The Supreme Court slammed the MCD for failing to maintain cleanliness around the Lodhi-era monument “Gumti of Shaikh Ali” in Delhi, warning officers of strict accountability. The bench reminded the civic body that court orders must be respected, not ignored until VIP visits.
New Delhi: The Supreme Court has strongly criticised the Municipal Corporation of Delhi (MCD) for failing to keep the surroundings of the Lodhi-era monument “Gumti of Shaikh Ali” in Defence Colony clean. The court said the civic body acts quickly only when a VIP is expected, but ignores its duty otherwise.
“You will clean it in two hours if a dignitary is coming,”
the bench remarked while pointing out that the area was still not properly maintained.
The case was heard by a bench of Justices Ahsanuddin Amanullah and S V N Bhatti, who directed the MCD commissioner to hold his officers accountable and submit a clear action plan to remove the gaps pointed out by the court commissioner.
The judges told the MCD,
“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 court also ordered that the MCD must appoint a senior officer to supervise the cleaning and maintenance work daily. The details of this officer are to be shared with senior advocate Gopal Sankaranarayanan, who has been appointed by the court as commissioner in the matter.
After examining the commissioner’s report submitted on September 4, the court found that its earlier directions had not been followed.
The bench then summoned the MCD commissioner to appear personally before the court at 3 pm the same day. It observed,
“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 judges added,
“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 before the court, he explained that there was a communication gap regarding the cemented area and assured that the cemented portion would be removed.
The matter will now be heard again on September 18. The Supreme Court has also directed the MCD to file a report on the officers who disobeyed its orders and to state what action will be taken against them.
The issue goes back several years. Earlier, the top court had stopped the construction of badminton and basketball courts inside the park area of the Lodhi-era monument. It also ordered the Delhi government to issue a fresh notification declaring the “Gumti of Shaikh Ali” a protected monument under the law.
The dispute came to the Supreme Court after the Defence Colony Resident Welfare Association was ordered to vacate the monument premises and pay Rs 40 lakh to the archaeology department for using the property since the 1960s.
The present plea was filed by Defence Colony resident Rajeev Suri, who requested that the Gumti be declared a protected monument under the Ancient Monuments and Archaeological Sites and Remains Act, 1958. His plea was earlier dismissed by the Delhi High Court in 2019, following which he approached the Supreme Court.
Since then, the apex court has been giving repeated directions to clear encroachments, stop illegal occupation, and beautify the monument and its surroundings.
Protected monuments under the AMASR Act enjoy strong legal protection. They are safeguarded against damage, destruction, and any unauthorised construction or excavation nearby.
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