Sneaky Swamy: Builds new unauthorised floor on old home; violates ASI, SC rules

Prashun Bhaumik |

The great crusader Subramnaian Swamy has been caught on the wrong foot. The above pictures show how an additional floor has been added to his home in Nizamuddin in gross violation of all rules and laws as it falls barely within 30 metres from the Humayun Tomb enclosure.

By Imtiaz Akhtar

Inveterate crusader Subramanian Swamy, in the habit of dragging people to court, seems to have failed to hold a mirror to himself. The Janata Party president’s home-cum-office at A77 Nizamuddin East is under the scanner for gross violation of building laws for having built an additional floor without approval from the concerned authorities. The property is registered in his wife Roxna and daughter Gitanjali’s name.

But Swamy in his inimitable style of taking recourse to semantics denied having anything to do with the property. He told Current, “I don’t own the property, it’s not my concern. I only live here. Please get your facts right.” He would not answer any other question. His wife Roxna too refused to answer any questions saying she was too busy with the 2G case. Obviuosly the husband-wife duo are busy with matters of far greater import to pay heed to such indiscretions on their part at home.

And now for the facts: The Archaeological Survey of India (ASI) has filed a FIR with the Nizamuddin Police station against the “illegal” construction at A77 which not only violates the ASI Act that prohibits not only construction but also regulates repair work or re-construction of any property within 100 metres of a protected monument. The Swamys home at A77 is 28 metres from the Arab ki Serai (as measured by the ASI) which is part of the world heritage Humayun’s Tomb. In fact the Supreme Court too in a judgement only last month upheld the absolute ban regarding any construction activity within 100 metres from the outer wall of any protected monument for any private purpose. [Supreme Court’s order in Archeological Survey of India vs. Narendra Anand and others (civil appeal no. 2430 of 2006 with 2431 of 2006) decided on 16-01-2012)].

The Swamys, both lawyers, were well aware of the law and so in 2009 they (Gitanjali Swami and Roxna Swami) applied for a No Objection Certificate (NOC) from the ASI for repair/re-construction of the building. The ASI in a letter dated 16-11-2009 (letter no. 12/239/2009- NOC 7153) refused sanction on the grounds that since the house is located at a distance of 28 metres from Arab ki Sarai and falls within the protected 100 metres restriction. On 8-12-2010 the Swami’s (Roxna and Gitanjali) again wrote another letter to the ASI seeking permission for repair work. Once again the ASI refused to sanction the NOC stating that they must refer to the previous letter dated 16-11-2009 on the reasons why they cannot be granted a NOC.

Vijay Singh, who is the competent authority to grant the NOC under the Act (The Ancient Monument and Archeological Sites and Remains (Amendment and Validation) Act, 2010 was categorical when he said “No NOC has been issued from our office for construction/repair at plot no A-77, Nizamuddin-East, the house owned by Gitanjali Swami and Roxna Swami.” He further points out that since Nizamuddin East is a planned colony no construction can take place at all without requisite permission.

But then the Swamys clearly were in no mood to heed the laws of the land. So they started to build a whole new floor which has made the building four storeyed – ie ground plus three floors. And now it is the only buliding in the whole row (A-73 to A-88) which is ground +3 floors. In the oppossite row (except A-45) all buildings too are ground +2. Though Subramanian Swamy claims no concern with A-77, on the left hand side of the main entry to the building, his name and address are etched on a stone plaque engraved into the wall. The other side announces the Naveen Hindustan Foundation.

As per the Ancient Monuments and Archaeological Sites and Remains (Amendment & Validation) Act 2010, all construction within 100 metres of a protected monument is banned. There are also several restrictions on repair/construction for properties within the regulated area. In fact on January 18, 2012 the Supreme Court has ruled that no construction activities are to be allowed within 100 metres of protected monuments under the Ancient Monuments and Archaeological Sites and Remains Act 2010 in the country.

It was in early February that a complaint was received at the offices of Current about the construction going on at A77 along with photographs clearly showing the third floor being in the process of completion and the terrace wall still being built. (See pictures) Current immediately dispatched letters to all concerned authorities including Subramanian Swamy by registered post. The Director-General of ASI Gautam Sengupta was quick to reply and direct his officers to investigate the matter. We did not hear from them. Swamy too chose to ignore the letter asking him to clarify the facts. The Police Commissioner BK Gupta’s office merely acknowledged the letter. The MCD Commissioner KS Mehra did not even acknowledge receipt.

The SHO, Nizamuddin, Sunil Kumar Sharma on being contacted said, “Police cannot take any action unless specifically asked by the ASI or MCD,” a point contested by lawyer Gauranga Kanth (also counsel for MCD) who said, “The police and ASI can take suo moto action to stop violation of the law in such cases. The ASI, police and MCD must cooperate in such cases rather than just pass the buck.” On the legality of the third floor that has recently come up at A-77, the lawyer said, “In all probability it is a case of illegal construction.”

The Superintending Archeologist (Delhi Circle), KK Mohammed on being contacted on Friday informed that “A FIR was lodged with the Nizamuddin police station against the owners of plot no A-77 for construction in a prohibited area.” He said the FIR was lodged two days ago but did not give any details. The ASI Delhi circle chief also said that the next step would be to serve a notice to the owners and also inform the MCD for necessary action. SK Dogra, ASI official acting in charge of Humayun’s Tomb said a copy of the FIR had been sent to the ASI headquarters along with a report for necessary action. But Mohammed admitted that it was Current that brought the violation to the ASI’s notice or else they would be blissfully unaware.

The MCD too fared no better even though they have now issued a show cause notice to the owners of A77 on the construction of the third floor. The MCD has asked the owners to rectify the construction immediately or else the MCD would have no option but to take steps within a week. It was only at the instance of Current that the junior engineer of Municipal Corporation of Delhi, Delhi Gate, MC Meena was dispatched to inspect the house at A-77, Nizamuddin East by his superiors. But when contacted later Meena said “I could not make out whether or not any construction activity has taken place. I did not enter the house as I was not authorized to do so.” On being asked if the additional floor raised was in violation of the law? He said, “I do not know whether the third floor that has come up is legal or illegal, you please ask higher officials.” BK Shah, assistant engineer, did not take calls despite our best efforts although he had asked us to get back once the inspection was over. The personal secretary to MCD Commissioner, SS Chauhan after hearing the case, refused to put us through on the pretext that Chuahan was busy in a meeting with the Commissioner. He did not bother to get back. District Commissioner, MCD (city zone), Subhas Chandra despite having receiving a letter from us did not respond.

Prof Menon, conservationist architect, who has been working for the past 25 years with INTACH (Indian National Trust for Arts and Cultural Heritage), a consulting body of ASI under section 20 (E) (1) of the Act, in matters relating to protection and preservation of ancient monuments, on hearing about the ongoing construction activities within the protected area such as the Humayun’s Tomb in Nizamuddin said, “There is a law and the same is not being implemented. What are the guardians doing?”

A member of the Nizamuddin East Residents’ Association who refused to disclose his name said, “All these illegal construction activities are going on with the active connivance of the police with contractors.” Some of the senior office bearers of the association however refused to go on record or comment on the matter.

Supreme Court lawyer and activist Prashant Bhushan when asked about such illegal constructions going on in Nizamuddim said if A77 has flouted ASI rules and Supreme Court directives then it was grossly wrong on the part of the owners to undertake such construction activities. “If the ASI says that it is in violation of the law then the construction as it appears prima facie should not have been carried out,” Bhusan said.