Supreme Court Bars Construction Of Badminton/Basketball Courts & Commercial Activities In Park Near Delhi's Shaikh Ali Gumti

The Supreme Court on July 31 passed further orders 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 Municipal Corporation of Delhi (MCD) operated an unauthorised office and parking.

A bench comprising Justices Sudhanshu Dhulia and Ahsanuddin Amanullah has directed that the park in the Gumti should not be used for construction of Badminton/Basketball Courts and there shall be no commercial activity nor any kiosks/shops be allowed in the area. It has said that the park should retain its natural beauty. It has also been assured by Senior Advocate, Garima Prasad, Counsel for the MCD, that the waste lying in the park will be cleared. 

"We have also been assured that after taking opinion of all the concerned parties, particularly the Members of the Committee, the experts and also the Court Commissioner, including the petitioner, the park which consists of 04 quadrants, as it exists now, shall be maintained and beautified so that it retains its natural beauty and may be used for the benefit of the general public.

The only direction which needs to be given here is that it should not be used for any other purpose and no activity such as construction of Badminton Court, Basketball Court etc. be made considering the limitations of the area itself. Needless to say, there will be no commercial activity, nor any kiosks/shops be allowed in the area."

The Court also acknowledged the statement made by Advocate Shubhranshu Padhi, for the Govt. of NCT of Delhi, that the restoration work of the monument is presently going on and will be completed by the end of August this year.

Further, the pending steps remaining is the publication of the notification under the 'Delhi Ancient and Historical Monument and Archaeological Sites and Remains Act, 2004'.

Several orders since January 21 have been passed by the Court for the DCWA to hand over possession of Gomti to the Land & Development Office, Ministry of Urban Affairs, Government of India (L&DO), and for the MCD to vacate the illegally occupied office and parking in the presence of Court Commissioner appointed by the bench, Senior Advocate Gopal Sankarnarayan. It had also imposed a cost of Rs. 40 lacs on DCWA, which is being used for the restoration of the monument.

While, by an order dated May 14, the bench was informed that the DCWA has handed peaceful possession of the Gomti to L&DO, the MCD handed over the illegally occupied premises with garbage littered around the area and half-broken walls around it and no electricity. On July 23, the MCD was ordered to remove everything lying at the site, and all necessary reports shall be filed.

Pursuant to this, the Court on July 30 ordered the MCD to maintain the park in the Gumti in its original form. At the outset, Sankarnarayan informed the bench that the steps are pending to finalise the restoration plan of the Gumti. To this, Justice Amanullah responded that this needs to be "hurried up" so that even the Court can see what's ahead of it.

The order was passed in a petition filed by one Rajeev Suri, a resident of the Defence Colony, seeking protection of the Gumti under the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (AMASR Act).

In August 2024, the Court directed the Central Bureau of Investigation (CBI) to initiate a preliminary enquiry into why the Archaeological Survey of India(ASI) and the Central Government had refused to protect it. Pursuant to which, a report was submitted which revealed that the DCWA not only illegally occupied it but also made unauthorised alterations.

On November 14, last year, a bench of Justices Sudhanshu Dhulia and Ahsanuddin Amanullah appointed an expert, Ms Swapna Liddle, ex-convener of (INTACH) (Delhi Chapter of Indian National Trust for Art and Cultural Heritage) and author of several books on the history of Delhi, to survey and inspect the building and ascertain the damage which has been caused and to what extent the building can be restored, and in what manner it can be done.

The CBI enquiry disclosed that the DCWA has been using the Gumti as its Office for approximately the last sixty years. It listed the various alterations made to the structure, such as conversion of openings, installation of electricity and water meters, MTNL cables, wooden cabinets, false ceiling, construction of a washroom and parking shed etc.

The bench had also suggested that the Gumti could be declared a protection monument. 

Case Details: RAJEEV SURI v ARCHAEOLOGICAL SURVEY OF INDIA AND ORS.|SLP(C) No. 12213/2019

Appearances: Senior Advocate Shikhil Shiv Suri (for petitioner), ASG Aishwarya Bhati (for ASI), Gopal Shankarnarayan (Court Commissioner)

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