The Delhi High Court was hearing a PIL alleging unauthorised construction near Hazrat Nizamuddin ki Baoli and the Barakhamba tomb. The Delhi High Court on Tuesday directed the city’s civic authorities, including the Municipal Corporation of Delhi (MCD), to ensure that no further construction takes place in an “unauthorised guest house” located near the protected monuments Hazrat Nizamuddin ki Baoli and the Barakhamba tomb. The high court was hearing a public interest litigation plea moved by the NGO Jamia Arabia Nizamia Welfare Education Society claiming that “illegal and unauthorised construction” was being done at ‘Khasra number 556 Ziyrat guest house near Baoli gate, Hazrat Nizamuddin Dargah near police booth’. A division bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora further directed the deputy commissioner of Central Zone, MCD, to be “personally present” in the high court on the next hearing date, February 7. After the court was told that “construction was still ongoing at the property”, it said, “The respondents are directed to ensure that no further construction is carried out by respondent no. 5 (Ziyrat guest house).” The counsel for the petitioner argued that respondent authorities — Delhi Development Authority (DDA), MCD, Archaeological Survey of India (ASI) and the Delhi Police — have “failed to stop construction” at the guest house which is within 100 metres of “centrally protected monuments” Nizamuddin ki Baoli and Barakhamba Tomb. The counsel argued that the respondent authorities have permitted many illegal and unauthorised guest houses in this area. He further pointed to a status report filed by the station house officer (SHO) of the Hazrat Nizamuddin police station regarding the illegal guest houses in the area on March 7, 2018, on the directions of the high court in a 2017 petition moved by the petitioner. He submitted that as per the status report, Ziyrat guest house has “no certificate of registration from the licensing branch”. He stated that pursuant to the directions of the high court, the property was sealed but subsequently there had been a “brazen resurgence of unauthorized construction activities on the subject property”. He argued that his client had, on November 3, 2023, made a representation to the respondent authorities about such activities; however, the “respondents have failed to take any action”. The counsel appearing for the ASI said the authority had issued a notice on December 11, 2023, to the owner of the property to stop the construction and on January 2, wrote to the local police for the registration of an FIR. Meanwhile, during the hearing, the bench orally asked the authorities, “How can a sealed building be constructed?” After the petitioner’s counsel said that construction was still going on, the bench further orally said that continued construction cannot happen without the consent of the authorities and further orally said, “How can construction carry on without the connivance of police officials? How can they bring material to the area?… How is construction taking place next to a national monument?…You are cracking a joke on all of us.” It further warned the authorities that it may send the matter for investigation to the CBI and orally said, “It seems like a fit case for investigation by CBI.” The plea claims that illegal constructions, especially those near historical sites and protected monuments, “pose threats to the environment, heritage, and cultural significance of the area” and warrant “immediate judicial intervention to preserve and protect these valuable assets”. The plea seeks a direction against the respondent authorities to “fulfill their constitutional obligations and duties” and stop the alleged illegal and unauthorised construction at the guest house.