New Delhi, Jul 16 – The Supreme Court has mandated the Delhi government to issue a new notification to officially declare the “Gumti of Shaikh Ali,” a monument from the Lodhi era, as a protected site under the law.
The controversy surrounding the monument escalated when the Supreme Court ordered the Defence Colony resident welfare association to vacate its structures and compensate the archaeology department of the Delhi government with Rs 40 lakh for occupying the historical site since the 1960s.
A bench consisting of Justices Sudhanshu Dhulia and Ahsanuddin Amanullah was reviewing a petition from Defence Colony resident Rajeev Suri, who sought the designation of the Gumti as a protected monument under the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (AMASR Act). This petition was brought to the Supreme Court after the Delhi High Court dismissed Suri’s request in 2019.
The Supreme Court has consistently issued directives to eliminate encroachments, illegal occupations, and to enhance the monument and its surrounding area. During the proceedings on Wednesday, the bench scrutinized a notification from the Delhi government, describing it as poorly articulated. The bench instructed, “Let the notification (to declare the monument as a protected one under the law) be re-issued by the Delhi government.”
Monuments classified as protected under the AMASR Act receive legal safeguards, conservation initiatives, and restrictions on surrounding activities to ensure their preservation for future generations. These protections shield such monuments from damage, destruction, and unauthorized construction or excavation nearby.
Additionally, the bench directed authorities to demolish any illegal structures within the monument’s vicinity. It also instructed the court commissioner to inspect the area and report back on the progress of the mandated actions. The authorities, including the archaeology department, were tasked with developing and implementing plans to enhance and preserve the monument and its surroundings.
Previously, the bench had ordered the Municipal Corporation of Delhi (MCD) and other entities to remove all encroachments around the “Gumti of Shaikh Ali.” Furthermore, it instructed the MCD and Delhi Jal Board (DJB) to vacate and relinquish their office spaces to the Land and Development Office. The bench reprimanded the MCD for continuing to operate an office near the monument and granted a 48-hour deadline to vacate the site completely.
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