Declare Lodhi-era 'Gumti of Shaikh Ali' protected monument: SC to Delhi govt

New Delhi: The Supreme Court on Wednesday directed the Delhi government to issue a fresh notification to declare the Lodhi-era monument "Gumti of Shaikh Ali" a protected monument under law.

The dispute over the monument came to limelight when the top court directed the Defence Colony resident welfare association to vacate its structures and pay Rs 40 lakh to the archaeology department of the Delhi government as compensation for occupying the historical place since the 1960s.

A bench comprising Justices Sudhanshu Dhulia and Ahsanuddin Amanullah was hearing a plea filed by Defence Colony resident Rajeev Suri, who sought to have the Gumti declared a protected monument under the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (AMASR Act).

The plea was filed in the top court after the Delhi High Court dismissed his plea in 2019.

The top court has been regularly passing directions to ensure removal of encroachments, illegal occupation, and beautification of the monument and its surrounding area.

On Wednesday, the bench examined a Delhi government notification and said it was not “happily worded”.

“Let the notification (to declare the monument as a protected one under the law) be re-issued by the Delhi government,” the bench said.

Protected monuments under the AMASR Act benefit from legal protection, conservation efforts, and restrictions on activities around them to ensure their preservation for future generations. Such monuments are safeguarded against damage, destruction, and unauthorized construction or excavation in their vicinity.

The bench asked the authorities to demolish the illegal structures inside the monument area.

The bench asked the court commissioner to inspect the area and apprise the bench about the work undertaken in pursuance of the directions issued.

It asked the authorities including the archaeology department to make and execute plans to beautify and preserve the monument and its surrounding areas.

The bench previously directed the MCD and others to remove all encroachments around "Gumti of Shaikh Ali".

It also ordered the MCD and DJB to vacate and hand over their office spaces to the Land and Development Office.

The bench subsequently reprimanded the MCD for continuing to operate an office near the monument and granted 48 hours to it to clear the site of “lock, stock, and barrel”.