NEW DELHI: Delhi High Court has directed authorities to carry out a comprehensive survey of all buildings located near the city’s heritage sites to verify whether existing and ongoing constructions comply with the norms.
A bench of Chief Justice DK Upadhyaya and Justice Tejas Karia recently asked Municipal Corporation of Delhi (MCD) to conduct the survey while hearing a batch of petitions flagging alleged violations around heritage structures across the Capital.
The court said the petitions raised serious concerns about preserving the character and integrity of heritage properties and that constructions carried out in close proximity to such heritage sites often tended to alter their visual and structural character and, in several cases, resulted in defacement of heritage buildings.
The petitioners alleged that while approving building plans, MCD often overlooked mandatory bye-laws and recommendations issued by the Heritage Conservation Committee (HCC). They said occupants and developers near heritage sites routinely deviated from sanctioned plans, causing irreversible damage to heritage precincts.
Taking note of the submissions, the high court directed that a physical survey be conducted of all buildings located near heritage properties in areas such as Mehrauli and Hauz Khas.
It clarified that the purpose of the survey is to determine whether constructions are strictly in accordance with sanctioned plans and applicable norms.
To ensure proper oversight, HC directed that the MCD survey team include a representative of the Heritage Conservation Committee, to be nominated by the panel’s chairperson.
The court said separate survey reports for each heritage property must be prepared and filed, with copies shared with petitioners’ counsel, granting them liberty to file their responses, if any, to the findings of the survey before the next date of hearing.
Clarifying the scope of the directions, the court said the expression “heritage building/structure/properties” used in the order shall be understood to mean only those properties which were enlisted in the relevant heritage notifications. It directed that the survey exercise must be completed within three months. The petitions will be heard in May.
