The Supreme Court on Thursday ordered the protection of the historic Lodhi-era Shaikh Ali Gumti under the Ancient Monuments and Archaeological Sites and Remains (AMASR) Act, 1958, and banned all construction activities and sports courts in the area.
The two-judge bench of the top court, headed by Justice Sudhanshu Dhulia and including Justice Ahsanuddin Amanullah, passed the order after hearing an appeal filed by Defence Colony resident Rajeev Suri, who sought a direction to declare the Gumti a protected monument under the AMASR Act. Suri moved the top court after his plea was rejected by the Delhi High Court.
The SC passed the order after being apprised by Suri that the Shaikh Ali Gumti was significant from the historical point of view. "The park must retain its natural form. No sports courts or construction activities will be allowed in that area," the top court said in the order.
Before passing the direction, the SC noted the submissions of officials from the Municipal Corporation of Delhi (MCD) who said that they have already cleared waste from the park area surrounding the monument. They assured the bench that maintenance work in the park will be continued regularly.
Earlier, the Supreme Court, in one of the hearings, had directed the Delhi government to issue a fresh notification to declare the Gumti a protected monument under the law.
The apex court had earlier made it clear that there should not be any illegal structures or encroachments near the area and asked the authorities to demolish the illegal structures, if any, inside the monument site.
It had 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.
The SC had earlier expressed its displeasure over the Defence Colony Residents Welfare Association (RWA) unauthorisedly occupying the historic monument for over six decades, directing it to pay Rs 40 lakh as compensation.
The top court, while refusing to waive the cost, had clarified that the cost was imposed as the Defence Colony RWA illegally occupied the tomb in the 1960s, justifying its occupation by saying anti-social elements would have damaged it.
