Supreme Court To Recover Costs From Defence Colony RWA For Illegal Occupation Of Historic Monument For 60 Years

The Supreme Court recently directed the Department of Archaeology, Delhi to constitute a Committee within a week to initiate the process of restoration of Lodhi-era Shaikh Ali 'Gumti', a 500-year-old tomb of archaeological importance, which was under the illegal occupation of the Defence Colony Residents Welfare Association for 60 years.

The Court also indicated its intention to recover the cost of illegal occupation from the DCRWA.

Handing over the illegal possession of Gumti 

Pursuant to an order dated January 21, the Defence Colony Residents Welfare Association, which has been illegally occupying the tomb for 60 years for the purpose of office, has now handed over its possession to the Land & Development Office, Ministry of Urban Affairs, Government of India, after removing its furniture and fixtures. 

The exercise of handing over the possession of the monument was done in the presence of a Senior Advocate and the Court-appointed Commissioner, Gopal Shankarnarayan.

The Court has also asked the Residents Welfare Association to file a reply as to how much cost they should pay for unauthorised occupying the building for 60 years. They are required to file affidavit within 3 weeks. 

MCD operated parking

A bench of Justices Sudhanshu Dhulia and Ahsanuddin Amanullah was informed on February 18 by Shankarnarayan that an unauthorised parking area is being operated on the appurtenant land. It was informed that the Municipal Corporation of Delhi (MCD) gave the contract for parking. At present, the ongoing contract has expired. 

As a matter of caution, the Court directed that the contract for the parking shall not be renewed until further orders of the Court.

Another parking is being operated by the MCD in the peripheral area. As per the Court, it has blocked access to the monument for the general public. The Court has directed the MCD to take every possible step to remove the parking as early as possible. 

It has also issued notice to the MCD to be present in the next hearing. The MCD shall apprise the Court as to what steps they propose to take to remove the encroachment.

Conservation and restoration of Gumti

As per the report filed by the Department of Archeology, Delhi, based on the January 21 order, the Gumti is capable of being of conversation and restoration. The department has suggested the constitution of a Committee for this purpose. 

The Court has directed the department to constitute a Committee within a week and inform the Court of the progress in the next hearing on March 25.

Gumti as protected monument 

The Court noted that as per the Central Government's notification dated February 9, 2004, it recommended declaring Gumti as a monument of national importance under the Central legislation. However, this was objected to by the Residents Welfare Association.

However, later in 2008, the Central Government decided not to declare it as a monument of national importance as major additions or alterations have been done by the Welfare Association leading to Gumti losing its originality. 

The Court ordered that the 2004 notification however should not come in a way in declaring the monument as a protected monument under the Delhi Ancient and Historial Monuments and Archaeological Sites and Remains Act, 2004, if deemed necessary.

Case Details: RAJEEV SURI v. ARCHAEOLOGICAL SURVEY OF INDIA & ORS.|Special Leave to Appeal (C) No(s). 12213/2019

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