dilapidated state with even basic restoration work not being done,” the council said.
Senior advocate Kapil Sibal appeared for the club and sought time to respond to the report submitted by the court commissioners – Sankaranarayanan along with advocates Nipun Saxena and Vishal Sinha.
“The club was constructed in 1952, while the Ancient Monuments, Archaeological Sites and Monuments Act (AMASR) was passed in 1958. This is very harsh. If the entrance is closed, no one can enter the Delhi Golf Club. Let the matter not be passed without seeing our response. The court deals only according to the commissioner’s report,” he said.
Kitchen to be removed
The bench said it had indicated on May 11 that once the court commissioners submit the report, strict orders would be issued.
“The Lal Bangla I & II (1779-1780 AD), is dangerously close to the kitchen area of the DGC. The entire small kitchen portion, which is only 3 meters away from the protected monument, should be removed immediately by the DGC,” the report said.
The kitchen area contains hot boilers, buka construction, drums, heavy boiler fans, chimneys and water tanks. The same has to be done within 30 days, the commissioner said.
NDMC, asked the police to act
Based on the report, the bench held that “Section 20A of the AMASR Act, 1958 requires that there be a protected area of 100 metres. With immediate effect, no activity can take place within 100 meters of the said structure. Any structure built shall be confiscated forthwith.”
The New Delhi Municipal Council (NDMC) was represented in court by Solicitor General Tushar Mehta.
“NDMC has been directed to take immediate steps and if necessary seek assistance from the Commissioner of Police…We are making the NDMC Chairman and Police Commissioner accountable for compliance,” the bench said.
Petition from Delhi residents
The court order came on a petition filed by a Delhi resident, Rajeev Suri, who initially sought protection of Sheikh Ali’s gamti at the Defense Colony, which has since been declared a protected monument due to the court’s alert.
