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Case title: KHIRKI VILLAGE RESIDENT WELFARE ASSOCIATION V. MUNICIPAL CORPORATION DELHI & ORS.

Case No. : W.P.(C) 6883/2024 & C.M.Nos.28704-28706/2024

Order on:  17^th May, 2024

CORAM: HON’BLE THE ACTING CHIEF JUSTICE AND HON’BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

Facts of the case
The petitioner filed a public interest petition seeking directions to reconstruct a Municipal Corporation School at Khirki Village, New Delhi. The school was initially constructed in 1949 adjacent to the Tomb of Yusuf Qattal for providing primary education. After 60 years, the petitioner felt the need for reconstruction due to increased population in the area. The petitioner made efforts since 2009, including writing to the local councilor and obtaining approvals for reconstruction. The school was demolished in 2012, and foundation stone for reconstruction was laid in 2013.However, the Archaeological Survey of India (ASI) halted construction, citing the prohibited area around the Tomb of Yusuf Qattal and the need for an NOC.
Issues
Whether reconstruction of the Municipal Corporation School at Khirki Village infringes upon the protected area of the Tomb of Yusuf Qattal.
Whether an NOC from the Archaeological Survey of India (ASI) is required for reconstruction, and if so, whether it should be granted.
Whether the rights to education of the students of Khirki Village are being violated by the delay in reconstruction and relocation to a school two kilometers away.
Legal provisions
Public Interest Litigation (PIL) : Deals with legal actions initiated in a court of law for the protection of public interest and ensuring justice to all and promoting the welfare of the people.
Section 20C Archaeological Survey of India Act, 1958: Deals with applications for repair, renovation, construction, or reconstruction in prohibited and regulated areas.
Section 2(dc) of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 : Deals with Construction.
Contentions of Appellant
The appellant argues for the reconstruction of the Municipal Corporation School at Khirki Village, emphasizing the increased population in the area over 60 years and the necessity to provide education to the children of Khirki Village and adjoining areas. The appellant argued that the reconstruction is essential for fulfilling the educational needs of the community and ensuring access to primary education for the students of Khirki Village.
Contentions of  Respondents
Respondent no. 2, the Archaeological Survey of India (ASI), opposes the construction, citing the prohibited area around the Tomb of Yusuf Qattal and insisting on the requirement of a No Objection Certificate (NOC) for reconstruction. The respondents argued that the proposed reconstruction infringes upon the protected area surrounding the historical monument and could potentially harm or compromise its integrity. They emphasized the importance of preserving cultural heritage sites and ensuring compliance with Section 2(dc) of the Ancient Monuments and Archaeological Sites and Remains Act, 1958, aimed at safeguarding such sites from development or construction activities.
Court Analysis & Judgement
In this case, the court acknowledged the petitioner’s plea for the reconstruction of the Municipal Corporation School at Khirki Village, recognizing its significance for providing primary education to the children of the area. The court noted the efforts made by the Municipal Corporation of Delhi (MCD) in seeking fresh permission from the Competent Authority for the reconstruction, following a previous rejection order. The judgment disposed of the writ petition and associated applications, directing the Competent Authority to decide on the MCD’s applications for permission to reconstruct the school. The court emphasized expeditious decision-making, ideally within six weeks. The judgment left the rights and contentions of all parties open, indicating a neutral stance on the matter pending the Competent Authority’s decision.
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Judgement Reviewed By- Antara Ghosh