BREAKING: 'Is There Ego Issue'? Supreme Court Summons MCD Commissioner For Failing To Remove Debris In Lodhi-Era Gumti

The Supreme Court today took a serious view of the consistent violations of the Municipal Corporation of Delhi ("MCD"), failing to remove debris for the restoration of the Lodhi-era Shaikh Ali 'Gumti', a 500-year-old tomb of archaeological importance, which was illegally occupied by the Defence Colony Welfare Association (DCWA), Delhi, and where the MCD operated an unauthorised office and parking. In the morning, it had directed the MCD Commissioner's physical presence in the Court at 3 pm.

When the Commissioner appeared after lunch, the Court expressed its anguish with the repeated failure of the MCD to comply with its orders. The Court said that it is "pained" and is "very unhappy" with the manner MCD has cooperated in this matter. It was orally said that it appears to be an ego clash between the MCD and the Archaeological Survey of India ("ASI") and warned of a suo moto contempt if, on next occasion, the orders are not complied with.

Court's appointed Commissioner, Senior Advocate Gopal Sankarnarayan, before lunch had informed the Court that he had visited yesterday evening and the debris from the demolition two months ago, which took place pursuant to the Court's order of the illegal construction, is still lying there. The Court also questioned the failure of the MCD's Counsel, Senior Advocate Garima Prasad, in complying with the order.

It has now ordered a day-to-day monitoring of this issue and that a senior officer should be deputed for this matter. 

The Court ordered: "In terms of the order passed by us, the MCD Commissioner is present. We have interacted with him and have expressed our anguish and concern with regard to the conduct of the officers of MCD. He accepts there may have been a communication gap and has assured he is now very clear on what needs to be done in maintaining sanitation, cleaning, and removal of debris, has to be taken care of on a day-to-day basis. He assured us he would be taking action who may have been slipped on in performing duties resulting in a situation where we had to call the Commissioner in person.

With regard to aforesaid, list the matter on 18.9.2025 at 3 pm. On that day, an affidavit should be filed by MCD and AGI. Learned that amicus and also the petitioner may place suggestions/reports on next day. It would be open to parties to interact so that any grey area which needs to be collectively addressed is so done without any further delay. The personal presence is dispensed with. We direct the Commissioner to depute a senior officer who shall be personally officer the situation on day to day basis...Commissoner shall share details of the senior officer to the counsels so that they are in touch with each other."

A bench comprising Justice Sudhanshu Dhulia and Justice Ahsanuddin Amanullah had been monitoring the matters for months. Since Justice Dhulia retired last month, the matter is now heard by Justice Amanullah and Justice SVN Bhatti.

Before lunch, both judges took an exception to the MCD's recent affidavit that the debris around the Gumti has been cleared, and the only debris left is that caused during the restoration process. This was after the Court's Commissioner submitted that the debris continue to lie there.  

On this, Justice Bhatti asked Prasad: "Ms Garima Prasad, is there any ego issue in this matter? Please answer me. MCD is the biggest corporation in the country. But you will not have an answer for the last question. Please look at the photographs filed by Gopal Sankarnayan. An MCD with wherewithal, as I understand, it hardly takes between half an hour to one hour to do the cleaning job. Unless someone thinks that let the orders keep coming, I will continue to do what I have been doing."

How much time does it take to clean debris of 4-5 inches? You are called upon to make a particular site clean if a dignitary is coming, you will clean in 2 hours. Is this the respect you show to the court's order? I am sorry, I had enough experience as a high court judge. I had a experience in dealing the worst in the country brahmapuram debris. Even there, I did not find such a problem I am finding here."

The bench then ordered: "Having considering the matter, we find two months communication gap between the Court and the MCD. We would thus like the MCD Commissioner to be personally present at the Court at 3 pm today. So that whatever the order court passes is taken seriously in spirit. We are constrained to pass this court because we have given sufficient time for the MCD to come clean but we are constrained to observe our hopes have been dashed by the conduct and stand taken."