Ensure no construction takes place in Sanjay Van without DDA, police nod, says Delhi HC

The Delhi high court on Wednesday directed the city police and the Delhi Development Authority (DDA) to ensure that no construction is carried out in Sanjay Van area, a protected forest area in south Delhi, without their permission.

A bench of chief justice DN Patel and justice Prateek Jalan issued the direction while hearing a PIL initiated by the court on its own on July 8 after coming across videos and photos circulated by visitors and joggers on social media of what appeared to be the construction of new ‘mazaars (mausoleums)’ near Mayur Pahadi, a spot inside the forest.

On the last date of hearing, the court had directed the police and the DDA to carry out an aerial drone survey drones and inform it about the number of mazaars in the park and since when they were in existence.

On Wednesday, the police in their affidavit filed through advocate Rahul Mehra, standing counsel of the Delhi government (criminal) and advocate Chaitanya Gosain, said there are 77 mazaars, which are old and no fresh construction of any mazaar was found there.

The police also said, “Structures like a mandir (temple), kabristhan (graveyard), dargah and idgah have been there inside the Sanjay Van since a long time and no fresh construction or encroachment in the shape of any mazaar is going on or has come up in Sanjay Van in the recent past (especially during lockdown period).”

But residents claim that construction has been going on inside the forest. Sandeep Bali, president of Mehrauli residents’ welfare association (RWA), said, “A group of morning walkers shot the videos of the construction activities -- fresh earth was dug up and cement was being used. There have been encroachments within the forest in the past as well. The police on duty there were not allowing walkers to approach the Mayur Pahadi part of the forest.”

“We did a comprehensive survey using drones and did not find any encroachment. On the night of July 21, anti-social elements desecrated the old mazaars. The following day, police were informed about this after which they reconstructed the broken graves in order to avoid any communal tension,” a senior DDA official, privy to the development but did not wish to be named, said.

When Hindustan Times visited the spot last Friday, and again on Tuesday, the site was found guarded by the local police. Although the cemented portions on some of the structures looked like an add-on to the old structure, there was no way to ascertain when these portions were added.

DDA’s horticulture director and the in-charge of the forest Ashok Kumar said, “On July 22, we had written to the deputy commissioner of police about the broken graves. They sent a team to look into the matter. The complaint copy has also been submitted to the high court,” Kumar said.

The matter would be now heard on August 31.