The Supreme Court criticized the Residents’ Welfare Association (RWA) for occupying the Gumti of Shaikh Ali, a 15th-century tomb, as its office. The court also reprimanded the Archaeological Survey of India (ASI) for failing to protect the historical structure. The RWA’s use of the tomb raised concerns about the preservation of the heritage site. The court emphasized the importance of safeguarding such monuments for future generations.
New Delhi: The Supreme Court reprimanded the Defence Colony Welfare Association (DCWA) for occupying a 700-year-old Lodhi-era tomb in Delhi and criticized the Archaeological Survey of India (ASI) for failing to protect the monument.
The court decided to appoint an archaeological expert to assess the damage and recommend restoration efforts.
The Residents’ Welfare Association (RWA), which occupied the Gumti of Shaikh Ali since the 1960s, defended its actions, claiming that the monument would have been damaged by anti-social elements if left unprotected. The RWA had been using the 15th-century structure as its office.
Justice Sudhanshu Dhulia and Justice Ahsanuddin Amanullah expressed their outrage, stating,
“How dare you enter into this structure? What kind of arguments are you making?”
The Supreme Court criticized the Residents’ Welfare Association (RWA) for its actions, stating that the RWA was behaving like colonial rulers.
The court remarked,
“The RWA is occupying the place and running its rule sitting in an AC-fitted office. Will it not pay any rent?”
The court also reprimanded the Archaeological Survey of India (ASI) for allowing the illegal occupation of the monument.
The court said,
“What kind of authority are you (ASI)? What is your mandate? You have gone back from your mandate of protecting ancient structures. We are perturbed by your inaction,”
The court announced it would order the RWA to vacate the structure and set the next hearing for January 21, 2025.
The tomb, built during the Lodi Dynasty over 500 years ago, was the subject of a petition by Rajiv Suri, a resident of Delhi’s Defence Colony, who sought the court’s intervention to declare the structure a protected monument. Suri approached the Supreme Court after the Delhi High Court declined to pass directions in 2019.
In a previous hearing, the Supreme Court instructed the CBI to investigate how the RWA took over the historical structure. The CBI’s report revealed that the RWA had made several alterations to the monument, including installing a false ceiling.
In 2004, the ASI had planned to declare the tomb a protected monument, but the RWA objected, and the initiative was dropped in 2008. The CBI report also highlighted the involvement of a former Union Minister, whose assurances allowed the RWA to continue occupying the tomb.
The court warned,
“This will have repercussions.”
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