Supreme Court Expresses Surprise At Delhi Heritage Sites Being Leased To Private Parties; Directs Police To Ensure Monuments' Protection

The Supreme Court recently expressed shock over historical and heritage structures in Delhi being handed over to private entities such as the Delhi Golf Club and the Panchsheel School, and observed that several such monuments appeared to have been “totally neglected”, despite prohibitory orders and preservation obligations.A bench of Justices Ahsanuddin Amanullah and N Kotiswar Singh passed stringent directions to the Delhi Police to ensure protection of monuments and warned that local SHOs could face suspension if encroachments, vandalism or theft at heritage sites continued unchecked.The Court was hearing the long-pending matter concerning preservation of heritage structures in Delhi. During the hearing, the bench considered a report submitted by historian Dr. Swapna Liddle pursuant to an earlier order dated April 13, 2026. The report flagged rampant encroachment, pilferage and damage to ancient structures, supported by photographs placed on record.It may be recalled that this matter started from orders passed to restore the Lodhi-era Gumti and then the Court expanded the scope to include all such neglected monuments of importance. During the proceedings, it appointed Court Commissioner Senior Advocate Gopal Sankaranarayanan and Dr 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 the Gumti.Last month, Sankaranarayanan had given a list of monuments and the agency responsible for maintaining them. Pursuant to this, the Court had asked Liddle to point out five issues that need immediate attention of the bench.On May 4, after perusing the report submitted Dr.Liddle enclosed with photographs, the bench found that despite there being prohibitory orders concerning some ancient structures, there continues to be pilferage and damage to the structures, along with rampant encroachment. For instance, there are certain ancient monuments under the New Delhi Municipal Council(NDMC) that have been leased to the Delhi Golf Club(DGC).It expressed surprise that such monuments have been given to private entities on lease. Justice Amanullah questioned what the concerned police station in that jurisdiction is doing. "Artefacts have been taken away...SHOs will be personally held responsible for ensuring that no further pilferage is caused. All those jhalars of 300-400 years have been removed! What is your police station doing? They must be conniving with it. It must be forming the structure of some officer's personal house."From the photographs attached, the Court found that DGC has completely neglected maintaining those structures."Still the NDMC has chosen to turn a blind eye by not maintaining vigilance or supervision to ensure that the lessee, i.e., the Delhi Golf Club, discharges its obligation to fully maintain the structures. We find such conduct to be a case of gross negligence and abdication, also reflecting casualness."In light of this finding, the Court has ordered the Commissioner of Police to instruct all local SHOs of the area that those structures which are either protected or fall within the category of heritage places of historical importance to be protected from all respects, including encroachment, theft, mutilation and vandalisation.It said that any failure or dereliction of duty would lead to suspension of the SHO concerned. Moreover, the Commissioner of Police and DCP of the concerned area would be personally liable to ensure compliance. "If we find that this order is not complied with or any Officer is shielded, the Commissioner of Police as also the Deputy Commissioner of Police shall be personally liable for appropriate action by this Court." The Court has also directed the Chairperson of NDMC to be physically present in the Court on the next hearing to explain why he has not maintained his supervision with regard to ensuring that whatever structures have been leased out to any person or body comply with the requirement of maintaining them in good condition.Lastly, the Court has called upon the NCT Delhi to explain under what circumstances the Kharbooze ka Gumbad in Sheikh Sarai of 1397 was settled in a private school, i.e, Panchsheel Public School in Sadhana Enclave. It has also asked what conditions were imposed for the proper preservation/maintenance of such a structure. "if what is shown in the photographs is true, then why the authorities did not take appropriate steps to ensure that the lessee or the person(s)/body to whom the place was settled kept the said structure in good condition."Case Details: Rajeev Suri v. Archaeological Survey of India and others SLP (c) 12213/2019Click Here To Read OrderRelated stories: Supreme Court Stops Outsourcing Of Tughlaqabad Fort Survey To Private Agency, Says Departments Can't Abdicate ResponsibilitySupreme Court Signals Intention To Monitor Protection Of Neglected Heritage Sites In DelhiSupreme Court Directs Delhi's Defence Colony Welfare...

Supreme Court Expresses Surprise At Delhi Heritage Sites Being Leased To Private Parties; Directs Police To Ensure Monuments' Protection

Gursimran Kaur Bakshi

The Court directed the NDMC Chairperson to be personally present to explain why the upkeep of the heritage sites was not monitored.

This is a premium content
Available exclusively to
Our subscribers

INR 1099+GST

Tags

Supreme Court Expresses Surprise At Delhi Heritage Sites Being Leased To Private Parties; Directs Police To Ensure Monuments' Protection

Gursimran Kaur Bakshi

The Court directed the NDMC Chairperson to be personally present to explain why the upkeep of the heritage sites was not monitored.

This is a premium content Available exclusively to Our subscribers

INR 1099+GST

Tags

This is a premium content
Available exclusively to
Our subscribers