Supreme Court Directs Delhi Municipal Corporation To Vacate Office In Lodhi-Era Tomb Immediately

Pursuant to Supreme Court's January 21 order by which the Defence Colony Welfare Association (DCWA), Delhi, handed over the peaceful possession of Lodhi-era Shaikh Ali 'Gumti', a 500-year-old tomb of archaeological importance, to the Land & Development Office, Ministry of Urban Affairs, Government of India (L&DO), the Court on May 14 passed an order directing Municipal Corporation of Delhi (MCD) to immediately vacate its unauthorised office and hand its possession to the L&DO immediately.While DCWA has been accused of illegal encroachment of the Gomti for 60 years for which the Court has imposed 40 lacs as compensation, MCD has been operating illegal parking and its office in the peripheral land surrounding the monument. On April 8, a bench of Justice Sudhanshu Dhulia and Ahsanuddin Amanullah had ordered that all encroachments, including the office of the MCD, should be handed over within 2 weeks. However, on May 14, it was informed that the MCD has yet to hand over the possession. Therefore, the Court ordered handing over the possession by today, May 15. Subsequent to this, the Court has directed that the same shall be handed over to the Department of Archaeology, Government of NCT of Delhi, for the purpose of restoration and conservation.The Court has also directed that a small tilted wall which blocks the view of the heritage building from the main entry point shall be removed by the Department of Archaeology. The matter will be heard again on May 16.The order was passed in a petition filed by one Rajeev Suri, a resident of the Defence Colony, seeking protection of the Gumti under the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (AMASR Act).In August 2024, the Court directed the Central Bureau of Investigation (CBI) to initiate a preliminary enquiry into why the Archaeological Survey of India(ASI) and the Central Government had refused to protect it. Pursuant to which, a report was submitted which revealed that the DCWA not only illegally occupied it but also made unauthorised alterations.On November 14, last year, a bench appointed an expert, Ms Swapna Liddle, ex-convener of (INTACH) (Delhi Chapter of Indian National Trust for Art and Cultural Heritage) and author of several books on the history of Delhi, to survey and inspect the building and ascertain the damage which has been caused and to what extent the building can be restored, and in what manner it can be done.The CBI enquiry disclosed that the DCWA has been using the Gumti as its Office for approximately the last sixty years. It listed the various alterations made to the structure, such as conversion of openings, installation of electricity and water meters, MTNL cables, wooden cabinets, false ceiling, construction of a washroom and parking shed etc.The L&DO informed the CBI that they have never allotted this Gumti of Shaikh Ali to any persons/any organisation and that the Gumti of Shaikh Ali is under the unauthorised occupation of DCWA. The enquiry revealed that the ownership is with the L&DO but the DCWA has been illegally occupying it since 1963.Case Details: Rajeev Suri v. Archaeological Survey of India & Ors., Special Leave to Appeal (C) No.12213/2019Appearances: Senior Advocate Shikhil Shiv Suri (for petitioner), ASG Aishwarya Bhati (for ASI), Gopal Shankarnarayan (Court Commissioner)Click Here to Read Order

Supreme Court Directs Delhi Municipal Corporation To Vacate Office In Lodhi-Era Tomb Immediately

Gursimran Kaur Bakshi

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