In a significant step, the Supreme Court on Wednesday directed the Delhi government to issue a fresh notification to declare the historic, Lodhi-era monument "Gumti of Shaikh Ali" as a protected monument under the law.
The two-judge bench of the top court, headed by Justice Sudhanshu Dhulia and Justice Ahsanuddin Amanullah, passed the direction to the Delhi govt after hearing an appeal filed by Defence Colony resident Rajeev Suri, who sought a direction to declare the Gumti as a protected monument under the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (AMASR Act).
Suri had knocked the doors of the apex court after his plea was earlier dismissed by the Delhi High Court.
During the course of the hearing on Wednesday, the top court went through some report filed by the Delhi government, including a notification and clarified that it was not “happily (properly) worded”.
“Let the notification (to declare the monument as a protected one under the law) be re-issued by the Delhi government,” the bench told the Delhi govt.
Making it clear that there should not be any illegal structures or encroachments near the area, the court asked the authorities to demolish the illegal structures, if any, inside the monument site.
It directed the court commissioner to visit and inspect the concerned area and apprise the bench about the work undertaken in pursuance of the directions issued.
Asking the archaeology department and other authorities concerned to prepare and execute plans to beautify and preserve the monument and its surrounding areas, the court reprimanded the MCD for continuing to operate an office near the monument and granted 48 hours to it to clear the site of “lock, stock, and barrel”.
The SC had earlier in its order expressed its displeasure over the Defence Colony Residents Welfare Association (RWA) which unauthorisedly occupied the historic, Lodhi-era monument "Gumti of Shaikh Ali" for over six decades, and directed it to pay Rs 40 lakh as compensation.
The top court, while refusing to waive off the cost, had earlier in its order clarified that the cost was imposed, as the Defence Colony RWA illegally occupied the tomb in 1960s and justifying its occupation by saying anti-social elements would have damaged it.