SUPREME COURT TO RECOVER COSTS FROM DEFENCE COLONY RWA FOR 60-YEAR ILLEGAL OCCUPATION:

The Supreme Court has recently instructed the Department of Archaeology, Delhi, to establish a Committee within a week to commence the restoration process of the 500-year-old Lodhi-era tomb, Shaikh Ali 'Gumti'. This historically significant monument had been under the unauthorized occupation of the Defence Colony Residents Welfare Association for the past six decades. Recognizing its immense archaeological value, the court's directive aims to ensure the monument's preservation and safeguard its heritage for future generations. The Court also indicated its intention to recover the cost of illegal occupation from the DCRWA.

In compliance with a court order dated January 21, the Defence Colony Residents Welfare Association, which had been unlawfully occupying the historic Shaikh Ali 'Gumti' tomb for six decades and using it as an office space, has now relinquished possession. The tomb has been officially handed over to the Land & Development Office under the Ministry of Urban Affairs, Government of India, following the removal of all furniture and fixtures previously installed by the association.

The transfer of possession was carried out under legal supervision, with the process overseen by a Senior Advocate and the Court-appointed Commissioner, Gopal Shankarnarayan, ensuring that the directive was executed smoothly and in accordance with the law.

The Court has also directed the Defence Colony Residents Welfare Association to submit a response specifying the amount they should pay as compensation for unlawfully occupying the historic tomb for 60 years. The association has been given a period of three weeks to file an affidavit addressing this matter.

On February 18, Senior Advocate Gopal Shankarnarayan informed a bench comprising Justices Sudhanshu Dhulia and Ahsanuddin Amanullah that an unauthorized parking facility was being operated on the land adjacent to the historic tomb. It was revealed that the Municipal Corporation of Delhi (MCD) had awarded a contract for this parking, but the contract had since expired.

As a precautionary measure, the Court directed that the parking contract should not be renewed until further orders. Additionally, another parking facility managed by the MCD in the peripheral area was found to be obstructing public access to the monument. Acknowledging this issue, the Court instructed the MCD to take all necessary steps to remove the parking at the earliest. Furthermore, the Court issued a notice to the MCD, requiring its representatives to appear at the next hearing and provide a detailed report on the measures they plan to implement to eliminate the encroachment.

According to a report submitted by the Department of Archaeology, Delhi, in compliance with the January 21 order, the Shaikh Ali 'Gumti' tomb is deemed suitable for conservation and restoration. To facilitate this process, the department has recommended the formation of a dedicated Committee. Acting on this recommendation, the Court has instructed the department to establish the Committee within a week and to provide an update on the progress during the next hearing scheduled for March 25.

The Court observed that, as per the Central Government's notification dated February 9, 2004, it had been recommended that the Shaikh Ali 'Gumti' tomb be declared a monument of national importance under central legislation. However, this proposal was met with objections from the Defence Colony Residents Welfare Association. Subsequently, in 2008, the Central Government decided against granting the monument national importance status, citing significant modifications and alterations made by the Welfare Association, which had compromised the tomb’s original structure. Despite this, the Court ruled that the 2004 notification should not hinder the possibility of declaring the monument a protected site under the Delhi Ancient and Historical Monuments and Archaeological Sites and Remains Act, 2004, if deemed necessary.