Supreme Court Directs Delhi's Defence Colony Welfare Association To Vacate Illegal Possession Of Lodhi-Era Tomb

The Supreme Court today(January 21) came down heavily on the Defence Colony Welfare Association (DCWA), Delhi, for its illegal encroachment of the Lodhi-era Shaikh Ali 'Gumti', a 500-year-old tomb of archaeological importance. The Court has ordered the DCWA to handover the peaceful possession of Gumti within 2 weeks. It added that in the process of evacuation, no further damage should be done to the Gumti and the Municipal Corporation of Delhi (MCD) is responsible for removing any other encroachment if done. A Court Commissioner has accordingly been appointed by the Court to supervise the handing over of the monument from DCWA to the Land &Development Office, Ministry of Housing and Urban Affairs, Govt. of India (L&DO), the original owner of the building. In 1962, the land where the Gumti is situated was handed over to MCD for its maintenance. 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 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 Court had sought the report within 6 weeks, which was the subject matter of the hearing today.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 unauthorized occupation of DCWA. The enquiry revealed that the ownership is with the L&DO but the DCWA has been illegally occupying it since 1963.At the outset, when the hearing took place, the Court lauded the efforts of Ms.Swapna, who appeared in person, for submitting an extensive report on the Gomti. It should be noted that Ms. Swapna took this pro bono and refused to take Rs.1 lac given by the Court as a token for the efforts put into carrying out the survey. On being inquired by the Court about the possibility of complete restoration of the monument, Ms. Swapna answered in the affirmative. Based on this, the Court directed the Archaeological Department for the NCT Delhi to prepare a report on its restoration and submit it within 3 weeks. It is to study how much expense will be incurred for its restoration. Although the Court wanted to give responsibility for the restoration to the ASI, it was noted that the Gumti was declared as heritage under the State's notification. 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) Citation : 2025 LiveLaw (SC) 145Click Here To Read/Download Order

Supreme Court Directs Delhi's Defence Colony Welfare Association To Vacate Illegal Possession Of Lodhi-Era Tomb

Gursimran Kaur Bakshi

The tomb, which was under the illegal occupation of the Association since 1963, has been directed to be restored by the Delhi Archaeological Dept.

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