Declare 'Gumti of Shaikh Ali' a protected monument: SC orders Delhi Govt

The Supreme Court on Wednesday ordered the Delhi Government to issue a fresh notification to declare the Lodhi-era monument ‘Gumti of Shaikh Ali’ in Defence Colony area of South Delhi a protected monument under the Ancient Monuments and Archaeological Sites and Remains Act, 1958.

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“Let the notification be re-issued by the Delhi Government,” said a Bench of Justice Sudhanshu Dhulia and Justice Justice Ahsanuddin Amanullah which had in March this year had directed the Defence Colony Residents’ Welfare Association to vacate the historical monument and pay Rs 40 lakh to the Archaeology Department of the Delhi Government as compensation for occupying it since the 1960s.

The order came on a petition filed by Defence Colony resident Rajeev Suri seeking to declare the ‘Gumti of Shaikh Ali’ a protected monument under the 1958 Act. Suri had challenged the Delhi High Court’s February 20, 2019, judgment refusing to issue directions to the ASI and the Centre to declare the ‘Gumti’ as a protected monument under the 1958 Act.

Monuments protected under the Act get legal protection and benefit from conservation efforts and restrictions on activities around them to ensure their preservation. Such monuments are safeguarded against damage, destruction and unauthorised construction or excavation in their vicinity.

It asked the authorities to demolish illegal structures inside the monument area and directed the authorities, including the Archaeology Department, to beautify and preserve the monument and its surrounding areas.

The Bench also asked the court commissioner to inspect the area and apprise the Bench about the work undertaken in pursuance of the directions issued.

According to the National Mission on Monuments and Antiquities, the tomb was built during the Lodi Dynasty period more than 500 years ago. The ASI had initially recommended declaring the Gumti a protected monument under the Act, but later, citing the modifications made by the DCWA – which has been using the structure as its office – went back on its recommendation.

The top court had in August 2024 ordered the CBI to conduct a preliminary enquiry into the decision of the Archaeological Survey of India and the Centre refusing to declare Shaikh Ali 'Gumti' a protected monument solely on the basis of objections made by Defence Colony RWA.

Earlier, it had directed the MCD and others to remove all encroachments around it. It had also ordered the MCD and DJB to vacate and hand over their office spaces to the Land and Development Office.