Today, On 19th August, The Supreme Court directed that the Archaeological Survey of India should supervise the preservation, repair, and renovation of monuments in Delhi’s Mehrauli Archaeological Park, including the historic Ashiq Allah Dargah and Chillagah of Baba Farid.
The Supreme Court stated on Tuesday that the Archaeological Survey of India (ASI) should oversee the preservation of monuments within Delhi’s Mehrauli Archaeological Park, including the 13th-century “Ashiq Allah Dargah” and “Chillagah of Baba Farid,” a venerated Sufi saint.
This directive came in response to two appeals urging authorities to refrain from demolishing or removing the dargah and other historical structures in Mehrauli or Sanjay Van.
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A bench comprising Justices B V Nagarathna and R Mahadevan noted that on February 28, the court had prohibited any construction, additions, or alterations to existing structures in the area without its approval.
The bench questioned the Delhi Development Authority (DDA) counsel, asking,
“Why do you want to demolish it in the first place?”
The DDA’s representative clarified that the authority had no objections to the dargah but mentioned the presence of several unauthorized structures nearby.
The counsel stated,
“The question which really arises is, how much of it is the protected monument and how much of it is the encroachment?”
While the bench emphasized that no further construction should take place, it highlighted the importance of preserving the monument.
The bench remarked,
“That monument has to be preserved. We are only concerned with the monument,”
The appellants, who opposed a Delhi High Court ruling on the matter, argued that the monuments in question were not encroachments, as they had been part of the area since the 12th century.
Referring to the ASI’s status report, the appellants contended that while these structures might not be classified as centrally protected monuments, the ASI could still oversee their maintenance and repair.
The DDA’s counsel countered that the authority was focused only on the demolition of unauthorized structures encroaching on public land, as per the apex court’s orders.
The bench concluded,
“In the circumstances, we dispose of these appeals by observing that the ASI should take under its consideration the supervision of the monuments in question in the matter of repair, renovation,”
One appellant sought protection for the religious structures within the archaeological park from demolition. The ASI had previously indicated that both structures held religious significance, as Muslim devotees visit the shrines daily.
According to the ASI, an inscription on the tomb of Shaikh Shahibuddin (Ashiq Allah) notes that it was constructed in 1317 AD.
This tomb is located near the citadel of Prithviraj Chauhan and falls within the regulated zone of 200 meters as defined by the Ancient Monuments and Archaeological Sites and Remains Act.
Any necessary repair or renovation work requires prior approval from the competent authority.
The ASI report further stated,
“Both structures are frequently visited. Devotees light lamps at the Ashiq Dargah for fulfilment of wishes. They visit Chillagah to get rid of evil spirits and bad omen. The place is also associated with the religious sentiment and faith of a particular religious community.”
Case Title: Zameer Ahmed Jumlana v. Delhi Development Authority (DDA) & Ors., Diary No. 6711/2024