The Supreme Court of India has directed the Municipal Corporation of Delhi (MCD) to immediately vacate its unauthorized office in the Lodhi-era Shaikh Ali 'Gumti,' a 500-year-old tomb of historical importance. This decision follows the Court's January 21 order, where the Defence Colony Welfare Association (DCWA), Delhi, transferred peaceful possession of the monument to the Land & Development Office (L&DO), Ministry of Urban Affairs, Government of India.
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"The Municipal Corporation of Delhi (MCD) must vacate the unauthorized office and hand over possession to L&DO immediately." — Supreme Court Order (May 14)
The Supreme Court's latest order came after the Court learned that the MCD had not yet vacated the premises, despite an earlier direction on April 8. The April order, issued by a bench of Justice Sudhanshu Dhulia and Justice Ahsanuddin Amanullah, mandated that all encroachments, including the MCD office, must be cleared within two weeks.
The Court also noted that the DCWA had been illegally occupying the historical monument for approximately 60 years. As a result, a compensation of ₹40 lakhs was imposed on the association. Furthermore, the MCD was found to be operating illegal parking and maintaining an unauthorized office around the monument.
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Following the eviction, the Supreme Court has directed the Department of Archaeology, Government of NCT of Delhi, to take over the site for restoration and conservation. Additionally, the Court ordered the removal of a tilted wall blocking the view of the heritage structure from the main entry point.
Background of the Case
The case began with a petition filed by Rajeev Suri, a Defence Colony resident, who sought protection of the monument under the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (AMASR Act). Following this, in August 2024, the Supreme Court directed the Central Bureau of Investigation (CBI) to conduct a preliminary inquiry to determine why the Archaeological Survey of India (ASI) and the Central Government had not taken steps to protect the monument.
The CBI's investigation revealed that the DCWA had not only illegally occupied the monument but had also made unauthorized alterations to its structure. These alterations included:
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- Conversion of original openings.
- Installation of electricity and water meters.
- Laying of MTNL cables.
- Construction of wooden cabinets and false ceilings.
- Addition of a washroom and parking shed.
The L&DO, in its statement to the CBI, confirmed that it had never allocated the Gumti to any individual or organization. The CBI report also confirmed that the DCWA had been illegally occupying the monument since 1963.
"The DCWA has been occupying the Gumti for nearly 60 years, making unauthorized alterations to the historical structure." — CBI Report
On November 14, 2024, the Supreme Court appointed Ms. Swapna Liddle, an expert in Delhi's history and former convener of the Indian National Trust for Art and Cultural Heritage (INTACH), to inspect the site and assess the damage. Her report is expected to guide the restoration process.
The matter is scheduled for further hearing on May 16, where the Court will review compliance with its directives.
Case Details: Rajeev Suri v. Archaeological Survey of India & Ors., Special Leave to Appeal (C) No.12213/2019
Appearances: Senior Advocate Shikhil Shiv Suri (for petitioner), ASG Aishwarya Bhati (for ASI), Gopal Shankarnarayan (Court Commissioner)
