SUPREME COURT ORDERS DELHI'S DEFENCE COLONY WELFARE ASSOCIATION TO VACATE UNAUTHORIZED OCCUPATION OF LODHI-ERA TOMB

On January 21, 2025, the Supreme Court strongly criticized the Defence Colony Welfare Association (DCWA), Delhi, for its unlawful encroachment on the Lodhi-era Shaikh Ali 'Gumti', a 500-year-old tomb of archaeological significance. The Court directed the DCWA to vacate the tomb and return its peaceful possession within two weeks. The Court further instructed that no additional damage should be caused to the Gumti during the evacuation process, and the Municipal Corporation of Delhi (MCD) is tasked with removing any other encroachments, if present. A Court Commissioner has been appointed to oversee the handover of the monument from the Defence Colony Welfare Association (DCWA) to the Land & Development Office (L&DO), Ministry of Housing and Urban Affairs, Government of India, the original owner. In 1962, the land housing the Gumti was transferred to the MCD for its upkeep.

The order was issued in response to a petition filed by Rajeev Suri, a Defence Colony resident, who sought the 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 conduct a preliminary inquiry into why the Archaeological Survey of India (ASI) and the Central Government had failed to protect the monument. The subsequent report revealed that the Defence Colony Welfare Association (DCWA) not only illegally occupied the Gumti but also made unauthorized alterations to it.

On November 14 of the previous year, Justices Sudhanshu Dhulia and Ahsanuddin Amanullah appointed Ms. Swapna Liddle, former convener of INTACH Delhi and an expert on Delhi's history, to assess the damage to the Gumti and determine the extent of restoration needed. The Court had requested her report within six weeks, which was discussed in today's hearing. The CBI inquiry revealed that the Defence Colony Welfare Association (DCWA) had been using the Gumti as its office for nearly 60 years. The report highlighted several unauthorized alterations, including changes to the structure, installation of electricity and water meters, MTNL cables, wooden cabinets, a false ceiling, and the construction of a washroom and parking shed. The Land & Development Office (L&DO) informed the CBI that it had never allocated the Shaikh Ali Gumti to any individual or organization, and that the Gumti was under the unauthorized occupation of the Defence Colony Welfare Association (DCWA). The inquiry confirmed that while the ownership rests with the L&DO, the DCWA has been illegally occupying the Gumti since 1963.

At the beginning of the hearing, the Court praised Ms. Swapna Liddle, who appeared in person, for her comprehensive report on the Gumti. Notably, Ms. Liddle took on the task pro bono and declined the Rs. 1 lakh token offered by the Court for her efforts. When the Court inquired about the possibility of fully restoring the monument, Ms. Liddle confirmed it could be done. Based on this, the Court directed the Archaeological Department of the NCT Delhi to prepare a restoration report, including an estimated cost, within three weeks. Although the Court considered assigning the restoration responsibility to the ASI, it noted that the Gumti had been declared a heritage site under a state notification.