The Delhi High Court was today informed that a church in Christian Colony here is not a protected ancient monument and so police have no authority either to stop or allow any illegal construction.
The submission by Deputy Commissioner of Police, North Delhi, was made before a bench of Chief Justice G Rohini and Justice Jayant Nath, who also said that there is no complaint of illegal construction in that area and the law and order is peaceful.
It also said no such complaint has been left unattended.
"The averments made is wrong and misconceived as the church is not protected under Ancient Monument and Archaeological Site and Remains Act, 1958.
"Furthermore, the respondent (police) cannot allow or stop the construction, the police can only intimate the authorities concerned if any construction takes place," Deputy Commissioner of Police said in its affidavit filed by its standing counsel Santosh Kumar Tripathi.
It further said that whenever the department concerned needs assistance of police in its drive, they provide the same to maintain the law and order.
The police's response came in the backdrop of a PIL filed by Utsav Kumar, a former Delhi University student, who said that though the Christian colony has been declared as a monument and protected under the Ancient Sites and Remains Act, all kinds of construction and repair work are rampant in the area.
He also alleged that despite the court's direction prohibiting unauthorised construction in the area, fresh illegal construction was being carried out and no action has been taken by the authorities.
He said that the authorities have admitted there were around 205 unauthorised constructions in the area but they have not taken any action against such structures.
He alleged that the protected monument was also being used for breeding and sale of puppies.
