New Delhi:Observing Lodhi-era monument "Gumti of Shaikh Ali" must be preserved, the Supreme Court on Tuesday directed Delhi's archaeology department to visit the site and prepare a restoration plan. A bench of Justices Sudhanshu Dhulia and Ahsanuddin Amanullah also directed the Defence Colony Welfare Association (DCWA) to "peacefully" handover the site's possession within two weeks to the Land And Development Office.
The top court directed the ASI to submit a restoration plan within three weeks. The bench passed the order after perusing a report filed by Swapna Liddle, who is ex-convener of the Delhi chapter of Indian National Trust for Art and Cultural Heritage. The court had appointed Liddle to survey and inspect the building and ascertain the damage caused to the monument and the extent of its restoration.
The bench in November, 2024, pulled up the Archaeological Survey of India (ASI) for failing to protect the monument in Defence Colony with the CBI flagging a resident welfare association was using the 15th century structure as its office.
Fuming over the inaction on the part of the ASI for having allowed the resident association to occupy the structure since the 1960s, the bench said, "What kind of authority are you (ASI)? What is your mandate? You have gone back from your mandate of protecting the ancient structures. We are perturbed by your inaction."
It pulled up the neighbourhood RWA, which occupied 700-year-old tomb in 1960s, and for justifying its occupation by saying anti-social elements would have damaged it. Justice Amanullah however expressed his displeasure over the RWA's conduct and its justification. The bench said, "The RWA is occupying the place and running its rule sitting in an AC-fitted office. Will it not pay any rent?"
The top court was hearing a petition filed by one Rajiv Suri, a resident of Defence Colony, seeking court's directions to declare the structure as a protected monument under the Ancient Monuments and Archeological Sites and Remains Act of 1958. He challenged the 2019 Delhi High Court order which refused to pass the directions.
The top court earlier this year asked the CBI to probe into the circumstances under which the structure came to be occupied by the RWA as its office and submit a report. The probe agency informed the bench that there were several alterations made in the structure by the RWA, including a false ceiling.
The top court was also informed that in 2004, the ASI started the process of declaring the tomb as a protected monument but dragged its feet upon objection from the residents' body. It was also informed that in 2008, the Centre dropped the plan of declaring it as a protected structure.
Suri's plea referred to several historical records and said the structure found a mention in a survey of Delhi monuments conducted in 1920 by Maulvi Zafar Hasan, a British era archaeologist.
