NEW DELHI — The Supreme Court on Wednesday has ordered the Municipal Corporation of Delhi (MCD) to vacate its unauthorised office in the Lodhi-era Shaikh Ali ‘Gumti,’ a 500-year-old tomb of historical importance. within 48 hours.
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.
The apex court criticised the MCD for its unauthorised occupation, emphasising the civic body’s disregard for heritage preservation laws, as reported in media on Wednesday.
The apex court bench led by Justice Sudhanshu Dhulia expressed strong disapproval of MCD’s claim that its office, located “adjacent” to the monument, was “strategically situated” to carry out emergency operations in South Delhi.
The monument in question — Gumti of Shaikh Ali — sits at the centre of a roundabout near the Defence Colony market.
The MCD had established an office in close proximity to a centuries-old heritage structure, raising concerns among conservationists and prompting legal scrutiny.
While the Defence Colony Welfare Association (DCWA) has been accused of illegal encroachment of the Gomti for 60 years for which the Court has imposed 40 lacs as compensation, MCD has been operating illegal parking and its office in the peripheral land surrounding the monument. On April 8, a bench of Justice Sudhanshu Dhulia and Ahsanuddin Amanullah had ordered that all encroachments, including the office of the MCD, should be handed over within 2 weeks, reports Live Law.
However, on May 14, it was informed that the MCD has yet to hand over the possession. Therefore, the Court ordered handing over the possession by May 15. Subsequent to this, the Court has directed that the same shall be handed over to the Department of Archaeology, Government of NCT of Delhi, for the purpose of restoration and conservation.
The Supreme Court expressed strong disapproval of the MCD’s actions. The court noted that the civic body, entrusted with the responsibility of safeguarding the city’s heritage, had instead contributed to its degradation by occupying space near the ancient structure without requisite permissions.
“The MCD’s conduct reflects a blatant disregard for heritage conservation,” the apex court bench observed. “Such unauthorised occupation not only endangers the structural integrity of the monument but also sets a detrimental precedent.”
The court emphasised that any delay would be viewed seriously and could attract contempt proceedings. Additionally, the court directed the Archaeological Survey of India (ASI) to assess the damage, if any, caused to the heritage structure due to the MCD’s occupation and submit a report within two weeks. — n(with media inputs)
