Heritage vs. Modernity: Preserving Old Delhi amidst Urban Development

Delhi, being among the oldest among the inhabited cities in the world, has been the home to several settlements during the course of its history. There are several heritage sites and areas of concentrations which have world heritage value and a unique palimpsest where culture and heritage integrate with public activity. India, owing to its goal of attaining the position of the global leader has been on the path of development with the central goal of claiming the position of a global leader.[1] The role of giving due recognition to the heritage of a place while planning its urban development becomes more prominent, especially in the case of emerging powers like India.[2]

Because of the rich and iconic heritage, lively bazaars and exuberant malls, Delhi presents a dilemma between preserving the cultural heritage and accommodating the development demands of the region before the administration. Several places in Delhi are facing the problem in development because of the ancient planning in the region. Some of such places include Jama Masjid, Chandni Chowk and Shahjahanabad.

Legal Frameworks for Heritage Protection in India

A robust framework is in place in India, which oversees the preservation and maintenance of heritage sites. The Ancient Monuments and Archaeological Sites and Remains Act, 1958 provides for protection of monuments and archaeological sites by imposing restrictions on construction within a specified zone around the protected sites.[3] 

The National Policy for Conservation of the Ancient Monuments, Archaeological Sites, and Remains, 2014 provides for guidelines for conserving heritage properties without compromising urban development. Apart from this, there are several local bye-laws, rules and, mechanisms in place for preservation, such as the Delhi Urban Heritage Foundation and Delhi Master Plan 2041 in case of Delhi.

Despite this, heritage of a certain place is under constant threat of being damaged during the course of urban development. Such examples are not rare and can be seen occurring time and again.

Shahi Hammam at Agra

One such recent issue that hit the headlines was related to preserving the heritage of places while carrying out the development. The recent Order of the Allahabad High Court in a PIL pertaining to the preservation of the Shahi Hammam highlights the gravity of the issue.[4] The heritage structure was being damaged under the cover of development and the High Court ordered the Archaeological Survey of India and Commissioner of Police, Agra to ensure that no further damage is caused to the heritage bath structure of the 17th century.[5] The conflict highlights the universal challenges of heritage preservation amidst rapid urbanization.[6]    

Lessons for Delhi

The Shahi Hammam Dispute at Agra leaves behind an important lesson for the Delhi administration where heritage sites such as the Havelis, mosques and iconic markets face a similar threat of being razed in the guise of urban development. It highlights the stricter implementation of the heritage protection laws and a proactive approach in preserving the vulnerable sites in the urban areas. The western narratives of modernism also emphasise the role played by aesthetics and virtual attributes of the historical forms in modern development. Some of the place which have been the object of litigation in the courts include:

Lal Gumbad Monument at Malviya Nagar

The Delhi High Court instructed the Archaeological Survey of India to prevent illegal encroachment of the area in and around this heritage monument. Several parties were claiming the ownership of the area around the monument and several super-structures were coming up on it.[7] 

Chandni Chowk Redevelopment Project

Balancing the preservation of the historic market with modern features and infrastructure improvements led to disputes between the shop owners, the conservationists, and the urban planners.[8] The Hon’ble High Court observed in this case that the illegal activities that were being carried out in the region be removed immediately because of the inconvenience they were causing to the tourists and the locals of the region.[9]

Challenges in Balancing Heritage and Urban Growth

To ensure a sustainable planning policy, especially in the regions holding heritage importance, it is necessary that the policy is made such that it gives due weightage to the historic architectural heritage.[10] Despite that, the vision of Delhi’s policy makers is limited and focused merely on the heritage itself or, its economic value. Policies fail to recognise how it can be used to contribute to the social aspects of public life. Like most of the national policy documents on heritage, it fails to pay heed to the nexus between heritage and gender, which affects the identity and status of women in Delhi.[11]

One of the core problems that Old Delhi faces is lack of adequate infrastructure and constant encroachment due to rapidly rising population and the commercial activities in the region. Narrow lanes, outdated drainage systems, and overcrowded areas hinder modernization while posing risks to heritage conservation.

Several stakeholders are at constant loggerheads as they are advocating for different concerns. While the preservationists advocate for stricter implementation of heritage protection laws, the developers push for lenience to meet urban housing and development needs. Increased tourism also causes pressure of these heritage sites as it increases wear and tear faced by these monuments. 

Lessons and Recommendations

From these observations, it can easily be drawn that stricter implementation of the heritage preservation laws such as the AMASR is required. It is required that the protection be provided not just to nationally recognised sites but also to the local ones. Harsher penalties than those proposed in the laws can be imposed on any unlawful encroachments in the protected zone. 

Reuse of heritage sites and converting them into Havelis, museums, or cultural centres should be encouraged to ensure their preservation. Haveli Dharampura, which is a UNESCO awarded heritage Haveli is a good example of this. This 200 year old Haveli was revamped and is currently being used as a restaurant.[12] Such a mechanism ensures that these sites are used optimally, while solving the issue of space crunch and giving the customers a taste of heritage at the same time.

Policy measures, such as a Public-Private Partnership is a possible mechanism which can be used to ensure sustainable urban development. Partnerships with private entities for restoration and management of heritage sites is suitable for sustainable commercial use. Tax rebates can also be offered to the owners who play a role in restoration of heritage.

Use of Technology for the management of heritage can be a big step forward as GIS Technology is used to map and document heritage sites while installing IoT-enabled surveillance mechanism to monitor any damage or illegal encroachment at any heritage site. The Telecommunication (Right of Way) Rules, 2024 will play a major role while facilitating such a mechanism.

Conclusion

Balancing heritage and modernity requires a nuanced approach that respects the past while embracing the future. Legal frameworks must evolve to integrate heritage conservation with urban needs, leveraging technology, public participation, and innovative urban planning techniques. Old Delhi, as a microcosm of India’s cultural and historical legacy, can become a model for cities worldwide in achieving this delicate balance.

[1] J.Hosargrahar, Heritage and Modernity in India, 283, 283 in Routledge Handbook of Heritage in Asia (Patrick Daly and Tim Winter, 1st ed., 2012).

[2] G. J. Ashworth, J. E. Tunbridge, The planning, management and marketing of the tourist-historic city, 135, 146, in The Tourist-Historic City: Retrospect and Prospect of Managing the Heritage City (G. J. Ashworth, J. E. Tunbridge, 1st ed., 2000).

[3] S. 20A, The Ancient Monuments and Archaeological Sites and Remains Act, 1958

[4] Allahabad High Court Directs UP Police to Deploy Force to Protect 17th Century Agra 'Hammam', LiveLaw, available at https://livelaw-nludelhi.refread.com/high-court/allahabad-high-court/allahabad-high-court-asi-up-police-protect-17th-century-agra-hammam-279513, last seen on 12/01/2025.

[5] Chandrapal Singh Rana vs. Archaeological Survey of India & Ors., Public Interest Litigation (PIL) No. - 2420 of 2024 (Allahabad High Court, 26/12/2024).

[6] Hemendra Chaturvedi, Citizens take out walk to save Agra’s ‘Shahi Hammam’, Hindustan Times (25/12/2024), https://www.hindustantimes.com/cities/lucknow-news/citizens-take-out-walk-to-save-agra-s-shahi-hammam-101735139433418.html, last seen on 12/01/2025.

[7] High Court Directs ASI to Prevent Alleged Encroachment of Lal Gumbad Monument in Delhi's Malviya Nagar, LiveLaw, available at https://livelaw-nludelhi.refread.com/news-updates/delhi-high-court-directs-asi-prevent-encroachment-of-lal-gumbad-monument-181650?fromIpLogin=13039.073327615202, last seen on 23/01/2025.

[8] Chandani Chowk Sarv Vyapar Mandal v. Govt. Of Nct Of Delhi, 2024 LiveLaw (Del) 1277.

[9] Nupur Thapliyal, 'Shocking State Of Affairs': Delhi High Court Asks Authorities To Remove 'Illegal Activities' At Chandni Chowk Redevelopment Project Area, LiveLaw, available at https://livelaw-nludelhi.refread.com/high-court/delhi-high-court/delhi-high-court-chandni-chowk-redevelopment-project-allegedly-illegal-activities-275992?fromIpLogin=7589.170896620545, last seen on 24/01/2025.

[10] Yamini Narayanan, Quo vadis, Delhi? Urban heritage and gender: towards a sustainable urban future, 20 International Journal of Heritage Studies 488, 488 (2014), available at https://www.tandfonline.com/doi/citedby/10.1080/13527258.2013.771790?scroll=top&needAccess=true, last seen on 24/01/2025.

[11] Ibid.

[12] The Restoration, Haveli Dharampura, available at https://www.havelidharampura.com/restoration-story.html, last seen on 25/01/2025.