The Supreme Court pulled up MCD for neglecting the historic Gumti of Shaikh Ali in Defence Colony and ordered a detailed day-wise affidavit. The Bench expressed shock over casual treatment and warned strict action if progress lags.
New Delhi: On August 28, the Supreme Court strongly criticised the Municipal Corporation of Delhi (MCD) for its failure to properly maintain the historic Gumti of Shaikh Ali located at Defence Colony, New Delhi.
The Court said that there were serious lapses on the part of MCD and directed them to file a detailed affidavit, explaining the day-to-day steps taken for the maintenance of the Gumti and the surrounding park.
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A Bench of Justice Ahsanuddin Amanullah and Justice S.V.N Bhatti was hearing the matter. The Supreme Court had earlier directed that the park near the Gumti should be maintained and beautified so that it retains its natural beauty and is available for the benefit of the general public.
At the very beginning of the hearing, the Bench observed,
“At the outset, there have been serious questions and lapses with regard to the role of MCD in the matter, as stated by Counsel for MCD, put up tomorrow.”
Justice Amanullah asked whether the progress of the work was satisfactory. Senior Advocate Gopal Shankarnarayan, who was appointed as Court Commissioner, updated the Court about the current status of the Gumti structure and the surrounding area.
He reminded the Court about the earlier order for proper maintenance of the Gumti, but added,
“unfortunately it’s lagging behind.”
Hearing this, Justice Amanullah remarked that MCD had earlier assured the Court that there would not be any delay.
The Judge expressed strong displeasure, saying,
“I am more than shocked that right from day one they have been treating this very casually.”
Shankarnarayan further informed the Court that basic civic problems like sanitation, cleaning, drainage, electricity, and waterlogging were still not solved in the Gumti area.
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Justice Bhatti then intervened and questioned MCD’s lawyer Shubhranshu Padhi. He asked,
“What have you done till yesterday? What is the position today? What are you going to do in next four weeks…”
Justice Bhatti also warned that if the Court had even the slightest doubt about the progress, it might send someone to the Gumti site and check the situation directly through a video call.
On behalf of MCD, Senior Associate Garima Prasad told the Bench that such issues were not earlier communicated to them. She suggested that MCD would be ready to file an affidavit about the present status of the Gumti.
The Court, however, once again recorded its concern in the order,
“At the outset, there have been serious questions and lapses with regard to the role of MCD in the matter, as stated by Counsel for MCD, put up tomorrow.”
Justice Amanullah then directed MCD to file a detailed affidavit giving a day-wise record of the steps taken for maintenance of the Gumti.
Background
The Petitioner in this case is a resident of Defence Colony, who raised concerns about the historic value of the Gumti. He argued that the structure had been compromised due to unauthorized changes made by the Defence Colony Welfare Association (DCWA).
The controversy dates back to 2004, when the Central Government, through a Gazette Notification, showed its intention to declare the Gumti a monument of national importance. However, objections were raised by DCWA, which led to a long process of discussions and delays within the Archaeological Survey of India (ASI).
After the Delhi High Court dismissed his petition, the resident approached the Supreme Court, seeking protection of the Gumti under the Ancient Monuments and Archaeological Sites and Remains Act, 1958.
Earlier, the Supreme Court had even asked the CBI to conduct a preliminary enquiry into the alleged occupation and alterations of the historic Gumti.
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On July 16, 2025, the Court noted in its order,
“We were inclined to issue notice under the Contempt of Courts Act on this as prima facie we are of the opinion that the action on the part of the MCD amounts to an obstruction to justice.”
The Court had also ordered the MCD to demolish all unauthorized structures in the area, clean it, and hand it over to the Department of Archaeology.
Case Title:
Rajeev Suri v. Archaeological Survey of India (SLP (C) No. 12213/2019).
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