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2004 DIGILAW 1136 (SC)

Wasim Ahmed Saeed v. Union of India

2004-09-02

A.K.MATHUR, S.N.VARIAVA

body2004
ORDER : S.N. Variava, J. We have heard all the parties. 2. Affidavit on behalf of the State of U.P., tendered in Court, taken on record. 3. As per the report filed in the undated affidavit, which is tendered in Court today, by Archaeological Survey of India(ASI) within first 100 metres of monument, there are 86 shops of which 19 are shops-cum-residence. The ASI is directed to remove and/or close down within a fortnight from today all shops within 100 meters. The State of U.P. and the Police are directed to give all assistance required for such removal. It is clarified that, for the present, residents must not be disturbed. The State to consider acquiring some land for the purpose of rehabilitating the residents. 4. The ASI and the local police to thereafter ensure that no shop either in a temporary structure otherwise comes up within 100 meters. For that purpose both the ASI and the Police to nominate an officer each, whose names will be given to this Court. It will be the duty of these officers to supervise the area every day and ensure that no shop comes up within 100 meters. If any shop is found within 100 meters these officers will be held personally responsible and will become liable in contempt. The named officers not to be transferred without permission of this Court. 5. Before demolition/closure takes places the ASI to note down the names of the shopkeepers whose shops are being demolished/closed down. Theses shopkeepers to be given shops in Ghata No. 244/2. 6. Between the State of U.P. and the ASI there is no unanimity as to whether possession of Ghata No. 244/2 has been given/taken or not without going into the dispute possession again performed tomorrow. 7. We are told that the High Court of Delhi has passed an Order directing the ASI to reconsider the limit of 100 meters around ancient monuments. That Order is not before us so we do not comment on that Order but our opinion is that there should be no such reconsideration in respect of ancient monuments. These are national heritages. They have to be protected/preserved at all costs. 8. List after three weeks.