JUDGMENT : 1. We have before us the report submitted by a Committee headed by Director (Monuments), Archaeological Survey of India constituted by this Court by the order dated September 20, 1996. The Committee has surveyed the area of Nabi Karim for the purpose of locating the place where the tomb of Shaik Muhammad Ibrahim Zauq was once existed. Apart from the Director (Monuments) ASI, the Committee comprises of Dr. W.H. Siddiqi, Former Director, ASI, Dr. Khaliq Anjum, Secretary, Anjuman Tarakki-e-Urdum Mr. Khwaja Hasan Sani Nizami, Mr. Habib Khan, and Mr. Firoz Bakht Ahmad. Mr. Siraj Pracha also assisted the Committee. 2. Prior to the constitution of the above said Committee, this Court by the order dated August 7, 1996 requested three lawyers of this Court, namely, S/sh. R.F. Nariman, Ranjit Kumar and Krishan Mahajan to survey the area and file a report. This Court in the order dated August 23, 1996 considered the report of the three learned lawyers in the following words: "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......... 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 n 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 tomb of Zauq was to be re-claimed. We are prima facie of the view that the lavatory need to be re-located with immediate effect. The grave of Zauq which is under the toilet need to be restored with immediate effect and a suitable monument constructed. We are prima facie of the view that the lavatory need to be re-located 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 on the grave of Zauq. The least to say, it is highly defamatory and an utter disgrace to a great poet who gave immortal poetry to the country. It is pity that poets like Ghalib and Zauq quo brought glory to the country are being dealt with in such a shabby manner. The least the nation could do is to build some suitable monument for them. We are thankful to our lawyers friends for visiting the area and assisting this Court with the report. We place on record our appreciation for all the three advocates." 3. Mr. M.C. Mehta has taken us through the report which has been placed on record along with an affidavit filed by Sh. D.B. Sharma, Superintending Archaeologist, ASI. It would be useful to reproduce the relevant parts of the report: "The earliest reference to the existence of the grave of Zauq is available as early as 1919 when the famous historian Bashiruddin Ahmad visited the site for writing his book Wagiat-i-Darupal Hukumat-i-Dihli (History of the Delhi Imperial City, Agra, Shamsi Press, 1919). Bashiruddin Ahmad has given a vivid description of the grave of Zauq as well as its condition then prevailing. According to him the grave of Ibrahim Zauq is situated in the Kallu-ka-Takiya a famous graveyard near Qadam-Sharif. There were seven more graves alongwith the grave of Zauq. It had an enclosure wall and there was a tablet on the head side of the grave containing an epitaph in urdu verse with date of his death. (1) Allah is Most Great. (2) The parrot of India Ustad Zauq left the garden of the world for the garden of paradise. If some body asks for the year of his death, then O Zafar say that Zauq was at the head of those who received mercy of Allah in ..... AH 1271. (English translation of epitaph of the grave of Zauq). (2) The parrot of India Ustad Zauq left the garden of the world for the garden of paradise. If some body asks for the year of his death, then O Zafar say that Zauq was at the head of those who received mercy of Allah in ..... AH 1271. (English translation of epitaph of the grave of Zauq). Bashiruddin Ahmad also mentions that the grave of the famous poet of India who was the tutor to last Mughal Emperor Abu Zafar Muhammad Sirajuddin Bahadur Shah is lying in an uncared for condition and its boundary wall (enclosure wall) had fallen at many places and he also states further that if such negligence continued it may not be possible to find out even the traces of the grave of this famous poet."..... "An interesting evidence regarding the existence 'of the grave of Zaaq till the end of 1950 is the inspection note drawn on 16.12.1950 (PI.IX; Annexure - 1) by Shri Maulana Hafrzur Rahman of Delhi Waqf Board and the action taken by the Waqf Board Committee for carrying out the repairs to the grave as well as it enclosure. The inspection note mentions the condition of the grave and the repairs that it needed for its preservation, particularly for providing doors and railing etc. The next reference to the existence of the grave of Zauq till the end of July 1952 comes from the action taken by Police authorities on a complaint lodged (PI.X' Annexure-II) by Shri Mohammad Jafri Offg: Nazir-e-Aukaf, Delhi on 23rd July, 1952 regarding the grave of Zauq. The police report submitted over the complaint of Shri Mohammad Jafri mentions that the grave of Zauq was quite intact (P1.XI). The tablet of the grave however, was missing which the police authorities remarked that it was lost (damaged) due to the disturbance of the days of 1947. It appears that the grave of Zauq was intact and was also in existence till the end of July, 1952. The above mentioned headstone containing the epitaph, however, was missing since July, 1952. As per revenue records available in Dy. Commissioner's office and Delhi Development Authority, Zauq's grave was located in Khasra No. 52, Mauja Qadam Sariff, Nabi Karim. It appears that the grave of Zauq was intact and was also in existence till the end of July, 1952. The above mentioned headstone containing the epitaph, however, was missing since July, 1952. As per revenue records available in Dy. Commissioner's office and Delhi Development Authority, Zauq's grave was located in Khasra No. 52, Mauja Qadam Sariff, Nabi Karim. The Commissioner of Municipal Corporation vide letter No. 157/C&C dated 6.1.1979 stated that a public latrine block was constructed in the year 1961 by the MCD in Nabi Karim graveyard to cater the need of the residents of the area. It is now learnt that this latrine block is situated on the grave of Ustad Zauq, a noted Urdu Poet and it is desirable that the same is removed from its present site. The proposal was placed before the Standing committee for according sanction under section 197- 199 of Act for acquiring land measuring 150 sqd. falling under Khasra No. 52, Mauja Qadam Sariff and the same was duly approved by the Committee (Annexure-III)." ...... "CONCLUSION: All literary reference pertaining to location of the grave of great Urdu Poet, Zauq Dehlavi was consulted by me in different libraries, National Archives, Delhi Archives and other research institution of reputed fame. Apart from this, various scholars on the subject were consulted in person. The Committee duly constituted by Hon'ble Supreme Court met four times at different places and discussed the matter pertaining to location of Zauq's grave in detail. The area of Qadam Sariff graveyard, Takia-Muhammad Ali near Nabi Karim, Grave of Baqi-Billah at Nabi Karim and Baghichi Allauddin were extensively explored and combed by me to locate the grave of Shaikh Muhammad Ibrahim Zauq. The Committee also visited the site alongwith renowence scholars on the subject. On the basis of available literary reference, explorations and other deliberations the committee is of the opinion that location of the Zauq's grave is the same where once in the year 1961, MCD constructed lavatory blocks to cater the needs of the residents of the area. All research, verification, surveys on the subject lead to the conclusion that enclosures wall containing grave of Ustad Zauq as originally seen by Bashiruddin Ahmad in the year 1919 was removed alongwith several other graves and levelled to the ground for providing public conveniences to the residents of this locality." 4. All research, verification, surveys on the subject lead to the conclusion that enclosures wall containing grave of Ustad Zauq as originally seen by Bashiruddin Ahmad in the year 1919 was removed alongwith several other graves and levelled to the ground for providing public conveniences to the residents of this locality." 4. It is, thus, crystal clear from the report of the Committee quoted above that till the year 1952 the grave of Zauq was intact at the place where it has been located by the Committee under the directions of this Court. It is a pity that instead of preserving the grave as a national and protected monument it was totally destroyed due to the negligence of those who should have preserved the same. After the restoration of the grave and construction of suitable monument in memory of the great Poet, we shall take up the question of fixing the responsibility of the Department/persons who miserably failed in preserving the monument. 5. The report further indicates that the location of Zauq's grave is at a place where the Municipal Corporation of Delhi constructed lavatory blocks to cater the residents of the area. It is beyond our comprehension how on the grave of Poet Zauq which was in existence on the spot till 1952 lavatories could be constructed by the MCD in the year 1961-62. We are of the view that the construction of the public lavatories on the grave was the worse type of sacrilege to the literature and the literary men of the country. It was, indeed, a gross insult and defamation to the great Poet. Responsibility shall have to be fixed in this respect. 6. Keeping in view the report which has been extensively quoted above and other material on the record, we order and direct as under:- 1. A team of the MCD along with ASI shall survey the area and come to a positive conclusion as to how much area is required to preserve the grave and also to build a reasonable monument therein. The MCD shall depute an expert planner and, an architect for this purpose. This shall be done within three days from today. 2. Apart from the area mentioned in para I above, the said team shall also locate some area at a reasonable distance where the public convenience (lavatories) etc. can be re- constructed after demolishing the same from the present site. This shall be done within three days from today. 2. Apart from the area mentioned in para I above, the said team shall also locate some area at a reasonable distance where the public convenience (lavatories) etc. can be re- constructed after demolishing the same from the present site. This shall also be done within three days from today. 3. As soon as the area is located by the officers mentioned above a report shall be sent to Delhi Administration, MCD, and the DDA. A copy of the report shall also be placed on the record of this Court. The report shall indicate the exact area in sq.ft/sq. yds/khasra numbers with proper maps and plans. This shall be done both in relation to Zauq monuments and the re-construction of lavatories. 4. The Commissioner, MCD shall have the status/ownership of the land/area identified by the above mentioned officers verified. It would be necessary to find out whether the area is to be acquired or dealt with in any other manner. Mr. Siraj Paracha, Chairman of the Delhi Waqf Board states that the area which is proposed for the grave-yard and monuments comes within the control of Waqf Board. he has further, very fairly stated, that the Waqf Board has no objection in surrendering the area for the purpose of constructing the monument. It is, however, not disputed that some residents have constructed houses on the area and they are residing in those houses since long. The Commissioner shall examine how the person who are residing in the houses constructed by them in the said area can be rehabilitated. Mr. Saharya also undertakes to have the question of rehabilitation of these persons examined through the process of DDA. The Commissioner, MCD and Commissioner (Lands) DDA shall file compliance report in this Court within one week from today. 7. To come up on 6th November, 1996. Report on Ghalib's Tomb 8. To come up on 6th November, 1996, A copy of the report be given to M/s. Ashok K. Srivastava, Kailash Vasdev, R. K. Maheshwari, advocates.