The effort to survey and remove encroachments from the historic Tughlaqabad Fort in New Delhi continues to face obstacles, despite monitoring by the Delhi High Court and even the Supreme Court. On Tuesday, the High Court expressed surprise upon learning that the Indian Institute of Technology Delhi (IIT-Delhi) plans to issue a tender for the survey work, potentially engaging a private entity. This move comes after the Supreme Court in April halted a previous attempt to outsource the survey to a private firm.
Court Proceedings and Concerns
The counsel for the Archaeological Survey of India (ASI) informed a bench of Chief Justice D K Upadhyaya and Justice Tejas Karia that IIT-Delhi may not have in-house expertise for such work. The bench advised ASI to apprise the Supreme Court of this development, noting that floating a tender could contradict the apex court's order. The Supreme Court had earlier criticized the outsourcing of the project, describing it as "bureaucratic red-tapism."
Background of the Survey
Last year, the Delhi High Court appointed a high-powered committee to oversee the survey of Tughlaqabad Fort. The committee includes representatives from the Union housing and urban affairs ministry, the urban development department, the Municipal Corporation of Delhi (MCD), police, the state government, ASI, and the Delhi Development Authority (DDA). The court had directed the committee to conduct the survey and devise a joint policy for removing encroachments and rehabilitating displaced persons.
In October last year, the High Court described Tughlaqabad Fort as a monument of national importance that must remain free of encroachment. The court set up the committee to take necessary steps. However, in March this year, the committee decided to hire a private agency for the survey, a move that was stayed by the Supreme Court in April.
Supreme Court's Intervention
A Supreme Court bench of Justices Ahsanuddin Amanullah and N K Singh questioned why ASI could not conduct the survey using its own officials. The court remarked that departmental heads cannot "abdicate their responsibility and outsource matters which can be totally done in-house." To streamline the process, the Supreme Court modified the High Court order and handed over the project to IIT-Delhi and the School of Planning and Architecture (SPA). The court directed the committee members and police to coordinate with these institutes.
Now, with IIT-Delhi signaling that it may outsource the survey work, the Delhi High Court has directed ASI to inform the Supreme Court. The apex court is already monitoring the conservation status of 173 notified heritage sites in Delhi, where it has also appointed an amicus curiae.
The ongoing delays highlight the challenges in preserving historical monuments amid bureaucratic hurdles. The High Court continues to review progress in the matter.
