‘You've been playing football': Delhi High Court raps ASI and MCD over repair of school adjoining Tomb of Yusuf Qattal
The Delhi High Court on Wednesday warned of contempt proceedings against officials of the Municipal Corporation of Delhi and the Archaeological Survey of India (ASI) over their indecision related to the reconstruction of a school in Khirki village despite the court's directions a year ago.
A bench of Chief Justice D K Upadhyaya and Justice Tushar Rao Gedela directed the two authorities to convene a meeting and accord permission for the reconstruction/repair of the school in a fortnight.
The MCD primary school, constructed in 1949, shared a wall with the ASI-protected monument of the Tomb of Yusuf Qattal in Khirki. The Khirki Village Resident Welfare Association wrote to the local councillor in 2009 requesting the reconstruction of the school.
The deputy education officer of the capital branch approved the request in January 2010. A tender for the work was issued in 2012 and the school was demolished, with a foundation stone for its reconstruction laid in 2013. More than 350 students were shifted at the time to another MCD school at Savitri Nagar, 2 km away.
However, the ASI subsequently stopped the reconstruction stating that no-objection certificates were required. The MCD then wrote to the ASI seeking its permission, in October 2020 and 2021.
In May 2024, the high court directed the 'competent authority' to decide the MCD's applications 'in accordance with law as expeditiously as possible, preferably within six weeks'.
On Wednesday, the ASI accused the MCD of 'callousness', informing the court that it had been repeatedly writing to the civic body asking for requisite documents but had not received them.
The MCD, on the other hand, submitted that the ASI had not taken any decision despite cooperation from the civic body, adding that permission for reconstruction should be accorded as it was a question of 350 students.
Justice Gedela proposed that senior officials from the two authorities meet and resolve the issue, orally remarking, 'You people have been playing football…give us a date and time.'
Meanwhile, the bench recorded in its order, 'Since the order was passed (in May 2024), a period of a year has elapsed. However, the decision by the court has yet to see the light of the day…. We gather an impression that the authorities—both ASI and MCD—[do] not appear to be serious in getting the sanction for construction/repair of the school being run by the MCD.'
'We are astonished that an order passed by this court, which was to be complied in 6 weeks, has taken about a year and still remains to be complied with…risking initiation of contempt proceedings… Such a situation cannot be approved by the court..,' the order read.
The two authorities informed the court that their senior officials would convene a joint meeting at 11.30 am on May 6, adding that Anil Kumar Tiwari, regional director of the ASI's north zone; and Anita Nautiyal, from the MCD's education department, would attend it.
The court went on to state, 'We hope and trust the issues will be sorted out at the earliest, say within a fortnight, and requisite permission shall be accorded by the next two weeks. In case the court finds any lacuna in ensuring compliance of court order, the officers named above shall be held responsible.'
The court has now listed the matter for consideration on May 28.
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