Supreme Court Signals Intention To Monitor Protection Of Neglected Heritage Sites In Delhi

The Supreme Court recently expressed its intention to monitor the maintenance and upkeep of Delhi's heritage archaeological sites, which have suffered neglect from the authorities.The Court was hearing a matter concerning the illegal encroachment on the Lodhi-era Shaikh Ali 'Gumti', a 500-year-old tomb of archaeological importance. The Gumti was illegally occupied by the Defence Colony Welfare Association (DCWA), Delhi, and where the Municipal Corporation of Delhi(MCD) operated an unauthorised office and parking. Last year, the Supreme Court passed a series orders for the removal of illegal encroachment and has also been monitoring the restoration of the monument.When the matter was taken up on January 13, a bench comprising Justice Ahsanuddin Amanullah and Justice NK Singh recorded that the restoration of Gumti had been dealt with in the "right spirit" by the stakeholders. It accorded approval to the final draft for the restoration, which would require four months for implementation.The Court was then informed that the petitioner Rajeev Suri has filed an application expanding the scope of the present litigation to include such other sites in Delhi which are under the statutory authorities, such as Archealogical Survey of India, but where proper attention has not been bestowed for their upkeep. As per the application, Delhi's conservation of heritage sites has been "ad hoc and cherry picking". The application states that a large number of heritage monuments languish without protection and preservation. The petitioner has prayed that the authorities must conduct a time-bound survey on the current status of the properties, as the current list is over a decade old. Senior Advocate and Court-appointed Commissioner Gopal Shankarnarayan, along with Senior Advocate Shikhil Shiv Suri (for the petitioner), presented the application. Reading the application, Suri mentioned that ASI has 174 heritage sites, Government of NCT has 554 such sites. These numbers are based on the notifications issued by these respective authorities. MCD has 767 sites, Central Public Works Department(CPWD) has around 20 such sites under its controIThe Court noted that there is an absence of up-to-date information about such sites, and therefore deemed it appropriate to implead the Delhi Development Authority, New Delhi Municipal Council, Delhi Cantonment Board and the CPWD as parties. Notices have been issued to the newly impleaded respondents.BackgroundSeveral orders since January 21, 2025 have been passed by the Court to the DCWA to hand over possession of Gomti to the Land & Development Office, Ministry of Urban Affairs, Government of India (L&DO). The Court also directed the MCD to vacate the illegally occupied office and parking. It had also imposed a cost of Rs. 40 lacs on DCWA to be used for the restoration of the monument.On May 14, the bench was informed that the DCWA has handed peaceful possession of the Gomti to L&DO. However, the MCD handed over the illegally occupied premises with garbage littered around the area and half-broken walls around it and no electricity. On July 23, the MCD was ordered to remove everything lying at the site, and all necessary reports shall be filed.Pursuant to this, the Court on July 30 ordered the MCD to maintain the park in the Gumti in its original form. 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, 2024, a bench of Justices Sudhanshu Dhulia and Ahsanuddin Amanullah 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.Case Details: RAJEEV SURI v ARCHAEOLOGICAL SURVEY OF INDIA AND ORS.|SLP(C) No. 12213/2019Click Here To Read OrderAppearances: Senior Advocate Shikhil Shiv Suri (for petitioner) Gopal Shankarnarayan (Court Commissioner)

Supreme Court Signals Intention To Monitor Protection Of Neglected Heritage Sites In Delhi

Gursimran Kaur Bakshi

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