The Delhi High Court raised concern regarding unauthorized encroachments and constructions of religious structures within forested areas lacking protection from statutory authorities. It emphasized that the city already has an abundance of religious structures and advocated for preserving forest lands for restoration purposes.

A division bench consisting of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora commented that while monuments certified by the Archaeological Survey of India (ASI) or the National Monuments Authority deserve protection, unauthorized constructions cannot be afforded any protection.

The bench further emphasized that aside from monuments certified by relevant authorities as protected, no other construction within forest lands can be authorized.

The court was addressing a plea filed by Himanshu Damle and another individual, requesting protection for ancient monuments, notably the Ashiq Allah Dargah in Mehrauli, from demolition. They argued that the Dargah was at risk of being demolished, hence requiring urgent safeguarding.

Upon reviewing the petition, the bench referenced photographs depicting a certain structure and noted that it appeared to be a recent construction. They pointed out that the use of colorful tiles, which had not been present in the city for at least the past decade, indicated that the construction was recent.

“Everyone will move out otherwise the whole forest is getting destroyed,” the court said.

The counsel representing the petitioners argued that certain structures, although as old as ancient monuments, lack certification from authorities for protection. They asserted that there is evidence indicating that these structures predate other constructions in the area.

“The problem today is, this will only aid and abet the unauthorised construction. We have seen it in the past and if there is something old which they say is heritage, they will ensure that heritage monuments are not disturbed but no one will stay there. Everyone has to be evicted.”

The counsel representing the Delhi Development Authority (DDA) stated that the green area within Sanjay Van had been entirely encroached upon, leading to the demolition of several structures, including four temples, by the authority.

In response, the counsel for the petitioners asserted that there was no communal agenda involved in the case and that religion was not a factor under consideration.

The court additionally directed the petitioners' counsel to request individuals residing within the forested area or maintaining shrines, temples, or Gurudwaras to vacate the premises. The court emphasized that such action is in the best interest of society as a whole.

“Health is at the highest pedestal. Look at the people who are suffering from lung diseases today in Delhi. Unbelievable. We are such an unhealthy population today, What are you going to leave for…!,”'the court said.

The counsels appearing for DDA and other authorities told court that all the structures declared by any statutory authority as part of the national heritage will be preserved and shall not be destroyed or demolished. It was further submitted that any demolition action will be taken only in accordance with law.

The bench took the statement on record and disposed of the plea.

Title: Himanshu Damle & Anr. v. Delhi Development Authority & Ors.