SC directs fresh notification to safeguard Lodhi-era monument; orders demolition of illegal structures and Rs 40 lakh compensation by encroachers.
New Delhi: Today, on July 16, the Supreme Court directed the Delhi government to issue a fresh notification to declare the Lodhi-era structure, “Gumti of Shaikh Ali,” as a protected monument under the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (AMASR Act).
The bench, comprising Justices Sudhanshu Dhulia and Ahsanuddin Amanullah, was hearing a petition filed by Defence Colony resident Rajeev Suri, who had earlier approached the Delhi High Court but received an adverse decision in 2019.
The matter gained public attention after the apex court had earlier directed the Defence Colony Resident Welfare Association to vacate the premises and pay Rs 40 lakh to the Delhi government’s archaeology department as compensation for unauthorisedly occupying the heritage site since the 1960s.
While examining the Delhi government’s earlier notification that attempted to protect the monument under the law, the Supreme Court observed that it was not correctly framed.
The bench remarked,
“Let the notification (to declare the monument as a protected one under the law) be re-issued by the Delhi government.”
The court found the wording of the earlier notification insufficient and wanted a clear and proper legal document that effectively provides protection under the AMASR Act.
The court has been actively monitoring the situation and has passed several directions over time to remove illegal encroachments, demolish unauthorized constructions, and beautify and conserve the historical site along with its surroundings.
The AMASR Act provides that once a monument is declared protected, it is given legal backing to ensure its conservation, restoration, and safeguarding from damage, unauthorized construction, and excavation activities in its vicinity.
The intent is to preserve India’s cultural heritage for future generations.
In the latest hearing, the bench also directed relevant authorities to demolish illegal structures within the monument premises.
Further, the court directed the court commissioner to inspect the site and submit a report on the progress made following the court’s orders.
The bench added that the archaeology department and other concerned officials should
“make and execute plans to beautify and preserve the monument and its surrounding areas.”
Earlier, the Supreme Court had already instructed the Municipal Corporation of Delhi (MCD) and other authorities to remove all encroachments near the monument.
In addition, it had also passed orders for the MCD and Delhi Jal Board (DJB) to vacate and hand over their office spaces near the monument to the Land and Development Office.
However, the court noted that its earlier orders had not been fully complied with. The bench expressed strong displeasure with the MCD, stating that it was still operating from near the monument in violation of the court’s orders.
As a result, the court reprimanded the MCD and ordered it to vacate the site within 48 hours, directing it to clear the area of
“lock, stock, and barrel.”
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