The Supreme Court on Wednesday pulled up the Municipal Corporation of Delhi (MCD) for failing to maintain cleanliness around the Lodhi-era monument Gumti of Shaikh Ali in Defence Colony, remarking that the civic body would clean the premises “within two hours if a dignitary was coming.”
A bench of Justices Ahsanuddin Amanullah and S.V.N. Bhatti, expressing sharp displeasure, summoned the MCD Commissioner to court after finding non-compliance with its earlier directions. “Is this the respect you show to our orders? We have been giving sufficient latitude, but our hopes have been dashed by the conduct and stand of the MCD,” the bench observed.
The apex court directed the MCD Commissioner to fix accountability on erring officers and submit an action plan addressing the gaps identified by the court-appointed commissioner, senior advocate Gopal Sankaranarayanan. The bench also ordered the municipal body to assign a senior officer for daily monitoring and share the officer’s details with Sankaranarayanan.
The court noted “too much of a communication gap” between its orders and MCD’s actions. “If a dignitary is coming, you will clean it in two hours and keep the area spick and span. Is there any ego issue that you say the archaeology department will do?” the bench asked sternly.
The proceedings stem from a petition filed by Defence Colony resident Rajeev Suri, seeking protection of the Gumti of Shaikh Ali under the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (AMASR Act). His plea was earlier dismissed by the Delhi High Court in 2019, leading him to approach the Supreme Court.
In earlier hearings, the top court restrained the use of the monument’s park for badminton or basketball courts and directed the Delhi government to notify the Gumti of Shaikh Ali as a protected monument. It also ordered the Defence Colony Residents’ Welfare Association to vacate illegal structures and pay ₹40 lakh in compensation to the Delhi archaeology department for occupying the site since the 1960s.
During Wednesday’s hearing, the MCD Commissioner admitted to a “communication gap” regarding the cemented portions around the site and assured the bench of compliance. The court has now posted the matter for September 18, directing the MCD to file a report on the officers responsible for disobeying its orders and the action taken against them.
Protected monuments under the AMASR Act are legally safeguarded against encroachment, destruction, or unauthorised construction, ensuring their conservation for future generations. The Supreme Court has been monitoring the case to protect the heritage site from neglect and encroachment.
