SUPREME COURT PROHIBITS CONSTRUCTION OF SPORTS COURTS AND COMMERCIAL USE IN PARK NEAR DELHI’S SHAIKH ALI GUMTI:

On July 31, the Supreme Court issued further directions for the restoration and preservation of the 500-year-old Lodhi-era monument, Shaikh Ali 'Gumti', located in Delhi’s Defence Colony. This historic tomb, of significant archaeological importance, had been illegally occupied for decades by the Defence Colony Welfare Association (DCWA), which used it as an office, and the Municipal Corporation of Delhi (MCD), which had also established an unauthorized office and parking space on the premises. A bench comprising Justices Sudhanshu Dhulia and Ahsanuddin Amanullah has now taken firm steps to ensure that the monument and the surrounding park are fully restored and protected.

The Court specifically directed that the park within which the Gumti is located must not be used for the construction of badminton or basketball courts. It stated that the space must not be repurposed for any other activity, emphasizing that the area should retain its natural beauty and be used only for the benefit of the general public. All forms of commercial activity, including the setting up of kiosks or shops, have been strictly prohibited. The Court also took note of the assurance given by Senior Advocate Garima Prasad, representing the MCD, that all waste in the park will be cleared promptly. It further noted that a restoration plan would be developed in consultation with all relevant stakeholders, including committee members, experts, the Court-appointed Commissioner, and the petitioner, Rajeev Suri.

The bench was also informed by Advocate Shubhranshu Padhi, representing the Government of the National Capital Territory of Delhi, that the restoration work of the monument is currently underway and is expected to be completed by the end of August 2025. However, the Court was told that the final step—the publication of a notification under the Delhi Ancient and Historical Monument and Archaeological Sites and Remains Act, 2004, is still pending. The Court stressed the urgency of finalizing the restoration plan, with Justice Amanullah noting that this process should be expedited so that the Court may have a clear view of what lies ahead.

The Court has passed a series of orders since January 21, instructing the DCWA to hand over possession of the Gumti to the Land and Development Office (L\&DO) under the Ministry of Urban Affairs, and directing the MCD to vacate the unauthorized office and parking area. These actions were monitored by Court Commissioner and Senior Advocate Gopal Sankarnarayan. A cost of ₹40 lakhs was imposed on the DCWA, which is now being utilized for the restoration of the monument. Though the DCWA handed over possession peacefully in May, the MCD’s compliance was inadequate, the site was littered with garbage and surrounded by broken walls, lacking even basic infrastructure like electricity. On July 23, the Court ordered the MCD to clear the site completely and file the necessary reports.

The petition had been filed by Rajeev Suri under the Ancient Monuments and Archaeological Sites and Remains Act, 1958, seeking legal protection for the monument. Last year, in August 2024, the Court directed the Central Bureau of Investigation (CBI) to conduct a preliminary inquiry into the refusal by the Archaeological Survey of India (ASI) and the Central Government to protect the monument. The CBI’s report revealed long-standing illegal occupation by the DCWA, which had made unauthorized structural alterations, including converting openings, installing utilities, constructing a washroom and parking shed, and installing a false ceiling.

To assist in assessing the damage and potential restoration, the Court appointed heritage expert Swapna Liddle, former convener of the Indian National Trust for Art and Cultural Heritage (INTACH), Delhi Chapter. The Court also suggested the possibility of declaring the Gumti a protected monument, signaling its commitment to ensuring the historical site is preserved and respected for future generations.