"There is complete violation of Supreme Court order. You (ASI) could not protect the fort? The position in 1993 was very different from today's position," a bench of justices Badar Durrez Ahmed and Ashutosh Kumar said.
The observation was made after Delhi government placed before the court an advance copy of the demarcation of Tughlaqabad village, adjoining the fort, carried out by relying on aerial survey maps of 1993.
The government, represented by additional standing counsel Naushad Ahmed Khan, said on ground, demarcation remained to be carried out and for that police protection was required.
Pursuant to this submission, the court directed Delhi Police to provide all necessary protection to the officials carrying out the demarcation exercise so that it can be completed in two weeks.
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With the direction, the bench listed the matter for hearing on February 15. It was hearing a PIL to protect, maintain and preserve the historic fort, an issue which the apex court had directed the Delhi High Court to monitor.
On the last date of hearing, the court had told ASI that it has to inform the police station concerned and the sub divisional magistrate of Kalkaji whether there was any unauthorised construction inside the fort.
The apex court in February 2016 had declared the entire Tughlaqabad Fort as protected and directed ASI not to allow any land grabbing or encroachment there.