ORDER : 1. On 6-8-1996 this Court had inter-alia held that it accepted the recommendation that there shall be no shops, hotels, tea stalls permitted either by the U.P. Sunni Central Wakf Board or by the Archaeological Survey of India or by any other authority within 300 metres of the shrine. The existing shops were to be removed before 30-11-1996. Three-and-a-half years have elapsed but no progress has been made except that from inside the Dargah the stalls have now moved to Plot No. 221/5. 2. In the affidavit of Shri D.V. Sharma, filed in this Court on 11-10-1999 on behalf of the Archaeological Survey of India, it has been stated that Plot No. 221/5 is a protected monument/site and therefore construction cannot be permitted of shops and for the shopkeepers to remain there. In this affidavit, it is further stated that Plot No. 244/2 located between the Dargah complex and Agra Gate at a distance of approximately 150 metres from Agra Gate, Fatehpur Sikri is a suitable site for rehabilitating the shopkeepers. It is represented by Dr. Dhavan that this Plot No. 244/2 is 750 metres from the Dargah. If that be so, then it is certainly in compliance with this Court's order of 6-8-1996 which states that the new site should not be within the area of 300 metres. The new site now proposed is not within 300 metres of the shrine but is stated to be within 300 metres of an archaeological monument. Proposed Plot No. 244/2 may not be the best site in that respect but in any case, this is a site which is chosen and recommended by the Archaeological Department and the State of U.P. and therefore, we see no reason as to why the shopkeepers who at the present moment are occupying Plot No. 221/5 are not asked to shift to this plot. 3. It has been contended by Dr. Dhavan that what is sold at these shops is essential for the purpose of the religious rites and the shops should not be shifted. Counsel for the Wakf Board also states that these shops should be near the Dargah. We fail to understand how the distance of 750 metres from the Dargah can be regarded as being so far away as to interfere with the religious rights of the pilgrims.
Counsel for the Wakf Board also states that these shops should be near the Dargah. We fail to understand how the distance of 750 metres from the Dargah can be regarded as being so far away as to interfere with the religious rights of the pilgrims. In the affidavit, which has been filed by Mr Sharma, it is stated that out of the 52 unauthorised shopkeepers only five to six are selling dhoop, dupatta and chadar. It is stated that the number of shopkeepers has increased to approximately 75 and apart from these five to six shopkeepers the others are selling various kinds of handicrafts, eatables, cold drinks etc. We do not agree that the contention that asking these shopkeepers to shift to a distance of 750 metres from the Dargah in any way violates anyone's constitutional rights. 4. We direct that according to the list supplied by the Wakf Board 24 shopkeepers are licence-holders. It is only they who will be entitled to have a licence at the alternative site, namely, Plot No. 244/2, others have no right to allotment though the State of U.P. may, if there is space and if it so desires, accommodate more persons at the alternate Site No. 244/2. Two weeks' time is granted to the existing occupants of Site No. 221/5 to vacate the said site. Alternate sites will be allotted by way of licence by the State of U.P. to the 24 persons who were the licensees of the Wakf Board and within two weeks of the allotment the said 24 persons should also vacate Site No. 221/5. 5. If Site No. 221/5 is not vacated by four weeks from today, after allotment to 24 persons being made within two weeks from today the State Government will be duty-bound to remove all the unauthorised persons occupying Site No. 221/5. No person in occupation of the said site should run a shop or a stall after two weeks from today. 6. List after ten weeks.