The Delhi High Court has focused on the factors of the destruction of monuments and to direct the regulations for the protection of the historical and national monuments should pave the way to preserve the heritage of the nation.
- The Public Interest petition challenging the demolition of the Dargah and other surrounding historic monuments in Mehrauli.
- The Petitioner argued that the Delhi Development Authority destroyed the adjacent structures of Sanjay van and the caretakers of the Dargah is removed from this place without the issuance of prior public notice.
- He further states that, Dargah is a combination of old artistic and archaeological regions and the demolition of the historic monuments registered in the historic records is illegal.
- The Respondent argued that the demolition of the particular region is not declared as a national monument by any statutory authority. So, the action of removal is done under the adherence of the law.
The Court observed that the right to health, right to breathe, right to heritage and culture to be harmonise and balance each other. It further stated that the life sphere of man is getting its complete meaning as to protect the culture and heritage of a nation.
The High Court analysed that the Mehrauli is a green area in the Master Plan considered to be a lung of the city. But the capital city is a hazardous polluted area of a nation as per Air Quality Index (AIQ) of the country. The doctors said that, the children are largely affected by the pollution as it causes lung disease to them.
Justice Arora citied the judgement of Apex court, “religious structured places can be demolished with the prior approval of Religious Committee which is headed by the Lieutenant Governor of Delhi.” And Held that the demolition can be done in fair and reasonable manner with the permission of religious committee. Otherwise, it is illegal.
The Court highlighted that the right to heritage has to be balanced with right to breathe in order to protect the monuments of the nation.
CASE NAME: Himanshu Damle & Anr. V. Delhi Development Authority & Ors.
NAME: Viswa ganesh K, BALLB (Hons.), School of Excellence in Law, Dr. Ambedkar Law University, INTERN UNDER LEGAL VIDHIYA.
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