In a significant order aimed at preserving historical heritage, the Supreme Court has ruled that the park within the precincts of the Lodhi-era monument “Gumti of Shaikh Ali” in Delhi shall not be used for constructing badminton or basketball courts or for any other non-conforming purposes.
A bench comprising Justices Sudhanshu Dhulia and Ahsanuddin Amanullah passed the directive on July 31, stressing that the area, owing to its limited space and historical significance, must retain its natural form. The court further barred any commercial activity, including kiosks or shops, within the monument premises.
The bench reiterated that the park — which comprises four landscaped quadrants — must be maintained and beautified for public benefit, without altering its essential character. The court appointed commissioner has been tasked with coordinating efforts for upkeep in consultation with the relevant authorities, including the Horticulture Department.
The apex court had earlier directed the Delhi government to issue a fresh notification declaring the Gumti of Shaikh Ali a protected monument under the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (AMASR Act), ensuring stringent legal safeguards against encroachment or misuse.
The dispute arose following a plea by Defence Colony resident Rajeev Suri, who sought the monument’s protection under the AMASR Act after the Delhi High Court rejected his petition in 2019. In earlier hearings, the top court ordered the Defence Colony Resident Welfare Association to vacate unauthorised structures and directed it to pay ₹40 lakh in compensation for encroachment since the 1960s.
The matter will be heard next on August 28.
Under the AMASR Act, protected monuments enjoy legal safeguards, including restrictions on nearby construction or excavation, to preserve their cultural and historical integrity for future generations.
