'You will clean it in 2 hours if a dignitary comes': Supreme Court to MCD on Lodhi-era monument's upkeep

New Delhi: "You will clean it in two hours if a dignitary is coming", the Supreme Court has said as it slammed the MCD for its inaction in maintaining cleanliness around the Lodhi-era monument "Gumti of Shaikh Ali" in Defence Colony area in the national capital.

Directing the MCD commissioner to hold officers accountable, a bench of Justices Ahsanuddin Amanullah and S V N Bhatti told him to submit an action plan to deal with the gaps shown by the court commissioner.

"If a dignitary is coming, you will clean it in two hours and keep the area spick and span. Is this the respect you show to our orders? It is very difficult to restrain ourselves but is this the way you behave? Is there any ego issue that you say the archaeology department will do?" the bench observed on September 4.

The top court also directed the municipal body to depute a senior official to monitor the situation on a day-to-day basis and to share the details of the officer with the senior advocate Gopal Sankaranarayanan who has been appointed court commissioner in the matter.

Examining a report submitted by Sankaranarayanan, who visited the site on Wednesday, the court found non-compliance of its orders.

It then summoned the MCD commissioner and directed him to appear by 3 pm "We find that there is too much of a communication gap between the court and the MCD. We would thus like the commissioner of the MCD to be personally present in the court at 3 pm so that whatever order the Court passes is in his presence so that it is taken in the right spirit," the bench said.

The top court continued, "We have been constrained to pass this order as we have been giving sufficient leverage and latitude to the MCD to come clean by showing its bonafide but we find that our hopes have been dashed by the conduct and the stand taken by the MCD." When the commissioner appeared he submitted there was some communication gap as regards the cemented portion and assured that it will be removed.

The court then posted the matter for September 18 and sought a report MCD on officers responsible for disobeying its orders and the action taken in this regard.

The apex court had previously ordered the park inside the Lodhi-era monument "Gumti of Shaikh Ali" premises not to be used for the construction of badminton or basketball courts.

The top court then 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 surfaced 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.

The apex court 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.

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 unauthorised construction or excavation in their vicinity.