Today, On 12th November, Supreme Court rebukes RWA for occupying Lodi-era Gumti tomb in Delhi. The Court criticized the ASI for permitting the illegal occupation by DCWA, which had modified the historic site with false ceilings, electric fans, and furniture. This sharp reprimand highlighted the misuse and alteration of a protected monument, emphasizing the need for preserving heritage sites.
New Delhi: The Supreme Court on Tuesday criticized the Defence Colony Welfare Association (DCWA) for its unauthorized occupation of the Gumti of Shaikh Ali, a historic Lodi-era tomb in Delhi’s Defence Colony, and rebuked the Archaeological Survey of India (ASI) for failing to prevent this encroachment.
Reviewing a report by the Central Bureau of Investigation (CBI), Justices Sudhanshu Dhulia and Ahsanuddin Amanullah expressed their disapproval in strong terms.
Justice Dhulia questioned,
“How dare you (DCWA) enter this? How dare you,”
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When the DCWA counsel claimed,
“We were there for decades,”
Justice Dhulia responded,
“What kind of argument is this?”
Justice Amanullah added firmly,
“Cannot be allowed. We will evict you in open court if needed.”
The DCWA counsel argued that “anti-social elements will come” if they leave, further aggravating the Bench.
The Bench remarked,
“You are speaking like colonial rulers you know. Like ‘if we didn’t come to India, what would have happened,'”
Justice Sudhanshu Dhulia admonished the Resident Welfare Association, rebuking the ASI for permitting the illegal occupation by DCWA, which had altered the historic site with false ceilings, electric fans, and furniture.
“How dare you (RWA) enter this tomb? How dare you?”
Justice Ahsanuddin Amanullah expressed further outrage, stating,
“And how the ASI did a volte face only because an electricity connection is there? Enough of these hanky panky things. We are going to haul people up! Because windows and tables and false ceilings have been put, nothing can be done? What rubbish?! Is this how local authorities act? Can it be allowed? We are very shocked.”
Justice Dhulia also noted,
“ASI has gone against its own mandate! How can you allow this for a 700-year-old Lodi-era tomb?”
The Court appointed an expert to assess the damage and recommend restoration measures, ordering a report within six weeks. The case was scheduled for further hearing on January 21, 2025. The Court praised the CBI and petitioner Rajeev Suri for bringing attention to the encroachment.
The Supreme Court was addressing a petition requesting measures for the protection and preservation of a tomb situated near the Defence Colony market.
According to the National Mission on Monuments and Antiquities, the Gumti is an octagonal tomb constructed during the Lodi period, more than 500 years ago.
Previously, the Delhi High Court declined to consider the petitioner’s request to designate the tomb as a monument of national importance. The Supreme Court issued a notice in July 2019 regarding the appeal and ordered a status quo in March of this year.
The petition claimed that the municipal body of the national capital was attempting to build multi-level parking and a shopping plaza on the open land surrounding the tomb. In April, representatives for the Archaeological Survey of India (ASI) and the Union government informed the Supreme Court that the structure had never been assigned to the Delhi Cantonment Welfare Association (DCWA).
When the case was heard in August, the Supreme Court directed the Central Bureau of Investigation (CBI) to conduct a preliminary inquiry to determine how the Gumti came to be occupied by the DCWA. The court also instructed the CBI to investigate the reasons behind the Centre’s and ASI’s reversal from their previous position of recognizing the structure as a protected monument.
Additionally, the CBI was tasked with examining any alterations made to the Gumti and to assess why authorities had not taken preventive measures.
During today’s hearing, the Supreme Court reviewed the CBI’s status report and acknowledged that its concerns were well-founded.
The Court condemned the ASI for allowing the unauthorized occupation of the historic tomb, remarking,
“Serious issue, counsel. All our apprehensions were 100 percent correct.”
The Court expressed appreciation for the CBI’s thorough investigation.
“We really appreciate the agency for how it started the probe and its status report… Of course, the CBI is not an expert body for historical work, but they have done good work in informing this Court of the sequence of events of the total neglect and illegal encroachment of this building of archaeological importance.”
The Court also praised petitioner Rajeev Suri for raising the issue, remarking,
“Authorities have been silent for 60 years. We really appreciate the petitioner doing this pro bono, going to High Court. Why are you doing it? Are you a historian?”
Suri responded,
“I did study history, Your Honour. I live in Defence Colony and have been castigated for it,”
Justice Dhulia, smiling, noted,
“You are fighting against your own shadow.”
An advocate for the opposing side added,
“He fought against Central Vista and the new Indian Parliament also.”
Justice Amanullah replied,
“That is the beauty of India. No one can be castigated for these things.”
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Suri clarified,
“That other challenge was not about the new Parliament,”
To which the Bench responded,
“We are not even into that. Why hold it against someone? That is the beauty of this country.”
Appearing in person, petitioner Rajeev Suri was represented by Senior Advocate Shikhil Shiv Suri and Advocate TRB Sivakumar. Additional Solicitor General Aishwarya Bhati, with Advocates Amrish Kumar and Shreekant Neelappa Terdal, appeared for the Union government, ASI, and the Land & Development Office. Advocates Rakesh Sinha, Arvind Gupta, Ghulam Akbar, Jeemon Raju K, Shruti Shashi, and Sushant Shekhar represented the DCWA.