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ASI gets HC nod to remove construction at excavated mosque site
Monday July 30, 2012 08:14:36 PM,
Agencies
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New Delhi: The Delhi
High Court Monday allowed the Archaeological Survey of India (ASI)
to remove the construction at the purported excavated mosque
site near the historic Jama Masjid.
A special bench of Acting Chief Justice A.K. Sikri, Justice S.K.
Kaul and Justice Rajiv Shakdher asked the ASI to implement its
order dated July 19 in which it directed North Delhi Municipal
Corporation to remove, what it termed as, the unauthorised construction within 15
days.
"The ASI should begin its task in right earnest with all technical
assistance to verify the position at site, which they should take
possession of. It will be open to the ASI to carry out further
digging or any other activity at site as they deem appropriate for
verifying the site position and respective claims," the bench
said.
"The stand of the ASI is unequivocally reflected in its notice
dated July 19 with which North Delhi Municipal Corporation is, in
fact, in agreement. The said concerned authorities with the
assistance of police should, thus, implement the statutory mandate
without fail," court ordered.
People in Subhash Nagar area close to Jama Masjid started the
construction of a mosque at the site at Subhash Park after a
building's remains were discovered early this month during
excavation for Delhi Metro work.
The area people claimed that the remains were those of the 17th
century Mughal-era Akbarabadi mosque.
According to the ASI, Subhash Park fell within the restricted zone
of two protected heritage sites -- Sunehri Masjid and Red Fort --
and any construction in the area required permission from the
National Monuments Authority.
It also said that construction at the excavated site was illegal
under the provisions of the Ancient Monuments and Archaeological
Sites and Remains Act.
The court asked the ASI to submit a status report to the court in
a sealed cover within two months, and posted the matter for Oct
11.
The judges said: "The police will maintain vigil so that law and
order is maintained at the site and unnecessary rumour mongering
and endeavour to give communal overtone is prevented."
The court earlier this month put a stop on construction work at
the site at Subhash Park and asked the ASI to investigate if the
Akbarabadi Masjid, whose ruins were being claimed to have been
found there, did exist or not.
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