Uday Umesh Lalit, J. - (1.) This contempt petition, inter alia, seeks initiation of action against the Respondents for alleged violation of the judgment and order dated 16.01.2012 passed by this Court in Civil Appeal No.2431 of 2006 ('the Judgment', for short) and also seeks orders directing Respondent Nos.4 and 5 to demolish the structure raised by them.
(2.) While dealing with an ancient monument popularly known as Jantar Mantar in New Delhi, it was observed by this Court in the Judgment:- "7. Jantar Mantar, New Delhi is one of the five unique observatories built between 1699 and 1743 by Maharaja Jai Singh (II) of Jaipur, who was a great Mathematician and Astronomer. The other observatories are at Jaipur, Ujjain, Varanasi and Mathura. Jantar Mantar, New Delhi, like other observatories has several instruments that can graph the path of the astronomical universe. There is a colossal Samrat Yantra at the periphery of Jantar Mantar. To the South of Samrat Yantra, there is an amazing instrument called Jai Prakash, which has two concave hemispherical structures used for determining the position of the Sun and celestial bodies. The other important yantras are Misra Yantra, Daksinovartti Bhitti Yantra, Karka Rasivalaya, Niyat Cakra, Rama Yantra, Brhat Samrat and Sasthamsa Yantra. Unfortunately, some of these yantras have been rendered unworkable or have become non-functional. One of the main reasons for this is the construction of multistoried structures which have come up in the vicinity of Jantar Mantar in the last 25 to 30 years."
(3.) In exercise of power conferred by Section 3(1) of the Ancient Monuments Preservation Act, 1904 (7 of 1904), the Central Government had issued Notification dated 04.10.1956 which was published in the Gazette of India dated 13.10.1956, declaring Jantar Mantar, New Delhi to be a "protected monument.";