JUDGMENT : 1. Pursuant to this Court's order dated August 7, 1996, S/S R.F. Nariman, Ranjit Kumar and Krishan Mahajan, three advocates of this Court visited Ghalib's tomb and the tomb of poet Zauq. They have placed their report dated August 22, 1996 on record. The report indicates that Ghalib's tomb is situated within the Nizamuddin historical complex. Apart from the Ghalib' tomb, the famous shrine of Hazrat Nizammuddin Aulia, shrine of Amir Khusro, the tomb of Sir Shah Suleman, the first Chief Justice of the Federal Court and the "Chausath Pillar" monument are also situated within the complex. Ghalib's tomb has not been declared a protected monument. The report indicates that the way to the tomb is crowded by the vendors who have occupied the narrow path. It is also totally over-shadowed by a monstrous concrete structure which is coming up just in front of the tomb. The key to the tomb area is kept by the Ghalib Academy. It is strange that the tomb of a Poet of Ghalib's fame is lying locked and surrounded by filth and dirt. The report indicates that the street is full of garbage. Conditions become messy during rains. It is further stated that one of the walls of the tomb has been encroached by various parties. An air-conditioning machine, plastic drain pipe, cooler etc. have been fitted in the wall. Even the tomb itself needs repair. The shrines of Hazrat Nizammuddin Aulia and other monuments in the complex are also in a neglected condition and need immediate attention. 2. We are prima facie of the view that whole of this complex should be declared as national protected monument and urgent repairs and construction work be undertaken. It is only proper that a be-fitting monument, in memory of Ghalib, be built on his tomb. 3. We issue notice to the Delhi administration, M.C.D., Land and Development Officer, Ministry of Urban Development, Govt. of India, Archeological Survey of India, Ghalib Academy, Ghalib Institute, Anjuman Traki Urdu and the Management of Nizammuddin Dargah Committee. Mr. NN Goswamy appears for the Delhi Administration and Archeological Survey of India. Mr. Kailash Vasdev appears for the Ghalib Institute. A responsible person/ officer from each of these authorities/ institutions shall be present in Court on the next date of hearing. Mr. NN Goswamy appears for the Delhi Administration and Archeological Survey of India. Mr. Kailash Vasdev appears for the Ghalib Institute. A responsible person/ officer from each of these authorities/ institutions shall be present in Court on the next date of hearing. Meanwhile, we direct the Delhi Administration and the M.C.D. to issue notices to all the persons who are operating their shops etc. within the street leading to the tomb/shrines to show cause why they be not re-located. The Delhi Administration and the M.C.D. shall also issue notices to all those persons who are in the process of raising constructions adjoining to the tomb area to show cause why the permission granted to them be not withdrawn. We direct that the construction adjoining to the tomb-shrines shall be stopped forthwith ad-interim. All those persons whom notices are issued by the Delhi Administration and the M.C.D. may file their objections, if they so wish, before this Court. Within one week of the receipt of the notices. The M.C.D. and the Delhi Administration shall issue notices to all the persons within one week from today. So far as Zauq's tomb is concerned, the report is highly pathetic. Even the tomb has been removed from the grave and a public lavatory has been constructed. The public lavatory has been constructed right on top of the grave. The Committee made investigations in the area and have come to the conclusion that the grave of Zauq is right under the lavatory. Report indicates that insects and human faces were sprawled all around with open manholes full of human waste. There was an awful nauseating stink - a positive health hazard to the hundreds of residents living next door. The tomb is nowhere visible as it has been buried about ten feet below of the foundation on which the toilets stand. One of the residents of the area was even willing to give a part of his house if the tomp of Zauq was to be re-claimed. We are prima facie of the view that the lavatory need to be relocated with immediate effect. The grave of Zauq which is under the toilet need to be restored with immediate effect and a suitable monument constructed. The Monument may also be declared as a national protected monument. We are prima facie of the view that the lavatory need to be relocated with immediate effect. The grave of Zauq which is under the toilet need to be restored with immediate effect and a suitable monument constructed. The Monument may also be declared as a national protected monument. We are told that the toilets have been constructed by the M.C.D. The M.C.D. shall place the records before this court and give an explanation as to how and under what circumstances, the toilets were built or the grave of Zauq. The least to say, it is highly defamatory and an utter disgrace to a great poet who gave immoral poetry to the country, 4. It is pitty that poets like Ghalib and Zauq who brought glory to the country are being dealt with in such a shabby manner, The least the nation could do is to built some suitable monument for them. 5. We are thankful to our lawyer friends for visiting the area and assisting this Coup with the report. We place on record our appreciation for all the three advocates. 6. List the matter on 20.9.96.