SC bans construction of badminton/basketball courts, commercial activities in park near Shaikh Ali Gumti

The Supreme Court has banned construction of badminton/basketball courts and commercial activities in a park near the Lodhi-era Shaikh Ali Gumti illegally occupied by the Defence Colony Welfare Association (DCWA) in the National Capital.

“The only direction which needs to be given here is that it should not be used for any other purpose and no activity such as construction of badminton court, basketball court, etc., be made considering the limitations of the area itself,” said Bench of Justice Sudhanshu Dhulia and Justice Ahsanuddin Amanullah in its July 31 order.

“Needless to say, there will be no commercial activity, nor any kiosks/shops be allowed in the area,” said the Bench which had earlier ordered restoration of the 500-year-old tomb of archaeological importance, where the Municipal Corporation of Delhi (MCD) used to operate an unauthorised office and parking.

Directing senior counsel and Court Commissioner Gopal Sankaranayan to “coordinate with the concerned Department, including the Horticulture Department, for maintenance and beautification of the park, the Bench directed the matter to be relisted on August 28.

Delhi Government counsel Shubhranshu Padhi informed the top court that the restoration work of the monument was going on and was likely to be completed by August-end.

The park consisting of four quadrants shall be maintained and beautified so that it retains its natural beauty and may be used for the benefit of the general public, it was told.

The Bench was also informed that anomalies in the June notification dated June 11, 2025, whereby the Gumti of Shaikh Ali was declared as a ‘protected monument’ under Section 4 of ‘The Delhi Ancient and Historical Monuments and Archaeological Sites and Remains Act, 2004’ shall corrected and shortly notified.

The counsel for the Municipal Corporation of Delhi (MCD) assured the top court that the corporation has cleared the waste lying in the park and will continue to perform its duties.

The possession of the Lodhi-era Shaikh Ali Gumti has been handed over by the Defence Colony Resident Welfare Association to Land & Development Office, Government of India.

The Supreme Court on July 16 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.

The order came on a petition filed by Defence Colony resident Rajeev Suri seeking to declare the Gumti tomb 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 unauthorized construction or excavation in their vicinity.