SHIV DARSHAN SINGH versus RAKESH TIWARI, DIRECTOR GENERAL, ARCHAEOLOGICAL SURVEY OF INDIA (ASI) & ORS.

SHIV DARSHAN SINGH versus RAKESH TIWARI, DIRECTOR GENERAL, ARCHAEOLOGICAL SURVEY OF INDIA (ASI) & ORS.

There was no violation of the Supreme Court's order, as no vertical or horizontal expansion of the structure occurred after the previous adjudication. Finishing works were carried out pursuant to permissions which were later revoked. There were no specific Supreme Court directions mandating demolition of the existing structure as on the date of judgment. The alleged contempt was therefore not established.

Parties
Petitioner: Shiv Darshan Singh; Respondents: Rakesh Tiwari, Director General, Archaeological Survey of India (ASI) & Ors.; Respondent No.2: NDMC; Respondents: Narender Anand (Builder, Respondents 4 & 5)
Jurisdiction
India
Judgment Date
09 July 2019
Procedural Posture
Contempt Petition (civil) No. 697 of 2017 in Civil Appeal No. 2431 of 2006 / Final Order on Contempt Petition
Outcome
Contempt Petition dismissed (closed); no contempt made out.
Legal Topics
Civil Contempt, Regulation of Construction Near Protected Monuments, Enforcement of Supreme Court Orders
Contempt of Court Heritage and Monuments Law Administrative Law Civil Contempt Regulation of Construction Near Protected Monuments Enforcement of Supreme Court Orders

Case Brief

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Parties

Shiv Darshan Singh

Petitioner

Rakesh Tiwari, Director General, Archaeological Survey of India (ASI) & Ors.

Respondents

NDMC

Respondent No.2

Narender Anand (Builder, Respondents 4 & 5)

Respondents

Procedural Posture

Contempt Petition (civil) No. 697 of 2017 in Civil Appeal No. 2431 of 2006 / Final Order on Contempt Petition

Legal Issues

  1. 1 Whether the respondents violated the Supreme Court's order dated 16.01.2012 regarding construction within 100 metres of Jantar Mantar, a protected monument under the Ancient Monuments and Archaeological Sites and Remains Act, 1958.

Ratio Decidendi

There was no violation of the Supreme Court's order, as no vertical or horizontal expansion of the structure occurred after the previous adjudication. Finishing works were carried out pursuant to permissions which were later revoked. There were no specific Supreme Court directions mandating demolition of the existing structure as on the date of judgment. The alleged contempt was therefore not established.

Court Disposition

Contempt Petition dismissed (closed); no contempt made out.

Orders

  • Contempt Petition is closed; no further directions.
  • High Court requested to dispose of all pending related matters expeditiously and preferably within six months in light of Supreme Court's judgment.