The Delhi High Court has clarified that the protected area surrounding the Dariya Khan Tomb, located in East Kidwai Nagar, will be designated as 1.25 acres.

A division bench consisting of Justice Rekha Palli and Justice Saurabh Banerjee heard an appeal filed by NBCC (India) Limited, which challenged a single judge's order that had rejected its application. The application sought to correct an alleged factual error in a ruling that incorrectly stated the Dariya Khan Tomb was located in an area of 14 acres.

NBCC submitted that when the ruling was issued in 2021, it was unaware that the actual area of the Dariya Khan Tomb was only 1.25 acres, rather than the 14 acres recorded in the decision. The company referenced documents, including a notification from as far back as October 1925, which confirmed that the correct area of the Dariya Khan Tomb was 1.25 acres.

The single judge dismissed NBCC's application but granted the company the liberty to approach the Archaeological Survey of India (ASI). NBCC contended that the single judge had denied relief despite clear documentation showing that the protected area of the Dariya Khan Tomb was only 1.25 acres. Therefore, NBCC sought the impugned order to be set aside, with a clarification that the protected area of the Dariya Khan Tomb was indeed 1.25 acres.

In its decision, the division bench observed that since the correct factual information was already before the single judge, there was no need to refer NBCC to the ASI. The bench stated that the single judge should have issued the necessary clarification regarding the protected area of the Dariya Khan Tomb instead of relegating the matter to the ASI.

The Court noted that even if the protected area of the Dariya Khan Tomb were clarified to be only 1.25 acres, it would not automatically entitle NBCC to undertake any further construction or commercial activities within the prohibited area or the regulated area outside the tomb.

The Court expressed the view that no directions could be issued regarding NBCC's request to carry out additional construction. The Court advised that NBCC should approach the relevant Competent Statutory Authorities for such matters.

“For this purpose, we may note that it is the common case of the parties that the protected area of the Dariya Khan Tomb is surrounded by a prohibited area in the nature of a circular belt with a radius of 100 meters and the regulated area being a circular belt with a radius of further 200 meters,” the bench said.

It added: “We, accordingly, dispose of the appeal by clarifying that the protected area of the Dariya Khan Tomb would be treated as 1.25 acres, making it clear that this would not amount to permitting the appellant to carry out any further construction/commercial activities without seeking appropriate orders from the Competent Statutory Authorities.”

Title: NBCC (INDIA) LIMITED v. AMAN LEKHI & ORS.