HC asks ASI to recall notices issued to Swamy, family members

"In the circumstances, the only direction which can be passed at the moment is to order ASI to recall impugned notices and issue a fresh notice giving details and discussing the issues raised by petitioners (Swami and his family members) within two weeks," Justice Rajiv Shakdher said.

The court disposed of the plea filed by Swamy, his lawyer wife Roxna Swamy and their two daughters seeking quashing of seven show cause notices issued by the ASI alleging that they have violated a provision of the Ancient Monuments and Archaeological Sites and Remains Rules by raising an illegal structure in their house.

The ASI also maintained that the house, jointly owned by Roxna Swamy and her two daughters, was within 28 metres of 'Arab Ki Sarai', a protected ancient monument, at Nizamuddin area here.

The court said that instead of issuing a show cause notice, a demolition order was passed without giving Swamy and others an opportunity to reply.

Asking ASI to serve a fresh notice, it said, "the petitioners shall be at liberty to file their reply within four weeks thereafter. The Respondent shall make available all relevant documents, relied upon, to the petitioners. The respondent shall also give them the opportunity to have a personal hearing."

It also asked the ASI not to take any "precipitate" action even if it reaches an adverse finding and allow Swamy and others to avail other available recourses.

During the hearing, Roxna said she and her two daughters had purchased a plot, measuring 200 square yards, at Nizamuddin in 1997 and had made an application, in 2009, with the ASI seeking its NOC for some construction in the building.

The ASI, however, rejected the plea on November 17, 2009 saying it was within 28 meters Arab Ki Sarai, which forms part of the prohibited area.

She also cited various letters and said that their plea, sent on May 16, 2011, for grant of permission for undertaking renovation was still "unanswered and pending".

In the meantime, the ASI, which had first served a notice to Swamy, later on December 15 issued show cause notices to Roxna and her two daughters, the petition said.

A reply to ASI was given saying that the notice lacked details of alleged unauthorised constructions, it said, adding that they were also not heard.

Later, the ASI, on December 27, served three demolition notices to joint owners of the property to "remove the said unauthorised construction within 15 days of receipt of this notice failing which the same will be removed at your cost", the petition said.