JUDGMENT : 1. We have been taken through the affidavit filed by Mr. PBS Sengar, Superintending Archaeologist, Archaeological Survey of India, Agra Circle, Agra dated April 30,1996 and also an affidavit filed by Mr. Sengar dated August 5, 1996. Para 9 of the earlier affidavit is as under: "9. That for the better preservation of the monument following points are submitted for kind consideration. a) The Archaeological Survey of India may be allowed to close the openings of the basement cells and carry out environmental development of the open spaces which are owned by the Archaeological Survey of India and falls within protected area, around Dargah Complex without any hindrance by U.P. Sunni Central Waqf Board; b) the Prescribed authority and Chairman, Fatehpur Sikri as well as the Government of U.P. may be directed to remove the unauthorised building construction and encorachments within 100 M. from the protected monument (Dargarh Complex); c) the shops, hotels, tea stall, madarsa let out/permitted by U.P. Sunni Waqf Board or occupied unauthorisedly may be directed to be removed from the premises of the Dargah complex; d) the U.P. Sunni Central Waqf Board may be restrained from further letting out the cells or any other premises of the protected monument (Dargah Complex) as well other illegal activities such as grant of licence to Photographers, Guides, imposition fee for photography, Vedio, filming, etc. which are in contravention to the Ancient Monuments and Archaeological Sites & Remains Rules, 1959." 2. Learned counsel for both the parties agree that for better preservation of the monuments, which is a world heritage, the above quoted recommendations have to be accepted and carried out. We, therefore, direct the Waqf Board and all other authorities which are managing these monuments to close the basement cell, if not already closed. Mr. Salve, learned counsel appearing for the Waqf Board states that all the basement cells have already been vacated and they shall be closed in due course. We further direct that there shall be no construction within 300 M. of the protected monuments. We, however, direct that any construction within the area of 300 M. which is part of the original monument, may be repaired and restored by the Archaeological Survey of India. 3.
We further direct that there shall be no construction within 300 M. of the protected monuments. We, however, direct that any construction within the area of 300 M. which is part of the original monument, may be repaired and restored by the Archaeological Survey of India. 3. We also accept the recommendation 9 (c) that there shall be no shops, hotels, tea stalls let out/permitted either by U.P. Sunni Central Waqf Board/Archaeological Survey of India or by any other authority within the area of 300 M. The existing shops etc. shall be removed before 30th November, 1996. We direct the State of U.P. through Chief Secretary/Principal Secretary, Urban Development/ARchaeological Survey of India to provide reasonable place for setting up of Dhoopbati and Chadar shops adjoining the.300 M. area. 4. During annual 'Urs' of Hazrat Sheikh Saliln'Chisti Rahmat-ullah-alaih, the Wakf Board shall be permitted to set-up temporary stalls for the sale of Dhoop and Agarbati, flowers and Chadar and other items, but immediately on the expiry of the last day of 'Urs', all the stalls shall be removed and the entire place cleaned at the expense of the Board. 5. So far as recommendation 9 (d) is concerned, we direct that the licences to Guides and Photographers for the area in question shall be given by Archaeological Survey of India. In case the Waqf Board raises any objection regarding giving licences to any Guides or Photographers, that objection shall be given due weight. These licences shall be given to a limited number of persons, who are qualified in the line. 50% of the licence fee shall be given to the Waqf Board for managing these religious institutions within the area. 6. We make it clear that there is a broad consensus between the parties in respect of the direction given by us. We are not deciding any constitutional question or question of law. 7. So far as the shifting of madras from the premises is concerned, Mr. Salve says that he will file an affidavit indicating the status and functioning of the madras. To come up on 23rd August, 1996. 8. We are informed by Mr. Salve that some other monuments like mosque of Sheikh Salim Chisthi, Rang Mahal and Abdul Fazal Fazi madras are also in a very bad shape and need immediate repair.
Salve says that he will file an affidavit indicating the status and functioning of the madras. To come up on 23rd August, 1996. 8. We are informed by Mr. Salve that some other monuments like mosque of Sheikh Salim Chisthi, Rang Mahal and Abdul Fazal Fazi madras are also in a very bad shape and need immediate repair. We direct the Archaeological Survey of India to survey these monuments, which are protected monuments and file its response before this Court within one month.