Disposed

Sh. Mirza Rashid Beg v. Archeological Survey of India and Ors.

Delhi HC21 May 2025W.P.(C)/10925/2017

Case brief

AI extract

What is this about?

The Court disposed of two writ petitions concerning allegations of unauthorized and illegal construction in premises within 100 meters of a protected ASI monument. It directed a fresh inspection by ASI within three months and instructed the SHO to assist.

What did the court decide?

Directed ASI to conduct a fresh inspection within three months; directed SHO to provide assistance to ASI.

Sh. Mirza Rashid Beg Vs Archeological Survey of India and… — Property and Title | Delhi HC (2025)

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$~25 & 26

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10925/2017, CM APPL. 44683/2017

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SH. MIRZA	RASHID BEG	.....Petitioner
ARCHEOL	Through: versus OGICAL SURVE	Mr. Rajeev Saxena, Sr. Advocate with Ms. Megha Saxena, Ms. Shreya Bhatnagar and Mr. Shaurya Dahiya, Advocates. Y OF INDIA AND
ORS.		.....Respondents
	Through:	Mr. Chetan Sharma, ASC with Ms.
		Avshreya Pratap Singh Rudy, Sr.
		Panel Counsel, Mr. Amit Gupta, Ms.
		Usha Jamnal, Mr. Shubham Sharma,
		Ms. Harshita Chaturvedi and Mr.
		Saurabh Tripathi, Advocates
		alongwith Mr. Pradeep Pandey, ASI and Dr. Raj Kumar Patel, ASI.
		Mr. Jitesh Vikram Srivastava, SPC with Mr. Rajesh Vikram Srivastava, Advocates alongwith Dr. Raj Kumar Patel, SA, ASI, Delhi Circle and Dr.
		Pradeep Kumar Pandey, ASA, ASI, Delhi Circle for R-3.

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	AND
+ W.P.(C) 12455/2024, CM AP	PL. 51	854/2024
SUPREME COURIER SERV	ICE	.....Petitioner
Through:	Mr.	Ajay Gupta, Advocate
versus
ARCHAEOLOGICAL SURV ORS	EY O	F INDIA AND .....Respondents
Through:	Mr.	Jagdish Chandra, CGSC, UOI
	with Mr.	Mr. Shubham Kumar Mishra and Prashant Gautam, Advocates

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 20:03:17

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alongwith Dr. Raj Kumar Patil, SA, ASI and Dr. Pradeep Kumar Pandey, ASA, ASI. Mr. Ashutosh Gupta, ASC with Mr. Arman Monga, Advocate for MCD.

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CORAM:

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HON'BLE MR. JUSTICE MANOJ KUMAR OHRI O R D E R % 21.05.2025

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The above-noted petitions pertain to the counter allegations of unauthorised construction in the subject property bearing Nos. 1490-1491 (Part), near Ritz Cinema, Kashmere Gate, Delhi - 110006 and the shops on the ground floor of the said building. In W.P.(C) 10925/2017, the petitioner/ Mirza Rashid Beg, who is the owner of shop No. 1491-E, situated on the ground floor of the subject property, alleges unauthorised construction in the subject property by its owner, respondent No.7/ Supreme Courier Service. On the other hand, in W.P.(C) 12455/2024, the petitioner/ Supreme Courier Service, being the owner of the subject premises, alleges illegal construction in shop No. 1489, situated on the ground floor of the subject property which is owned by respondent No.4/ Bushra Khanam, who is the wife of Mirza Rashid Beg.

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Mr. Chetan Sharma, Ld. ASG appears in pursuance to the order passed by this Court on 11.03.2025 and submits that the above properties fall within the domain of Archaeology Survey of India (ASI), being within the 100 meters of the protected monument.

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Mr. Jitesh Vikram Srivastava, Ld. Counsel for ASI, on instructions, submits that a fresh inspection would be carried out at the aforesaid

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properties and in case any unauthorised construction is found in any of the subject properties, necessary action would be taken in accordance with law within a period of three months.

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The SHO concerned is directed to provide all such necessary assistance to ASI as may be required by them for carrying out the aforesaid action.

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Both the petitions are disposed of in the above terms alongwith pending applications.

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MANOJ KUMAR OHRI, J

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MAY 21, 2025

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Sh. Mirza Rashid Beg v. Archeological Survey of India and Ors.

Case brief

What is this about?

What did the court decide?

Sh. Mirza Rashid Beg v. Archeological Survey of India and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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