The ASI earlier stated that two structures within the archaeological park held religious significance, as Muslim devotees regularly visited the Ashiq Allah Dargah and the Chillagah of Sufi saint Baba Farid.
New Delhi, February 28, 2025: The Supreme Court of India ordered a stay on any new construction or renovation work at centuries-old religious sites located inside Mehrauli Archaeological Park, Delhi. This includes the 13th-century Ashiq Allah Dargah and Chillagah of Baba Farid, which hold deep religious significance.
A bench led by Chief Justice Sanjiv Khanna and Justice Sanjay Kumar was hearing a plea from Zameer Ahmed Jumlana. He had approached the court to safeguard these historical religious structures from demolition.
During the hearing, senior advocate Nidhesh Gupta cited the Archaeological Survey of India’s (ASI) status report and informed the court that one of the monuments was nearly 700 years old.
Chief Justice Sanjiv Khanna expressed concern over encroachments in historical areas.
He observed, “People keep encroaching and putting up shops to earn money,” and instructed the ASI to create a site plan to prevent further encroachments.
Additional Solicitor General K M Nataraj suggested a proper investigation before any decision was made.
He said, “Let us find out which are built newly and which are old.”
A lawyer in the case argued that since these structures had not been officially declared as protected monuments, renovation should not be an issue. However, the Supreme Court made it clear that any renovation must follow legal procedures.
The bench stated, “For the renovation, permission under the existing laws would be needed.”
The court has now asked the ASI to submit a detailed site plan and further status reports. The next hearing is scheduled for April 28, 2025.
The court also ordered, “There shall not be any construction at the existing site.”
In its interim report, the ASI confirmed the religious importance of the two sites, noting that Muslim devotees regularly visit the Ashiq Allah Dargah and Chillagah of Baba Farid.
The ASI also referred to an inscription found at the tomb of Shaikh Shahibuddin (Ashiq Allah), which states that it was built in 1317 AD.
It added, “The structural modifications and alterations for the sake of restoration and conservation have impacted the historicity of the place.”
Additionally, the ASI pointed out that the tomb is close to the citadel of Prithviraj Chauhan and falls within the 200-metre regulated zone under the Ancient Monuments and Archaeological Sites and Remains Act. The ASI clarified that any repair, renovation, or construction requires prior approval from the competent authority.
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According to the ASI report, “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.”
Petitioner Zameer Ahmed Jumlana argued that the Delhi Development Authority (DDA) was planning to demolish the structures under the pretext of removing encroachments, without conducting a proper historical assessment.
Jumlana had earlier challenged a Delhi High Court order from February 8, 2025, which allowed a religious committee led by Delhi Lieutenant Governor V K Saxena to review the matter.
However, Jumlana contended that the committee was not the right authority to decide the antiquity of the structures.
