Delhi High Court Directs Comprehensive Survey of Buildings Near Heritage Sites
The Delhi High Court has issued a significant directive to authorities, mandating a thorough survey of all buildings situated in proximity to the city's heritage sites. This move aims to verify whether existing and ongoing constructions adhere to established norms and regulations.
Court's Directive to Municipal Corporation of Delhi
A bench comprising Chief Justice DK Upadhyaya and Justice Tejas Karia recently instructed the Municipal Corporation of Delhi (MCD) to carry out this comprehensive survey. The order came during the hearing of a batch of petitions that highlighted alleged violations around heritage structures across the capital.
The court emphasized that these petitions raise serious concerns regarding the preservation of the character and integrity of heritage properties. It noted that constructions carried out too close to such heritage sites often tend to alter their visual and structural character. In several instances, this has resulted in the defacement of heritage buildings, causing irreversible damage.
Allegations of Norm Violations
The petitioners alleged that while approving building plans, the MCD frequently overlooks mandatory bye-laws and recommendations issued by the Heritage Conservation Committee (HCC). They further claimed that occupants and developers near heritage sites routinely deviate from sanctioned plans, exacerbating the damage to heritage precincts.
Taking note of these submissions, the high court directed that a physical survey be conducted of all buildings located near heritage properties in specific areas, including Mehrauli and Hauz Khas. The primary purpose of this survey is to determine whether constructions are strictly in accordance with sanctioned plans and applicable norms.
Ensuring Proper Oversight and Timely Completion
To ensure proper oversight and adherence to heritage conservation guidelines, the court directed that the MCD survey team must include a representative of the Heritage Conservation Committee. This representative is to be nominated by the panel's chairperson, ensuring expert involvement in the assessment process.
The court clarified that separate survey reports for each heritage property must be prepared and filed. Copies of these reports are to be shared with the petitioners' counsel, granting them the liberty to file their responses, if any, to the survey findings before the next date of hearing.
Scope and Deadline for the Survey
Clarifying the scope of its directions, the court stated that the expression "heritage building/structure/properties" used in the order shall be understood to mean only those properties which are enlisted in the relevant heritage notifications. This ensures a focused and legally sound approach to the survey.
The court has set a strict deadline for this exercise, directing that the survey must be completed within three months. The petitions are scheduled to be heard again in May, allowing for a review of the survey findings and any subsequent actions.
This directive underscores the judiciary's commitment to protecting Delhi's rich cultural heritage from unauthorized and non-compliant constructions, ensuring that future developments do not compromise the city's historical legacy.
