The Delhi High Court is hearing a petition on the legality of an experts committee set up by the Archaeological Survey of India (ASI) three years ago for the renovation or sanction of buildings within a 100-metre range of protected monuments.

The panel, headed by the ASI’s Director General with several experts, was formed to hear and decide on a case-to-case basis, requests for construction in “prohibited” and “regulated” areas, coming up within 100 and 200 metres respectively, from protected heritage sites.

The court was petitioned by Supreme Court lawyer, Gaurang Kanth, who challenged the legality of the sanction given to a building coming up within 88 metres of the Humayun’s Tomb in Nizamuddin East. A Division Bench of the court had on August 28 lifted a stay on the construction of the property.

“The court should look into the question as to why the ASI panel is allowing construction within 100 metres in violation of their own law. The archaeological body has violated the very object of its creation, that is preservation of ancient monuments,” said Kanth.

Interestingly, Kanth faced rough waters when the ASI responded that Kanth himself was living within 100 metres of the protected monument. The lawyer reportedly went on record saying he was ready to vacate the premises and face the prospect of demolition of his own property.

“I’m willing to challenge the ASI panel’s irregularities even at the cost of losing my own property. I want the court to decide why the ASI allowed such a committee to be formed when the law is clear that no sanction is to be accorded for construction within 100 metres of a protected monument,” Kanth said. Interestingly, in July 2004, the High Court had, in a judgment on a petition seeking permission to construct within 100 metres of the Jantar Mantar, asked the ASI to relax the ban on construction within 100 metres. But the ASI at that time had appealed to the Supreme Court and got a stay.

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